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Privacy Policy
This Privacy Policy governs the manner in which Structure Cycleworks Inc. (together with its affiliates, partners, licensors, subsidiaries, and/or related companies, “Company,” “we,” “us,” “our”) collect, use, maintain, and disclose information collected from and about you and other users (“you” or “User”) while using the Structure Cycleworks websites , including without limitation www.structure.bike and structurecycle.com (each a “Structure Cycleworks Site,” and collectively, the “Structure Cycleworks Sites”), and the services provided on the Structure Cycleworks Sites, including Foundation Services (each a “Structure Cycleworks Service” and collectively, “Structure Cycleworks Services”) whether accessed via the Internet, a mobile device, other electronic devices, or by any other means. This Privacy Policy is incorporated into and made a part of the Terms of Use governing use of the Structure Cycleworks Sites and Structure Cycleworks Services. We are dedicated to safeguarding Personally Identifiable Information (as defined below) that we collect.
Information We Collect and When
Some of the information we collect from Users of the Structure Cycleworks Sites can be used to identify the User and some cannot. For example, we collect from Users of the Structure Cycleworks Sites (1) “Personally Identifiable Information” which is information that can be used to locate you, contact you, or determine your specific identity (such as name, e-mail address, mailing address, phone number, user name, credit card information, etc.) and (2) “aggregate information” which is information about your activities on a Structure Cycleworks Site or in connection with a Structure Cycleworks Service that cannot be used to identify, locate, or contact you (such as frequency of visits to Structure Cycleworks Sites, data entered when using Structure Cycleworks Sites, Structure Cycleworks Site pages most frequently accessed, browser type, links a User clicks, IP address, and other similar information).
WE COLLECT INFORMATION FROM YOU:
- When you use a credit card to pay for any of our services or products, we ask for your name, address, credit card and credit card-related information.
Once you have created an account, you may complete your profile by providing additional Personally Identifiable Information about yourself.
- When you connect your Structure Cycleworks Site account with your Facebook account or other social media account we will have access to the publicly available information from your Facebook or other social media page, and Facebook or other social media site will have access to information you log through a Structure Cycleworks Site while logged onto your Structure Cycleworks Site account through Facebook or the other social media site.
- When you enter a contest, sweepstakes or promotion through a Structure Cycleworks Site.
- When you submit comments, feedback, or suggestions through a Structure Cycleworks Site.
- When you visit a Structure Cycleworks Site, even if you are not logged in, we gather information about your computer operating system (e.g., Windows XP or Mac OS), your “IP Address,” the web browser (e.g., Firefox, Internet Explorer) being used, the referring website information, usage data regarding your activity on such Structure Cycleworks Site, including what web pages you visit or share, what functions you use, as well as overall time spent on that Structure Cycleworks Site. We use this data for internal analysis about the Structure Cycleworks Sites’ performance and services.
- When you share your content with family and friends using Structure Cycleworks’s products, send gift certificates and products, or invite others to participate in a Structure Cycleworks Service or forum, we may collect the information you provide about those people such as name, mailing address, email address, and phone number. We will use such information to fulfill your requests and provide the relevant product or service.
You can refuse to supply Personally Identifiable Information, but it may prevent you from having access to a Structure Cycleworks Site’s full functionality. The Structure Cycleworks Sites allow you to edit and update your personal information and preferences at any time. Once you have created an account and log in to a Structure Cycleworks Site -- you are not anonymous to us.
How We Use Collected Information
We collect and use your Personally Identifiable Information for the following purposes:
To personalize user experience:
- We may use information in the aggregate to understand how our Users as a group use Structure Cycleworks Services and resources provided on the Structure Cycleworks Sites.
To improve the Structure Cycleworks Sites and your User experience:
- We continually strive to improve our offerings based on the information and feedback we receive from you.
- We may use information we gather about you to display data trends based on different demographics, make offers and discounts available to you, among other things.
To provide customer service:
- Your information helps us to more effectively respond to your customer service requests and support needs.
- When a User submits questions or comments to us, we may use that information to respond to the User.
- By creating an account with us, you agree that we may contact you by phone, email, mail, or text message to respond to questions that you submit to us.
To process transactions:
- We may use the information Users provide when placing an order only to process that order. We do not share credit card information with outside parties except to the extent necessary to provide the service or in connection with our transfer or assignment of our right to payment as permitted by the Terms of Use.
To send periodic emails and printed materials:
- The address and email address Users provide will be used to send them information, sales offers, and updates pertaining to their Structure Cycleworks Services. Such addresses may also be used to respond to Users, and/or other requests or questions. By creating an account on a Structure Cycleworks Site, Users are opting-in to our mailing list, and will receive emails and/or mail that may include company news, updates, sales information, related product or service information, etc. We may send offers and communications to Users after any subscription or membership to a Structure Cycleworks Service has concluded. If at any time the User would like to unsubscribe from receiving future emails or mail, they may do so by contacting us via the “unsubscribe” link on a Structure Cycleworks Site.
For our marketing purposes:
- We may use the information Users provide to display targeted advertising or other content that we think may be of interest to the User based on information the User has shared with us.
- We may provide data mining services to third-parties interested in better understanding our Users such as aggregate information about the Structure Cycleworks Sites’ user base, including interests, purchases made, so that such parties may determine if they would like to advertise to our Users.
- By registering an account, you agree that we may contact you at the phone number you have provided us, even if your number is on a do-not-call list or a wireless number, for our marketing purposes.
- We may connect and link your information with the information provided by you to any Structure Cycleworks Site.
- We may also use or sell aggregate information such as information about the pages visited to improve the design, content and performance of the Structure Cycleworks Sites, or to analyze usage and the popularity of certain pages of the Structure Cycleworks Sites.
International Transfers of Personal Information/Safe Harbor Statement
As part of our international operations, we may transfer data to our servers and affiliates in other countries from time to time for our legitimate business purposes and to provide services to you.
Financial Information
When you purchase our services, you will be asked to provide credit card and/or billing information and email address. When credit card data is entered into our system, it is immediately tokenized and sent to a secure payment processor. Your credit card information cannot be seen by our agents and is never stored in our systems. We will use the information provided in connection with a User’s purchase to process your order and for no other purpose.
When We Share Your Personal Information
We may provide Personally Identifiable Information to our authorized service providers who assist us in providing Structure Cycleworks Services and performing functions on our behalf. They are prohibited from using it in any other way.
We may share, rent, sell, or lease, your personal contact information to our trusted marketing partners for their internal or commercial purposes.
We will disclose information we maintain when required by law, for example, in response to a court order or a subpoena. We also may disclose such information in response to requests from law enforcement agencies or other public agencies if we feel that such disclosure may prevent the instigation of a crime. In addition, we may sell or otherwise disclose to third-parties information that does not constitute Personally Identifiable Information.
Finally, we may disclose your information if (i) there is a transfer, assignment, or sale of our assets or ownership in connection with a proposed or consummated corporate reorganization, such as a merger or acquisition, to the extent permitted by law, or (ii) upon assignment of your membership or Membership Fees to a third-party as permitted by the Terms of Use.
Web Browser Cookies and Other Technologies Used to Collect Information
In addition to the collection of information described above, we use various technologies to collect information from your computer and about your activities on the Structure Cycleworks Sites.
- Cookies. When you visit a Structure Cycleworks Site, we may assign your computer one or more cookies, to facilitate access to such Structure Cycleworks Site and to personalize your experience on that Structure Cycleworks Site. A cookie is a small text file, with no Personally Identifiable Information, that we place on User’s computer browser. Through the use of a cookie, we also may automatically collect information about your online activity on a Structure Cycleworks Site, such as the web pages you visit and the links you click. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you choose to decline cookies, please note that you may not be able to sign in or use some of the interactive features offered on the Structure Cycleworks Sites.
- Other technologies. We may use standard Internet technology, such as web beacons and other similar technologies, to track your use of the Structure Cycleworks Sites. Web beacons are tiny graphics which are embedded in the webpage and are used for similar purposes as cookies to track activity. We also may include web beacons in e-mail messages or newsletters to determine whether messages have been opened and acted upon. The information we obtain in this manner enables us to customize the services we offer to visitors of the Structure Cycleworks Sites, to deliver targeted advertisements, and to measure the overall effectiveness of our online advertising, content, programming or other activities.
- Information collected by third-parties. We may allow third-parties, including our authorized service providers, advertising companies, and ad networks, to display advertisements on the Structure Cycleworks Sites. These companies may use tracking technologies, such as cookies, to collect information about users who view or interact with their advertisements. The Structure Cycleworks Sites do not provide any personal information to these third-parties. This information allows them to deliver targeted advertisements and gauge their effectiveness.
How We Protect Your Information
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on the Structure Cycleworks Sites.
Sensitive and private data exchange between a Structure Cycleworks Site and a User happens over a SSL secured communication channel and is encrypted and protected with digital signatures.
We want you to feel confident using the Structure Cycleworks Sites. However, no system can be completely secure. Therefore, although we take steps to secure your information, we do not promise, and you should not expect, that your personal information, searches, or other communications will always remain secure. Users should also take care with how they handle and disclose their personal information and should avoid sending personal information through insecure email. Please refer to the Federal Trade Commission’s website at http://www.ftc.gov/bcp/menus/consumer/data.shtm for information about how to protect yourself against identity theft.
Deleting Your Information
If you have cancelled your account with a Structure Cycleworks Site or Structure Cycleworks Service, and wish to delete your account information, please contact us at (866) 230-3567 during regular business hours. If we delete your account, your user profile will no longer be visible and all information associated with your account will be permanently deleted. We may retain and use your information to comply with applicable law, resolve disputes, or enforce our agreements. You may still receive promotional emails from us regarding new Structure Cycleworks Products or Structure Cycleworks Services.
Third-Party Websites
Users may find advertising or other content on the Structure Cycleworks Sites that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from the Structure Cycleworks Sites. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to a Structure Cycleworks Site, is subject to that website’s own terms and policies.
Advertising Disclaimer
We share no affiliation with any political party or its views. Our ads visible on political websites are there as a result of remarketing, not a partnership, affiliation, or endorsement.
Remarketing lets us show ads to people who have visited the Structure Cycleworks Sites. When people leave a Structure Cycleworks Site without buying anything, remarketing helps us reconnect with them by showing relevant ads across their different devices and websites. The ads simply follow the user to the sites they visit.
Changes to This Privacy Policy
We reserve the right to update and change this Privacy Policy at any time without notice to you.
We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this Privacy Policy periodically and become aware of modifications.
Your Acceptance of These Terms
By using a Structure Cycleworks Site, you signify your acceptance of this Privacy Policy. If you do not agree to this Privacy Policy, please do not use the Structure Cycleworks Sites. Your continued use of a Structure Cycleworks Site following the posting of changes to this policy will be deemed your acceptance of those changes.
Contacting Us
If you have any questions about this Privacy Policy, the practices of the Structure Cycleworks Sites, or your dealings with the Structure Cycleworks Sites, please contact us at (866) 230-3567 or privacy@structure.bike
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Structure Cycleworks Terms of Use
These Terms of Use were last revised on March 30, 2018.
• User's Acknowledgement and Acceptance of Terms
These terms of use are entered into by and between You and Structure Cycleworks (together with its affiliates, partners, licensors, subsidiaries, and/or related companies, “Structure Cycleworks,” “us,” “our,” or “we”). The following terms and conditions, together with any guidelines, policies, rules notices, or other ancillary agreements, which are expressly incorporated by reference, including without limitation the Privacy Policy (these “Terms of Use”) govern your access to and use of the Structure Cycleworks websites, (each, a “Structure Cycleworks Site,” and, collectively the "Structure Cycleworks Sites”), along with any downloadable applications, services, Content (as hereinafter defined), or interface provided by us, including Foundation Services and Structure Cycleworks-controlled social media pages (including Facebook, Instagram, and Twitter), (individually, a “Structure Cycleworks Service,” and collectively, the “Structure Cycleworks Services”). Certain Structure Cycleworks Services or materials may be subject to supplemental terms and conditions; your use of those Structure Cycleworks Services is subject to such additional terms and conditions, which are hereby incorporated by reference.
By using a Structure Cycleworks site or Structure Cycleworks services, you agree to be bound by these Terms of Use, the Privacy Policy, and/or any other policy referenced herein. If you do not wish to be bound by these terms of use, you must discontinue your use of the Structure Cycleworks sites and Structure Cycleworks services. These terms of use become effective immediately upon commencement of your use of a Structure Cycleworks site.
• Modifications to Terms of Use
We expressly reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review the Structure Cycleworks Sites and these Terms of Use periodically and to familiarize yourself with any modifications. Your continued use of a Structure Cycleworks Site after such modifications will constitute acknowledgement and agreement to the modified Terms of Use.
• Sale of Products
Structure Cycleworks may accept orders for various bicycles, equipment and accessories on the Structure Cycleworks Sites (“Structure Cycleworks Products”). The availability of Structure Cycleworks Products is not guaranteed and all prices are subject to change at any time. All purchases of Structure Cycleworks Products are subject to the purchase terms of the Structure Cycleworks Site for each Structure Cycleworks Product, as applicable. For purchase, shipping, taxes, warranty, recall, and return information, please refer to the Structure Cycleworks site for such Structure Cycleworks product support.
• Site and Services Access
We reserve the sole right to modify or discontinue a Structure Cycleworks Site or any portion of a Structure CycleworksSite, at any time with or without notice to you. We will not be liable to you or any third-party should we exercise such right. Any new features that alter, modify, augment, enhance, or otherwise impact Structure Cycleworks Services on the Structure Cycleworks Sites shall also be subject to these Terms of Use.
You understand and agree that temporary interruptions of Structure Cycleworks Services available through the Structure Cycleworks Sites may occur as normal events. You further understand and agree that we have no control over third-party networks you may access during your use of the Structure Cycleworks Sites, and therefore, delays and disruption of other network transmissions are completely beyond our control.
• License
Subject to your acceptance and compliance with these Terms of Use, we grant you a non-exclusive, non-sublicensable, revocable, non-transferable, personal license to use the Structure Cycleworks Sites and the Structure Cycleworks Services for your own personal and non-commercial use. No Product Central Site, or any portion of a Structure Cycleworks Site, may be reproduced, duplicated, copied, modified, sold, resold, distributed, visited, or otherwise exploited for any commercial purpose without our express written consent. Except as expressly set forth herein, these Terms of Use grant you no rights in or to our intellectual property. The license granted in this section is conditioned on your compliance with these Terms of Use. In the event that you breach any provision of these Terms of Use, your rights under this section will immediately terminate.
• Ownership of Intellectual Property
The Structure Cycleworks Sites contain copyrighted material of Structure Cycleworks Inc. All Rights Reserved.
The Structure Cycleworks Sites and Structure Cycleworks Services, including all information, data, communications, software, photos, video, graphics, music, sounds, and other material that can be viewed by users on the Structure Cycleworks Sites, including message boards, chat, and other original content (“Content”) are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and are the sole property of Structure Cycleworks or its licensors. You are only permitted to use the Content as expressly authorized by us or the specific Content provider. Except for a single copy made for personal use only, you may not copy, reproduce, perform, display, modify, republish, upload, post, transmit, or distribute any or a portion of any Content or any documents or information from any Structure Cycleworks Site in any form or by any means without prior written permission from us or the specific Content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on a Structure Cycleworks Site. Any unauthorized use of Content appearing on a Structure Cycleworks Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. We do not warrant or represent that your use of Content displayed on, or obtained through, a Structure Cycleworks Site will not infringe the rights of third-parties.
All custom graphics, icons, logos and service names are trademarks, registered trademarks or service marks of Central Product Inc., or its affiliates, including without limitation the following: Structure Cycleworks, Structure Cycleworks, and The Foundation. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of Structure Cycleworks Inc.
• Prohibited Uses
You represent and warrant to us that you will not use any Structure Cycleworks Site (or any portion thereof) or Structure Cycleworks Service for any purpose that is against applicable local, state or federal laws, rules or regulations or otherwise prohibited by these Terms of Use. You shall not:
- Use cheats, automation software (bots), hacks, mods or any other software designed to modify a Structure Cycleworks Site or Structure Cycleworks Services;
- Use any Structure Cycleworks Site or Structure Cycleworks Service, or any part thereof for any commercial purpose;
- Use a Structure Cycleworks Service for any “e-sports” or group competition sponsored, promoted or facilitated by any commercial or non-profit entity without our prior written consent;
- Use any third-party software that intercepts, “mines,” or otherwise collects information from or through a Structure Cycleworks Site or Structure Cycleworks Service, including without limitation, any software that reads areas of RAM used by such Structure Cycleworks Service to store information the Services;
- Modify or cause to be modified any files that are a part of a Structure Cycleworks Site or a Structure Cycleworks- Service in any way not expressly authorized by us;
Host, provide or develop matchmaking services for a Structure Cycleworks Service, or intercept, emulate or redirect the communication protocols used by us in any way, for any purpose, including without limitation, unauthorized play over the Internet, network play, or as part of content aggregation networks;
- Facilitate, create or maintain a connection to a Structure Cycleworks Service, including without limitation (a) any connection to any server that emulates, or attempts to emulate, such Structure Cycleworks Service; or (b) any connection using programs or tools not expressly approved by us, except for your personal use; or
- Disrupt or assist in the disruption of: (a) any computer used to support a Structure Cycleworks Service or any game environment, or (b) any other user’s use of a Structure Cycleworks Site or a Structure Cycleworks Service.
• Use by Minors
The Structure Cycleworks Sites are intended for use by users who are of the age of majority in your jurisdiction. Any use of or access to the Structure Cycleworks Sites or Structure Cycleworks Services by anyone under the age of majority without the express permission of their parent or legal guardian is unauthorized, unlicensed and in violation of these Terms of Use. By using any Structure Cycleworks Site, you represent and warrant that you are of the age of majority, or that your parent or guardian has registered you on such Structure Cycleworks Site and has expressly given you permission and that you agree to abide by these Terms of Use.
• Registration Data and Privacy
In order to access certain Structure Cycleworks Services on the Structure Cycleworks Sites, you will be required to create an account and password that can be obtained by completing our online registration form, which requests certain information and data (“Registration Data”). By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required to keep it current, complete, and accurate. Registration is void where prohibited.
You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account, whether or not permitted or authorized by you. Therefore, you must take steps to ensure that others do not gain access to your password and account.
All information we obtain through your use of a Structure Cycleworks Site, including without limitation your Registration Data, is subject to our Privacy Policy, available at Privacy Policy which is hereby incorporated by reference into these Terms of Use.
When you create an account, the default privacy setting is “public” and other members of the community may see information about your use of the Structure Cycleworks Services, including things like the date you signed up; the date, statistics, and associated location of each workout that you completed; your overall workout statistics; who you are following and who is following you; how many pieces of equipment are connected to your account; etc. To change your privacy settings to “private,” log in to your account and select SETTINGS under your name in the right-hand corner. Select the SETTINGS tab on the dark gray menu bar. Scroll down the page to PRIVACY and check the box in front of “My profile is private.” Please note that while your account may be private, other members of the community may still find your name from searching the community and send you “follow requests” and messages.
• Social Media Features
The Structure Cycleworks Sites may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain Content on a Structure Cycleworks Site.
- Send emails or other communications with certain Content or links to certain Content, on a Structure Cycleworks Site.
- Cause limited portions of Content on a Structure Cycleworks Site to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, and solely with respect to the Content they are displayed with, and otherwise in accordance with these Terms of Use. The website from which you are linking must comply in all respects with the User Content Standards in these Terms of Use. We may disable any or all social media features and any links at any time without notice, in our sole discretion.
• Third-Party Sites and Information
The Structure Cycleworks Sites may contain links to third-party websites which supply certain goods, services, or equipment not owned or controlled by us (a “Third-Party Site”). Structure Cycleworks does not control or endorse content from such Third-Party Sites and any access by you to Third-Party Websites from a Structure Cycleworks Site shall be entirely at your own risk. Links and access to these sites are provided for your convenience only. When you leave a Structure Cycleworks Site to access a Third-Party Site you do so entirely at your own risk and subject to the terms and conditions (and applicable privacy policy) for such Third-Party Site. We are not responsible or liable to you, or any third-party, for the content or accuracy of any Third-Party Site.
• Unauthorized Use of Materials
Subject to our Privacy Policy, any communication or material that you transmit to a Structure Cycleworks Site or to us, whether by electronic mail, post, or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain all rights in such communications or material, you grant us and our agents and affiliates a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.
Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.
We respect the intellectual property of others, and we ask you to do the same. If you or any user of a Structure Cycleworks Site believes its copyright, trademark or other property rights have been infringed by a posting on any Structure Cycleworks Site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must:
- Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed).
- Identify the material that you claim is infringing the copyrighted work listed in item #1 above.
- Provide information reasonably sufficient to permit us to contact you (email address is preferred).
- Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).
- Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
- Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
Sign the paper.
Send the written communication to the Designated Agent:
ATTN: Legal Department
customerservice@structure.bike
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our Site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
• Mobile Services; Consent to Receive Mobile Communications
The Structure Cycleworks Sites may include certain Structure Cycleworks Services that are available via your mobile phone, including without limitation (i) the ability to upload content to via your mobile phone (“Mobile Uploads”), (ii) the ability to receive and reply to messages, and to write comments using text messaging (“Mobile Texts”), (iii) the ability to browse the Structure Cycleworks Sites from your mobile phone (“Mobile Web”), and (iv) the ability to access certain Structure Cycleworks Services through a mobile application you have downloaded and installed on your mobile phone, if applicable, (collectively the “Mobile Services”). We do not charge for these Mobile Services. However, your carrier’s normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you regarding Structure Cycleworks Services by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your profile settings and Registration Data to ensure that your messages are not sent to the person that acquires your old number.
• Disclaimer of Warranties
All materials and services on the Structure Cycleworks sites are provided on an "as is" and "as available" basis without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranties of title or non-infringement. Without limiting the foregoing, we make no warranty that a) the Structure Cycleworks services and materials will meet your requirements, b) the Structure Cycleworks services and materials will be uninterrupted, timely, secure, or error-free, c) the results that may be obtained from the use of the Structure Cycleworks services or materials will be effective, accurate or reliable, or d) the quality of any products, services, or information purchased or obtained by you from a Structure Cycleworks site from us, our affiliates, or third-parties will meet you expectations or be free from mistakes, errors or defects.
The Structure Cycleworks sites could include technical or other mistakes, inaccuracies or typographical errors. We may make changes to the materials and services on the Structure Cycleworks sites at any time, including, but not limited to, the prices and descriptions of any Structure Cycleworks services listed herein, at any time without notice. The materials or services on the Structure Cycleworks sites may be out of date, and we make no commitment to update such materials or services.
The use of Structure Cycleworks services or the downloading or other acquisition of any materials through any Structure Cycleworks site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from such activities.
Through your use of the Structure Cycleworks Sites, you may have the opportunities to engage in commercial transactions with other users and/or third-party vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to, the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you. We make no warranty regarding any transactions executed through, or in connection with, any Structure Cycleworks site, and you understand and agree that such transactions are conducted entirely at your own risk. Any warranty that is provided in connection with any products, services, materials, or information available on or through any Structure Cycleworks site from any third-party is provided solely by such a third party, and not by us or any of our affiliates.
Content available through the Structure Cycleworks Sites often represents the opinions and judgments of an information provider, Structure Cycleworks Site user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone, including without limitation our ex-employees, other than an authorized Structure Cycleworks spokesperson speaking in his/her official capacity.
You understand and agree that Structure Cycleworks Services available on the Structure Cycleworks Sites are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, misdelivery or failure to store any user information or personalized settings.
Some states or jurisdictions do not allow the exclusion of certain warranties, so some of the above limitations may not apply to you.
• Limitation of Liability
In no event shall we be liable to you or any third-party for any special, punitive, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including without limitation those resulting from loss of use, data or profits, whether or not we have been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of a Structure Cycleworks site, Structure Cycleworks service, user content, or of any website referenced or linked to from a Structure Cycleworks site.
Further, we shall not be liable in any way for the third-party goods and services offered through any Structure Cycleworks site or for assistance in conducting commercial transactions through any Structure Cycleworks site, including without limitation the processing of orders.
In the event that, notwithstanding the foregoing exclusions of liability, we, or any of our respective directors, officers, employees, servants or agents is liable to you for any amounts under these terms of use under any theory of recovery, whether based on contract, tort, strict liability or otherwise, our (or our affiliates', director's, officer's, employee's, servant's or agent's, as applicable) total liability shall not exceed the lesser of the amount of one hundred dollars ($100), or the amounts we actually received from you for Structure Cycleworks services in the twelve (12) months immediately preceding the date of the claim. Any claim or cause of action arising out of or related to use of the Website or any portion thereof must be filed within one (1) year after such claim or cause of action arose or be forever barred. In the event that your jurisdiction prohibits the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. This section shall survive the termination of these terms of use or Structure Cycleworks services.
• Assumption of Risk
The Structure Cycleworks sites encourage users to participate in certain physical activities. By using a Structure Cycleworks site and/or Structure Cycleworks services, or participating in such activities, you are agreeing that you have carefully read and agreed to these terms. You further acknowledge and agree that you understand the safety hazards, risks, dangers, and potential for injury associated with any physical or recreational activity. You further acknowledge and agree that you are in good health and physically fit to participate in the activities made available through the Structure Cycleworks sites, that you have not been advised of any adverse health conditions by a physician, medical practitioner, or other health care provider, that you will not participate in any of the activities made available through any Structure Cycleworks site under the influence of alcohol, drugs, or anything that could impair your ability to safely engage in the activities, and that you will only use Structure Cycleworks services and products in accordance with their recommended uses and heed any warnings associated with all Structure Cycleworks services and products. By using the Structure Cycleworks sites, the Structure Cycleworks services, or physically participating in such activities, you agree to assume the risks associated with such activities. To the extent permitted by applicable law, you forever release, waive and discharge us, our subsidiaries, owners, agents, representatives, and employees from any and all liability for loss or damage, and for every claim or cause of action of any kind including, but not limited to, bodily injury, death, or property damage, arising out of your participation in the physical activities recommended by the Structure Cycleworks sites.
• Health and Safety Warning
You understand that the Structure Cycleworks services are intended to be used in connection with athletic and fitness activities. You express agree that engaging in athletic or fitness activities as part of the Structure Cycleworks services carry certain inherent and significant risks of property damage, bodily injury or death and that you voluntarily assume all known and unknown risks associated with these activities even if cause din whole or in part by the action, inaction or negligence of Structure Cycleworks or others. You also expressly agree that product central does not assume responsibility for the inspection, supervision, preparation, or conduct of any race, competition, contest, group interaction, gathering, or event that utilizes the services.
You should consult your physician, medical practitioner, or other health care provider before engaging in any of the physical activities recommended by the Structure Cycleworks sites or Structure Cycleworks services to assess your ability to safely engage in such activities. You should not engage in any of the activities recommended by the Structure Cycleworks sites if you have any medical conditions where exercise could induce adverse effects. If you are pregnant, diabetic, have a heart condition, or have any injuries, disabilities, or other medical conditions, you certify that you have permission from your physician, medical practitioner, or other health care provider to begin an exercise program. You certify that you will start slowly and take care not to exceed your capabilities when exercising. You should immediately stop any activity that causes you to become dizzy, dehydrated, or otherwise affects your body's ability to function normally. You should always wear recommended safety equipment when participating in any activity recommended by the Structure Cycleworks sites. Failure to do so may result in injuries. To reiterate your agreement above, you agree that we shall not be responsible for any injuries you sustain while participating in any activities recommended by the Structure Cycleworks sites or Structure Cycleworks services. You agree and understand that if you are injured while exercising, you will be solely responsible for all medical costs, damages, and out-of-pocket expenses, and any claims must be satisfied through your personal health insurance or assets.
• Medical Liability Disclaimer
The material in the Structure Cycleworks Sites and Structure Cycleworks Services is provided for educational and informational purposes only and is not intended as medical or nutritional advice. The information contained in the Structure Cycleworks Sites should not be used to diagnose or treat any illness, metabolic disorder, disease or health problem. Always consult your physician, medical practitioner, or other health care provider before beginning any nutrition or exercise program. Use of the programs, advice, and information contained in the Structure Cycleworks Sites is at the sole choice and risk of the user.
• Indemnification
You shall defend, indemnify, and hold Structure Cycleworks and its respective directors, officers, employees, and agents harmless from all demands, actions, investigations, damages, claims, liabilities, whether actual or threatened, and all losses and expenses, including, but not limited to, attorneys’ fees that Structure Cycleworks incurs or is required to pay, arising from your use or misuse of a Structure Cycleworks Site or Structure Cycleworks Service, violation of these Terms of Use, or actual or threatened claim that your User Content infringes any patent, trademark, trade secret, copyright, right of publicity or privacy, or other proprietary or contract right of any party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. This indemnification shall survive the termination of these Terms of Use or Structure Cycleworks Services.
• Assignment
We may assign, sell, or transfer our rights and obligations under this Agreement, in whole or in part, to any person or entity at any time without your consent, including our rights to payment under this Agreement. You may not assign your rights to use the any Structure Cycleworks Site or Structure Cycleworks Service without our express consent.
• Advertisements
From time to time, the Structure Cycleworks Sites and Structure Cycleworks Services may include advertisements offered by third-parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on the Structure Cycleworks Sites. Any such correspondence or promotions, including without limitation the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
• International Use
Although the Structure Cycleworks Sites and Structure Cycleworks Services may be accessible worldwide, we make no representation that materials on the Structure Cycleworks Sites are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Structure Cycleworks Sites from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, Service, and/or information made in connection with the Structure Cycleworks Sites is void where prohibited.
• Export Controls
The Content contained in or utilized by Structure Cycleworks Services may not be re-exported, downloaded or otherwise exported into any country against which the U.S. or Canadian Governments maintain comprehensive economic sanctions or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Denied Persons List or Entity List. Additionally, we are also restricted from providing Structure Cycleworks Services to all such countries and/or individuals. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country, or on any such list.
• Attorneys' Fees
In the event any litigation, action, or arbitration is brought by us in connection with these Terms of Use or your use of the Structure Cycleworks Services, Structure Cycleworks shall be entitled to recover from you its costs and other expenses, including reasonable attorneys’ fees, incurred by us in such litigation, action, or arbitration.
• No Class Actions
You acknowledge and agree that you may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under these Terms of Use.
• Termination of Use
You agree that we may, in our sole discretion, terminate or suspend your access to any or all of the Structure Cycleworks Sites with or without notice and for any reason, including without limitation breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the Structure Cycleworks Services and the Structure Cycleworks Sites shall immediately cease, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Structure Cycleworks Sites. We shall not be liable to you or any third-party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
• Governing Law
The Structure Cycleworks Sites (excluding any linked sites) and Structure Cycleworks Services are controlled by us from our offices within the State of Arizona, United States of America. The Structure Cycleworks Sites and Structure Cycleworks Services can be accessed from all fifty (50) states, as well as from other countries around the world. As each of these places has laws that may differ from those of Arizona, by accessing the Structure Cycleworks Sites or Structure Cycleworks Services, both of us agree that the statutes and laws of the State of Arizona, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of the Structure Cycleworks Sites and the purchase of Structure Cycleworks Services available through the Structure Cycleworks Sites. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree to commence or prosecute any action in connection therewith in the State of Arizona, Maricopa County, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction.
• Arbitration
You acknowledge and agree that Structure Cycleworks may, at its sole discretion, require you to submit any disputes arising from the use of these Terms of Use or the Structure Cycleworks Sites, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Arizona law.
• Entire Agreement
These Terms of Use constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersede all prior agreements and understandings of the parties with respect to that subject matter. These Terms of Use may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or Structure Cycleworks Services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with the Structure Cycleworks Sites or Structure Cycleworks Services is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.
• Miscellaneous
You may not assign your rights and obligations under these Terms of Use to any party, and any purported attempt to do so will be null and void. We may freely assign our rights and obligations under these Terms of Use.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and Structure Cycleworks Services available through the Structure Cycleworks Sites arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.
• Contact Information
Except as explicitly noted on a Structure Cycleworks Site, the Structure Cycleworks Services available through the Structure Cycleworks Sites are offered by Structure Cycleworks Inc. Our telephone number is (866) 230-3567. If you notice that any user is violating these Terms of Use, please contact us at customerservice@structure.bike