Last Revised: January 12, 2020
Please read these Terms carefully. We may amend, modify, change, add, or remove portions of these Terms or any other policies or guidelines at any time without notice to you by posting a revised version on this Site. The revised version will be effective at the time we post it. Your continued use of the Site or Service after posting of the changes constitutes your binding acceptance of such changes. Please check these Terms from time to time for any updates or changes that may impact you.
By accessing or using the Site or by using any products, information, or services made available to you on, from, or through the Site (“Service”), you agree to access and use the Site and Service in accordance with these Terms, and you represent and warrant that: (a) you are fully able and competent to enter into the terms, conditions, obligations, representations and warranties set forth in these Terms; (b) all registration information you submit is truthful and accurate; (c) you will maintain the accuracy of such information; (d) you are older than 18 years of age; and (e) your use of the Site and Service does not violate any applicable law or regulation. Use of the Site and Service is void where prohibited.
You are solely responsible for the content (for example, images, text, photos, mailing and shipping addresses, etc.) you submit to, and the communication you enter into with, us including the consequences of its transmission (collectively, “Content”). By sending us any copyrighted/copyrightable Content, you affirm that you have the consent, authorization, or permission, as the case may be from every person who may claim any rights in such Content to make such Content available in such manner. You are further responsible for ensuring that you do not accidentally make any private Content publicly available. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to send us Content and submit Content to us or for publication on the Site or for use of the Service.
You grant us a limited, non-exclusive, royalty-free, fully paid up, transferable, sub-licensable, worldwide, license to use, reproduce, access, copy, modify, distribute, store, adapt, transmit, publish, reformat, list information regarding, edit, translate, make derivative works of, publicly display, and publicly perform such Content in connection with the Site and Service.
Any information or Content that you may receive through the use of the Site or Service is provided to you “AS IS” for your information and personal use only, and you agree not to use or otherwise exploit such Content for any purpose without the express written consent of the person who owns the rights to such Content. We make no warranties, express or implied, as to the Content or to the accuracy or reliability of the Content or any information that you receive through our Site or Service.
The Site and Service is controlled and offered by us from our facilities in the United States of America. We make no representation that the Site or Service is appropriate or available for use in other locations. If you access or use the Site or Service from other jurisdictions, you do so at your own liability and you are responsible for compliance with applicable and local law.
If you are a copyright owner and you believe that any content posted on the Site infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act of 1998 (“DMCA”) by providing our Copyright Agent with the following information in writing:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on our Site, such as by providing us the URLs to the content; your address, telephone number, and email address;
- a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and,
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our designated Copyright Agent for notices of claims of copyright infringement can be emailed at firstname.lastname@example.org.
You acknowledge and agree that we and our licensors, suppliers, rights-holders, and other content providers retain ownership of all intellectual property rights of any kind related to the Site and Service, including applicable copyrights, trademarks, and other proprietary rights. We are not granting any license to you under any of those intellectual property rights by virtue of these Terms. You shall not access or use the Site or Service for commercial purpose or for resale. The Site and Service shall not be copied, reproduced, transmitted, broadcast, streamed, displayed, sold, resold, licensed, sublicensed, or otherwise exploited by you. We reserve all rights that are not explicitly granted to you in these Terms. You agree not to circumvent, disable, or otherwise interfere with the Site, Service, or communication to or from us.
Our trademarks, logos, service marks, images, trade names, designs, page headers, button icons, scripts, and other distinctive branding features used in connection with the Site and Service are the trademarks, service marks, trade names, or trade dress of Cycling Citizens, LLC, and may not be copied, screen-scraped, imitated, or used, in whole or in part, without our prior written permission as evidenced in a signed writing.
You agree not to use the Site or Service for illegal, harmful, misleading, fraudulent, or other malicious purposes or to post or submit for posting, disseminate, or communicate any unlawful, defamatory, obscene, lewd, excessively violent, harassing, sexually explicit, or otherwise objectionable subject matter, or for the transmission of material that contains viruses or other malicious code, or that which infringes or may infringe intellectual property or other rights of another. Despite these prohibitions, content communicated by other users may contain inaccurate, inappropriate, offensive, or sexually explicit material, products or services, and we assume no responsibility or liability for this material.
THE SITE, SERVICE, AND ALL INFORMATION, CONTENT, PRODUCTS, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SITE OR SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE MAKE NO UNDERTAKINGS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE ACCURACY, COMPLETENESS, OR OPERATION OF THE SITE OR SERVICE, AND YOUR USE THEREOF, OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SITE OR SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND SERVICE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE OR SERVICE OR PRODUCTS OBTAINED WILL MEET YOUR SPECIFIC REQUIREMENTS OR EXPECTATIONS, OR THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: ERRORS, MISTAKES, OR INACCURACIES RELATING TO THE SITE OR SERVICE OR PRODUCTS; PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE OR SERVICE; OR FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY INFORMATION OR CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SITE OR SERVICE.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, CONTENT, OR SERVICES ADVERTISED OR OFFERED, POSTED, OR LINKED OR INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SITE OR SERVICE, OR FEATURED IN ANY OTHER ADVERTISING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, THEN SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, AND/OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
To the extent permitted by applicable law, you agree to defend, indemnify, and hold us harmless and our owners, officers, directors, members, agents, and employees from all claims, obligations, liability, damages, losses, and costs, including reasonable legal fees, regulatory fines, and expenses, that directly or indirectly result from: (a) your Content, (b) your use of the Site and Service, (c) your violation of these Terms or any laws or regulations, (d) third-party claims that you or someone at your direction did something that, if true, would violate any of these Terms, (e) your violation of any third party right including copyright, property, or privacy right, and (f) a breach of any representations or warranties you’ve made to us.
If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover all reasonable legal fees, expenses, and any damages or other relief we may be awarded. We both acknowledge that a breach of an obligation under these Terms may cause irreparable injury to the other, and that any monetary remedy under applicable law may be an inadequate remedy for such breach. In addition to all other remedies, the aggrieved party may seek injunctive or other equitable relief.
You expressly understand and agree that we and our owners, officers, directors, members, agents, and employees shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Site or Service, (ii) use of any goods, data, information, or products or services purchased or obtained or messages received or transactions entered into through or from the Site or Service, (iii) unauthorized access to or alteration of your transmissions or data, (iv) statements, information, products, or conduct of any third party on the Site and Service, and (v) or any other matter relating to the Site and Service, whether based on warranty, contract, tort, or any other legal theory, and whether or not we have been advised of the possibility of such damages. Your sole and exclusive remedy for any dispute with us related to any of the Site and Service shall be your discontinued access and use of the Site and Service. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
By providing us your email address, you consent to our using the email address to send you Site or Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as updates, user communications, newsletters, changes to features of the Site or Service, or our product offers. If you do not want to receive certain email messages and communications, you may opt out by contacting us at the email address provided below.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
These Terms shall be governed by the laws of the State of Utah, without respect to its conflict of laws principles. Any claim or dispute arising in whole or in part relating to the Site or Service shall be decided exclusively by a court of competent jurisdiction located in Salt Lake County, Utah. These Terms constitute the entire agreement between you and us, and governs your use of the Site and Service, superseding any prior agreements between you and us regarding the subject matter hereof. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms which shall remain in full force and effect. Our failure to exercise or enforce any right or provision of these Terms shall not constitute or be deemed a waiver or continuing waiver of such right or provision or any other provision. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE OR SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
This Privacy Statement ("Statement") applies to the website located at “thechickscompany.com” (“Site”). In this Statement, the terms "we," “The Chicks Company,” and "us" refers to Cycling Citizens, LLC. The term “your device" refers to any computer, tablet, smart phone, or other device you are using to access our Site. The Site is owned and operated by us and may contain links to websites that are owned and operated by other companies. This Statement does not apply to websites and services that are owned and operated by third parties.
THIS SITE IS INTENDED FOR USERS AGE EIGHTEEN (18) AND OLDER. By using the Site, you acknowledge that you are at least 18 years old. The Site is not intended for children and the Site does not knowingly collect personal information from children. If we learn that we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information.
Collection and Use of Personal Information
Information You Give Us: We receive and store any information you enter on our Site or give us in any other way. You provide most such information when you search, buy, post, participate in a survey or questionnaire, register for newsletters, mailing list, or other member groups, or communicate with us. As a result of those actions, you might supply us with your name, email address, mailing or physical address, phone numbers, credit card information, people to whom purchases have been shipped including addresses and phone number, e-mail addresses of your friends and other people, reviews, content for posting, your personal or sports interests, personal description and photograph / video, clothing size, and coffee or taste preferences. Please note that content you submit for posting such as a photo or content for our blog, may be publicly displayed on the Site along with your name, geographic location, and other personal information. We use the information that you provide for such purposes as responding to your requests, customizing future shopping for you, improving our products and Site, and communicating with you.
Information from Other Sources: We might receive information about you from other sources and add it to our account information. Examples of information we receive from other sources include updated delivery and address information from our carriers or other third parties, which we use to correct our records and deliver your next purchase or communication more easily, account information, and purchase/return or redemption information.
We process your personal information to operate, provide, and improve the Site and products and services that we offer our customers. These purposes include:
- Purchase and delivery of products and services. We use your personal information to take and handle orders & returns, deliver products and services, process payments, and communicate with you about orders, products and services, and promotional offers.
- Recommendations and personalization. We use your personal information to recommend features, products, and services that might be of interest to you, and personalize your experience with the Site.
- We use your personal information to display interest-based ads for features, products, and services that might be of interest to you.
- Communicate with you. We use your personal information to communicate with you (via email, phone, chat) in relation to the Site, orders and returns, complaints or requests, and surveys. We use your personal information to process your registration for newsletters, group membership, and use of the Site. You may opt out of marketing emails by using the unsubscribe link provided in the email or by email us at email@example.com.
- Provide, troubleshoot, and improve the Site. We use your personal information to fix errors, provide functionality and performance, and improve usability and effectiveness of the Site.
- Comply with legal obligations. In certain cases, we have a legal obligation to collect and process your personal information. For instance, we collect from resellers information regarding place of establishment, tax id, and other business information for identity verification and other purposes.
- Purposes for which we seek your consent. We may also ask for your consent to process your personal information for a specific purpose that we communicate to you. When you consent to our processing your personal information for a specified purpose, you may withdraw your consent at any time and we will stop processing of your data for that purpose.
We may combine personal information with other information we collect or obtain about you (such as information we source from our third party suppliers) to serve you specifically, such as to deliver a product or service according to your preferences or restrictions, or for advertising or targeting purposes in accordance with this Statement. When we combine personal information with other information in this way, we treat it as personal information and apply the safeguards in this Statement.
We use appropriate and commercially reasonable technical and organisational measures to protect the personal information that we collect and process about you. The measures we use are designed to provide a level of security appropriate to the risk of processing your personal information and may include technical controls such as system access, data separation, and back-up and recovery as well as organisational controls such as staff vetting and staff training. Please note that no data transmission over the Internet, wireless transmission or electronic storage of information can be guaranteed to be 100% secure.
We retain personal information we collect from you where we have an ongoing legitimate business need to do so (for example, to provide you with a service you have requested or to comply with applicable legal, tax, or accounting requirements).
Sharing Personal Information
We share customer information as described below:
Third-Party Service Providers: We work with third parties and service providers to help provide you with our Site, products & services, and advertising relating to products & services, and we may share personal information with them to support these efforts. Examples include fulfilling orders, delivering packages, sending postal mail, e-mail, and newsletters, providing marketing assistance, processing credit card payments, web Site hosting, maintenance, and design, analyzing data, and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes.
Promotional Offers: We may send you promotions relating to products & services, or send promotions on behalf of other businesses. When we send you promotions on behalf of another business, we do not give that business your name and address. If you do not want to receive such offers, please notify us.
Blog: We have a public blog on our Site. Any information you include in a comment or testimonial, or you submit for posting, may be read, collected, and used by anyone visiting the Site. If your personal information appears in our blog and you want it removed, please contact us at firstname.lastname@example.org.
Business Transfers: As we continue to develop our business, we might sell or buy product lines or business units. In the event that we sell the business or substantially all of its assets are acquired, customer information will be one of the transferred business assets.
Cookies and other Tracking Technologies
We and our partners and service providers may use various technologies to collect and store information when you use our Site, and this may include using cookies and similar tracking technologies, such as pixels and web beacons. For example, we use web beacons in the emails we send you. These web beacons track certain behavior such as whether the email sent through the Site was delivered and opened, and whether links within the email were clicked. They also allow us to collect information such as the recipient’s IP address, browser, email client type, and other similar details. We use this information to measure the performance of our email campaigns, and to provide analytics information and enhance the effectiveness of our Site. Reports are also available to us when we send email to you, so we may collect and review that information.
Our servers and offices are located in the United States. If you are located in the European Economic Area (“EEA”), you have certain rights under European law with respect to your personal data, including the right to request access to, correct, amend, delete, object to certain uses of your personal data, or restrict processing. We note that we are generally processing your information in order to fulfill contracts we might have with you (such as when you place an order through the Site), or otherwise to pursue our legitimate business interests listed herein, unless we are required by law to obtain your consent for a particular processing operation. In particular we process your personal data to pursue the following legitimate interests, for ourselves, our suppliers, or other third parties:
- To provide products and services;
- To host our Site;
- To provide communications, marketing, and advertising;
- To provide reporting and analytics;
- To provide troubleshooting, support services, or to answer questions;
- To test out features or additional products and services; and
- To improve our services, applications, and Site.
When we process personal information to pursue these legitimate interests, we do so where we believe the nature of the processing, the information being processed, and the technical and organizational measures employed to protect that information can help mitigate the risks to the data subject.
You may contact us directly at any time about accessing, correcting, updating, or requesting deletion of your personal information by emailing us at email@example.com. We will consider your request in accordance with applicable laws. In addition, if you are an EEA resident, you can object to processing of your personal information, ask us to restrict processing of your personal information, or request portability of the personal information you provided us. You can exercise these rights by emailing us at the above referenced email address. You may opt out of marketing communications we send you at any time by clicking on the “unsubscribe” link in the marketing emails we send you. You may withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent. You also have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority. We respond to requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws. We may ask you to verify your identity in order to help us respond effectively to your request.