Terms of Use & Privacy Policy

Privacy Policy

The Chicks Company a division of CyclingCitizens LLC, and its affiliates, know that you care how information about you is used and shared. By visiting TheChicksCompany.com, you are accepting the practices described in this Privacy Policy.

  • We do not give third parties access to your personal information other than as outlined in this privacy policy.
  • We only send email to you if you have elected to receive it.
  • If we determine that any account with us is being used for the purpose of sending spam or engaging in malicious activities, we will take action to shut it down as soon as possible.

Other than as stated herein, we will never give any information about you to others without your express permission. Our site uses forms in which you give us contact information (like your name, address, phone number, and email address) so you can create an account, place orders, request information, etc. We may share specific information with business partners or contractors when the information is needed to fulfill your request for a product or service. We also use your contact information when it will be important for us to contact you regarding functionality changes to our products, our website, new services and special offers we think you’ll find valuable, and provide customer service.

We use information gathered about you from our site statistics via log files provided by third party tracking partners (for example your IP address) to help diagnose problems with our server, and to administer our website. We also gather broad demographic information from this data to help us improve our site and your experience. This information collection is not linked to any personally identifiable information. Our site uses cookies to keep track of your session information and to provide you with customized information. We do link the information we store in cookies to personally identifiable information you submit while on our site.

We may use both session ID cookies and persistent cookies. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided by your internet browser (ex: Mozilla Firefox or Internet Explorer).

We also may use cookies to store your username if you request to remember your username during login. That information will be used to pre-fill the login form at a later time. If you are referred to our website through an ad or a partner, we will store the referral information in the cookies.

At times we employ other companies and individuals to perform activities on our behalf. Some examples include delivering packages, fulfilling orders, analyzing data, processing credit card payments, providing marketing assistance, and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes.

Please contact us if you have any comments, complaints, or questions regarding this information.

Updated: May 20, 2018

 

 Terms of Use

 

  1. Your Acceptance
  2. By using or visiting The Chicks Company website or by using any products, software, information/data, and/or services made available to you on, from, or through either website (collectively, the "Service"), you agree to these Terms of Use and Privacy Policy incorporated by reference herein. If you do not agree to any of these Terms or the Privacy Policy, then please do not use the Service.
  3. Although we may attempt to notify you when major changes are made to these Terms of Use, you should periodically review the most current Terms of Use. Cycling Citizens, LLC (“CC”) may, in its sole discretion, modify or revise these Terms of Use and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.
  4. Service
  5. Subject to your compliance with these Terms of Use, CC grants you a limited license to access and make personal use of the Service and not to download (other than page caching) or to modify it or any portion of it, except with the express written consent of CC. This license does not include any resale or commercial use of the CC website or its contents; any derivative use of the CC website or its contents; or any downloading or copying of pictures, videos, or intellectual property or proprietary marks. Unless specified otherwise by CC in a separate license, your right to use any software, information/data, documentation, CC website contents, or other materials that you access or download through the CC website is subject to these Terms of Use. All rights not expressly granted to you in these Terms of Use are reserved and retained by CC or its licensors, suppliers, rights-holders, or other content providers. The CC website and Service, including any portion thereof, may not be copied, reproduced, transmitted, broadcast, streamed, displayed, sold, resold, licensed, sublicensed, visited, or otherwise exploited for any commercial purpose without the express written consent of CC. You agree not to circumvent, disable, or otherwise interfere with the Service or communication with or from CC. You may not use CC’s name, trade names, trademarks, logos, or other proprietary information (including images, page layout, text, or form) of CC without the express written consent of CC. The licenses granted by CC terminate if you do not comply with these Terms of Use.
  6. All content included in the Service, such as images, logos, videos, graphics, text, and software, is the property of CC or its content suppliers, and is protected by U.S. and international copyright laws. “Cycling Citizens,” “Cycling Chicks,” "The Chicks Company" and other CC logos, graphics, trademarks, and service names are trademarks of CC.
  7. The Service may contain links to third party websites that are not owned or controlled by CC. CC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, CC will not and cannot censor or edit the content of any third party site. By using the Service, you expressly relieve CC from any and all liability arising from your use of any third party website.
  8. Accordingly, we encourage you to be aware when you leave the Service and we encourage you to read the terms and conditions and privacy policy of each other website that you visit.
  9. Content and Communication
  10. You shall be solely responsible for the content you submit to, and the communication you enter into with, CC (“Content”). You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to disclose and/or publish content you submit; and you license to CC all patent, trademark, trade secret, copyright, and/or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Use.
  11. For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to CC, you hereby grant CC a worldwide, non-exclusive, royalty-free, fully paid up, perpetual, sublicenseable, and transferable license to use, reproduce, distribute, prepare derivative works of, adapt, translate, publish, display, and perform the Content in connection with the Service and CC's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user/visitor of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display, and perform such content as permitted through the functionality of the Service and under these Terms of Use. You understand and agree that CC may retain, but not display, distribute, or perform, server copies of your Content that have been cached, removed, deleted, or archived.
  12. You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and you grant to CC all of the license rights granted in Section 3B.
  13. CC does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and CC expressly disclaims any and all liability in connection with the Content and material. CC does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and CC will remove all Content and material if properly notified that such Content infringes on another's intellectual property rights. CC reserves the right to remove Content without prior notice.
  14. When you use the Service, or send email to CC, you are communicating electronically and you consent to receive communications from CC electronically. CC will communicate with you by email or by posting notices on or through the Service. You agree that all agreements, notices, disclosures, and other communications that CC provides you electronically satisfy any legal requirements that such communication be in writing.
  15. Copyright Complaints

 

  1. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
    • A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
    • Identification of the copyrighted work claimed to have been infringed;
    • Identification of where the material that is claimed to be infringing is located on the website;
    • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
    • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

CC's designated Copyright Agent dedicated to receive notifications of claimed infringement can be reached at email: pedaling@cyclingcitizens.com.  You acknowledge that if you fail to comply with all of the requirements of this Section 4A, your DMCA notice may not be valid.

 

  1. Warranty Disclaimer

THE SERVICE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE ARE PROVIDED BY CC ON AN “AS IS” AND “AS AVAILABLE” BASIS UNLESS SPECIFIED OTHERWISE IN WRITING.  TO THE FULL EXTENT PERMISSION BY APPLICABLE LAW, CC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE ACCURACY, COMPLETENESS, AND/OR OPERATION OF THE SERVICE, AND YOUR USE THEREOF, OR IN CONNECTION WITH ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE UNLESS SPECIFIED OTHERWISE IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CC DISCLAIMS 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. CC DOES NOT WARRANT THAT THE SERVICE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR OTHER SERVICES INCLUDED ON OR MADE AVAILABLE THROUGH THE SERVICE, OR COMMUNICATIONS SENT FROM CC, ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. CC ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES RELATING TO THE SERVICE, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICE, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICS BY ANY THIRD PARTY, AND/OR (V) 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 VIA THE SERVICE. CC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, CONTENT, OR SERVICES ADVERTISED OR OFFERED, POSTED, OR HYPERLINKED ON THE SERVICE OR FEATURED IN ANY BANNER OR 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.

  1. Limitation of Liability

IN NO EVENT SHALL CC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND/OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, AND/OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM THE ACCURACY, COMPLETENESS, AND/OR OPERATION OF THE SERVICE, AND YOUR USE THEREOF, OR IN CONNECTION WITH ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE UNLESS SPECIFIED OTHERWISE IN WRITING, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

The Service is controlled and offered by CC from its facilities in the United States of America. CC makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

  1. Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless CC, its parent corporation, officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; and/or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Service.

  1. Ability to Accept Terms of Use

You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13. The Service does not sell products for purchase by children. If you are under 18 years of age, then you may only use the Service with the involvement of a legal parent or guardian.

  1. Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by CC without restriction.

  1. General

You agree that the Service shall be deemed solely based in Utah. These Terms of Use shall be governed by the substantive laws of the State of Utah, without respect to its conflict of laws principles. Any claim or dispute between you and CC that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Salt Lake County, Utah. These Terms of Use, together with the Privacy Policy and any other legal notices published by CC on the Service, shall constitute the entire agreement between you and CC concerning the Service. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use which shall remain in full force and effect. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision, and CC's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. CC reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Service following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND CC AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

 

Updated: May 20, 2018