Terms & Conditions

Terms & Conditions
TERMS AND CONDITIONS
These Terms of Use, including any policies, rules and other terms that are
expressly incorporated herein by reference (collectively, these “Terms”), set forth
a legally binding agreement between you (“you” or “your”) and LIFTED Cycle,
LLC (“LIFTED Cycle,” “we,” “us,” or “our”). These Terms govern your use of our
website located at http://www.LIFTEDCycle.com (the “Site”), and any content,
information, products or services made available on or through the Site
(collectively, the “Services”). Please read these Terms carefully before using the
Site or any of the Services.
ARBITRATION NOTICE: SECTION 24 (DISPUTE RESOLUTION) OF THESE
TERMS CONTAINS A MUTUAL ARBITRATION AGREEMENT AND CLASS
ACTION WAIVER THAT WAIVES YOUR RIGHT TO A COURT HEARING AND
JURY TRIAL. YOU AGREE THAT ANY AND ALL DISPUTES BETWEEN YOU
AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND
YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT
OR CLASS-WIDE ARBITRATION. PLEASE READ SECTION 24 (DISPUTE
RESOLUTION) CAREFULLY.
ACCEPTANCE OF TERMS
By accessing or using the Site or the Services, or by clicking to accept these
Terms when this option is made available to you, you accept and agree to be
bound by these Terms. In addition to these Terms, your access to and use of
certain portions or aspects of the Site, or your ability to access and/or use certain
Services, may require you to accept additional terms and conditions, including,
without limitation, LIFTED Cycle standard membership policies and any
applicable membership agreement(s) and/or waiver(s) for your applicable
studio(s) (collectively, “Additional Terms”). The Additional Terms are hereby
incorporated and made a part of these. Terms by this reference.
THESE TERMS GOVERN YOUR ACCESS TO AND USE OF THE SITE AND THE
SERVICES. BY USING THE SITE AND/OR ANY OF THE SERVICES, YOU
EXPRESSLY AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT
AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SITE OR THE
SERVICES.
AGE REQUIREMENTS
You must be at least the age of majority in your state of residence, and fully able
and competent to enter into and abide by the terms and conditions of these
Terms, in order to access and use the Site and the Services. Individuals under the
age of majority are not eligible to use the Site or the Services and may not submit
any personal information to us. You acknowledge and agree that your ability to
access and/or use certain Services may require a minimum age that is higher
than the applicable age of majority. By accessing or using the Site and/or the
Services, or by clicking to accept these Terms when this option is made available
to you, you represent and warrant that you are at least the age of majority in your
state of residence, are legally entitled to enter into these Terms, are legally able
to enter into any and all purchase agreements with us and our partners, vendors,
agents and service providers, and have the right, authority and capacity to enter
into and abide by the terms and conditions of these Terms.
MODIFICATION TO THESE TERMS
We may amend or modify these Terms at any time. We will e-mail you or post a
notification on the Site in the event of any material changes to these Terms. Such
changes, whether in the form of modifications, additions or deletions, shall be
effective when specified in the relevant notification or, if the change is immaterial,
immediately upon appearing on the Site. Please check these Terms periodically
for changes. Your continued use of the Site and/or the Services following our
posting of any changes to these Terms means that you accept and agree to those
changes.
PRIVACY POLICY
Your personal information and privacy are important to us. Our Privacy Policy
governs the processing of all personal data collected from you in connection with
your use of the Site and/or the Services. The Privacy Policy and its terms and
provisions are hereby incorporated and made a part of these Terms by this
reference. You must agree to the Privacy Policy in order to use the Site and/or the
Services.
ACCESSIBILITY
LIFTED Cycle is committed to helping those with disabilities access the Site
and/or Services. We strive to provide an excellent online experience for all our
guests – including those with sight, hearing and other disabilities. If you have
difficulty using or accessing any element of the Site or the Services or if you have
any feedback regarding accessibility of the Site or the Services, please feel free
to contact us at admin@LIFTEDCycle.com.
MOBILE SERVICES
Certain of the Services are available via a mobile device. To the extent you
access the Services through a mobile device, your wireless service carrier’s
standard charges, data rates and other fees may apply. In addition, downloading,
installing or using certain Services, may be prohibited or restricted by your carrier,
and not all Services may work with all carriers or devices. You agree that we may
communicate with you by SMS, MMS, text message or other electronic means to
your mobile device.
You agree to receive automated marketing calls or texts (e.g., marketing,
promotions, discounts, offers for products and/or services, etc.) from or on behalf
of LIFTED Cycle at the phone number(s) you have provided to LIFTED Cycle.
Such consent is not a condition of purchasing products or services from us. You
acknowledge that message frequency varies and that message and data rates
may apply. You further acknowledge that certain of such calls or texts may be
artificial and/or pre-recorded. You may opt out at any time by following the
applicable instructions provided in such calls or texts.
ACCOUNT ACCESS INFORMATION
In the event you are required to create an account to access any part of the Site
and/or Services, you must treat your account information (including, without
limitation, your username, password and any other piece of information required
as part of our security procedures) as confidential, and you must not disclose the
foregoing to any other person or entity. You also acknowledge that your account is
personal to you and agree not to provide any other person or entity with access to
the Site and/or Services or portions of it using your username, password or other
security information. You agree to notify us immediately of any unauthorized
access to or use of your username or password or any other breach of security.
You agree to be responsible for any use of the Site and/or Services or portions of
it using your username, password or other security information. We have the right
to disable any username, password or other identifier, whether chosen by you or
provided by us, at any time, if you have violated any provision of these Terms.
SUBSCRIPTION MEMBERSHIPS
You can find a description of our membership offering(s) (“Membership”) in the
Site. All Memberships are subject to LIFTED Cycle standard membership policies
and your applicable membership agreement(s) with your studio. You may
purchase a Membership in the Site by paying a membership fee in advance on a
monthly basis or another interval that we disclose to you in advance (each, an
“Interval”). Once your initial Membership payment is processed, and effective as
of that date (the “Membership Start Date”), your Membership shall immediately
commence and shall continue to be effective for an initial period of one (1)
Interval following your Membership Start Date (the “Initial Membership
Period”). YOUR MEMBERSHIP AUTOMATICALLY RENEWS FOR ADDITIONAL,
SUCCESSIVE ONE (1) INTERVAL PERIODS (E.G., SHALL CONTINUE ON A
MONTH-TO-MONTH BASIS) (EACH, A “RENEWAL MEMBERSHIP PERIOD”),
AND AT THE BEGINNING OF EACH INTERVAL WE WILL AUTOMATICALLY
BILL THE MEMBERSHIP FEES FOR SUCH INTERVAL TO YOUR PAYMENT
METHOD, UNTIL YOUR MEMBERSHIP IS CANCELLED OR TERMINATED.
During the Initial Membership Period or any Renewal Membership Period, you
may cancel your Membership at any time, provided that you shall not be entitled
to nor receive a refund of any kind or for any amount. If you cancel your
Membership at any time during your Initial Membership Period or during a
Renewal Membership Period, you shall continue to retain access to the applicable
Membership for the remainder of the then-current Initial Membership Period or
Renewal Membership Period. To cancel your Membership, please (i) visit your
account page on the Site, (ii) see LIFTED Cycle standard membership policies or
your applicable membership agreement(s) for further information, or (iii) contact
us at admin@LIFTEDCycle.com.
You will be charged the rate stated at the time of purchase (plus applicable taxes)
at the beginning of each billing period of your Membership via the payment
method that you have provided. You are solely responsible for ensuring that your
billing and payment information is correct to prevent your Membership from being
cancelled. If your payment method cannot be charged for any reason (such as
expiration or insufficient funds), and you have not cancelled your Membership,
you remain responsible for any uncollected amounts, and we will attempt to
charge the payment method as you may update your payment method
information. This may result in a change to the start of your next Membership
period and may change the date on which you are billed for each period. In
addition, we reserve the right to cancel your Membership if your payment method
cannot be successfully charged.
Prices and terms for Memberships may change at any time. The prices and terms
in effect as of the Membership Start Date or the date your Membership last
renewed (as applicable) shall remain in effect for the duration of the applicable
Initial Membership Period or Renewal Membership Period (as the case may be),
provided that new or modified prices and terms may apply to renewals or new
Memberships. We will provide you with reasonable notice of any updates or
changes in prices or terms before they become effective. If you do not want to
renew your Membership under such new or modified prices or terms, you may
cancel your Membership as described herein.
RESTRICTIONS ON USE
Solely for Personal Use
You may use the Site, the Services and all associated content solely for your
personal use and enjoyment. The Site, the Services, or any portion thereof may
not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited
for any commercial purpose without our express written consent.
Accuracy of Information as Condition to Site Access
To access parts of the Site or the Services, you may be asked to provide certain,
sometimes personal, information. It is a condition of your use of the Site or the
Services that all the information you provide on the Site or the Services is correct,
current and complete.
Restrictions
When accessing or using the Site or the Services you may not:
 Use any device, software or routine to interfere with the proper functioning
of the Site;
 Transmit any unlawful, threatening, abusive, libelous, defamatory,
discriminatory, obscene, vulgar, pornographic (including, but not limited to,
child pornography), profane, obscene, lewd, lascivious, filthy, vile or
indecent information of any kind, including images and language;
 Transmit any message that constitutes, encourages or incites conduct that
would constitute a criminal offense or give rise to civil liability;
 Transmit or solicit any information, software or other material that violates
or infringes upon the rights of others, including material that is an invasion
of privacy or publicity rights; is protected by copyright, trademark, or other
intellectual property or proprietary rights; or is a derivative work with
respect thereto, without first obtaining permission from the owner or right
holder;
 Transmit any information, software or other material that contains a virus,
Trojan horse, time bomb, worm or other rogue programming or other
harmful component;
 Use any software, tool, data, device or other mechanism to navigate or
search the Site, other than generally available browsers or a search engine
provided by us;
 Use spiders, robots, data mining techniques or other automated devices or
programs to catalog, download or otherwise reproduce, store or distribute
any information or content available on the Site;
 Frame or utilize framing techniques to enclose any aspect of the Site,
including any trademark, logo or other proprietary information (including,
but not limited to, images, text, page layout or form) without our express
written consent;
 Use any metatags or any other “hidden text” utilizing our name or
trademarks without our express written consent;
 Violate or attempt to violate any security features of the Site (it being
acknowledged that any violation of system or network security may subject
you to civil and/or criminal liability);
 Violate security features that prevent or restrict use or copying of any
content or enforce limitations on use of the services or the content on the
Site, including, without limitation, by use of any manual or automated
software, devices, scripts bots, crawlers, spiders, data miners, scraping or
other automatic access tools;
 Access content or data not intended for you or logging onto a server that
you are not authorized to access;
 Attempt to probe, scan or test the vulnerability of the Site, or any
associated system or network, or to breach security or authentication
measures without proper authorization;
 Interfere or attempt to interfere with service to any visitor, host or network,
including, without limitation, by means of submitting a virus to the Site,
overloading, “flooding,” “spamming,” “mail bombing” or “crashing;”
 Use the Site to send unsolicited e-mail, promotions, “junk mail,” “spam,”
“chain letters,” “pyramid schemes” or advertisements;
 Forge any TCP/IP packet header or any part of the header information in
any e-mail or in any posting; or
 Attempt to modify, reverse-engineer, decompile, disassemble or otherwise
reduce or attempt to reduce to a human-perceivable form any of the source
code used by us in providing the Site.
USER COVENANTS
By accessing or using the Site and/or the Services, you agree to, acknowledge,
and represent as follows:
 You will comply with all applicable federal, state or local laws, rules and
regulations in using the Site and/or the Services, and you will not perform
or fail to perform any act that you know or reasonably should know would
place us or our affiliates in violation of any applicable law, rule or
regulation.
 You have the authority and capacity, under the laws of the state or
jurisdiction in which you reside, to make the representations and warranties
and be bound by the covenants provided herein.
COPYRIGHTS, TRADEMARKS AND OTHER PROPRIETARY RIGHTS
When accessing and using the Site and/or the Services, you agree to obey all
applicable laws and to respect the intellectual property rights of others. You agree
that you shall be solely responsible for any violations of any relevant laws and for
any infringement of third-party rights caused by any User Content (as defined
below) that you provide or transmit to us.
As between you and us, all content on the Site and the Services, including text,
hidden text within our source code, trademarks, software, photos, video, images,
graphics, music, audio-visual content, podcasts, recordings, sound or any other
digital media, is owned by us and/or our licensors and is subject to protection by
patent, copyright, trademark or other intellectual property or proprietary rights. In
addition, the entire content of the Site is copyrighted as a collective work under
the United States copyright laws, and we own the copyright in the selection,
coordination, arrangement and enhancement of such content. Any feedback,
suggestions or ideas you provide to us relating to the Site and/or the Services
shall be deemed to be non-confidential and we shall be free to use such
feedback, suggestions or ideas on a royalty-free, perpetual, irrevocable,
worldwide, transferable, unrestricted basis.
All trademarks, trade names, trade dress, logos and service marks (collectively,
the “Trademarks”) appearing on the Site and/or the Services are the property of
their respective owners, including, in some instances, us and/or our partner
companies. Nothing contained on the Site, the Services or these Terms serves to
grant you, by implication or otherwise, a license or right to use any of the
Trademarks or copyrights owned by us or by any third party.
Except as expressly provided herein, you may not use, modify, create derivative
works of, copy, redistribute, reproduce, publish, transmit, display, commercialize,
or in any other way exploit any content or material from the Site or the Services
without express written permission from us and, if applicable, the respective
copyright owner. You acknowledge and agree that you do not acquire any
ownership rights by accessing or using the Site and/or the Services.
USER CONTENT
You are, and shall remain, solely responsible for the content of any materials,
including, without limitation, User Generated Social Media Content (as defined
below), materials, submissions, artwork, logos, service marks, trademarks,
images, text, ideas, notes, drawings, photographs, graphics, messages, concepts,
or other information or communications (collectively, “User Content”) you send,
provide, upload, post or transmit to us via the Site, the Services, the Internet, e-
mail or otherwise. We welcome our customers to share photos and videos of their
LIFTED Cycle experiences, products and/or services online, including on social
media websites, social media applications, and social sharing websites. You may
grant us permission to use, share and/or re-post your photos, videos, reviews or
other content (collectively, “User Generated Social Media Content”) by tagging
or mentioning LIFTED Cycle with such User Generated Social Media Content.
You hereby grant to us and our affiliates, the royalty-free, perpetual, irrevocable,
worldwide, transferable, non-exclusive right and license to use, reproduce,
modify, adapt, publish, share, re-post, translate, create derivate works of, and
display User Content, without payment, royalties, or other consideration to you, in
connection with (i) the operation of the Site, (ii) providing you the Services, and
(iii) for our business purposes, including, without limitation, promotion, advertising
or marketing of LIFTED Cycle, in any form, medium or technology now known or
later developed. By granting us permission to use your User Generated Social
Media Content you also hereby grant us permission to use and authorize others
to use your name and/or social media handle in association with your User
Generated Social Media Content for identification, publicity related to LIFTED
Cycle and the Services, and similar promotional purposes. While our general
policy is to credit User Generated Social Media Content to their respective
copyright holders, image/content credit is not guaranteed. Subject to existing
laws, you hereby waive any moral rights that you may have in any User Content.
In addition, you release the LIFTED Cycle Parties (as defined below) from all
claims, demands, actions, or suits in connection with your User Content or User
Generated Social Media Content, including any liability related to the LIFTED
Cycle Parties’ use or non-use of your User Content or User Generated Social
Media Content, claims for defamation, invasion of privacy, right of publicity,
emotional distress or economic loss.
You represent and warrant that you are the owner of or have the right to license
User Content and that your User Content does not and will not infringe,
misappropriate or violate the intellectual property or other proprietary rights of any
third party. You must not send, upload, post or transmit to us any User Content to
which you do not hold the necessary rights or which violate or infringe upon the
intellectual property or other proprietary rights of others. In addition, your User
Content may not: (a) contain any personally identifiable information, including
contact information for you or any person; (b) bully, threaten, abuse, harass,
degrade or mock, or contain, depict or promote any threats to, any person, place,
property, business or group; (c) contain, depict or promote any libelous,
defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd or
otherwise inappropriate content; (d) contain or depict any symbols, words or slurs
that are widely considered offensive to individuals of a certain race, gender,
ethnicity, religion, sexual orientation or socioeconomic group; (e) contain, depict
or promote any unreasonably dangerous or reckless behavior or activity,
including, without limitation, violence, abuse, cruelty to animals, use of illegal
drugs, excessive or inappropriate use of alcohol or legal drugs or any conduct
that constitutes a criminal offense or gives rise to civil liability; (f) share or
transmit unsolicited advertising, spam or junk or bulk messages; or (g) involve
impersonation of any other individual or misrepresentation of your professional or
other affiliation with any other person or entity.
You acknowledge that LIFTED Cycle and its affiliates shall have the right (but not
the obligation) in their sole discretion to remove any User Content that violates
these Terms or may otherwise be objectionable. You further acknowledge and
agree that we may preserve User Content and may also disclose User Content if
required to do so by law or if there is certain belief that such preservation or
disclosure is reasonably necessary to: (A) comply with legal process; (B) enforce
these Terms; (C) respond to claims that the pilates User Content violates the
rights of third-parties; or (D) protect the rights, property, or personal safety of
LIFTED Cycle, its users and the public. We advise that you keep a copy of all
User Content uploaded to the Site and/or Services. We maintain no guarantee
that User Content uploaded into the Site and/or Services will be available in the
future and are not liable for loss of User Content under any circumstance.
MONITORING; COPYRIGHT COMPLAINTS
You agree that we have the right, but not the obligation, to monitor, suspend,
terminate, edit, disclose, refuse to post, or remove at any time, for any reason in
our sole discretion, any material, content and/or activity anywhere on the Site or
the Services, including, without limitation, any User Content. In the event you post
or provide content in violation of these Terms or to which you do not have
adequate rights, we may suspend or terminate your access to or use of the Site or
the Services. Notwithstanding this right, we do not and cannot review all materials
submitted to the Site or the Services. If notified, we will investigate an allegation
that content transmitted to us is in violation of these Terms and determine
whether to have the communication removed. However, we assume no
responsibility or liability arising from or relating to any actions or content
transmitted by or between you or any third party within or outside of the Site or
the Services, including, but not limited to, any error, defamation, libel, slander,
omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy
contained therein.
Digital Millennium Copyright Act
We may, in appropriate circumstances, terminate the access of users who infringe
or otherwise violate the rights of others. While we reserve the right to terminate
the access of users who infringe or otherwise violate the rights of others in our
sole discretion, if you are a Repeat Offender (as defined below), your access to
the Site or the Services will be suspended or terminated. “Repeat Offender” shall
mean any user of the Site or the Services against whom we receive three (3) or
more Infringement Notifications (as defined below).
If you believe that your work has been copied and is accessible on the Site or
Services in a way that constitutes copyright infringement, you may notify us
(each, an “Infringement Notification”) by providing the following information (as
required by the Online Copyright Infringement Liability Limitation Act of the Digital
Millennium Copyright Act (“DMCA”), 17 U.S.C. sec. 512):
 A physical or electronic signature of the person authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed; identification of
the copyrighted work claimed to have been infringed, or if multiple
copyrighted works at the Site are covered by a single notification, a
representative list of such works at the Site;
 Identification of the material that is claimed to be infringing or to be the
subject of infringing activity and that is to be removed or access to which is
to be disabled, and information reasonably sufficient to permit us to locate
the material;
 Information reasonably sufficient to permit us to contact you, such as an
address, telephone number, and if available, an e-mail address;
 A statement that you have a good faith belief that use of the material in the
manner complained of is not authorized by you, your 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.
Please send the written communication to our copyright agent by e-mail and by
U.S. Mail to:
LIFTED Cycle, LLC, 12951 Shelbyville Road, Unit 101, Louisville, KY 40243
REVIEWS
We may provide specific opportunities for you to tell us and other users what you
think about our products or other services made available on our Site
(“Reviews”). If you take elect to provide a Review, you understand and agree that
you shall state your opinions lawfully, honestly and in good faith and reveal to
others any conflict of interest or relationship that might influence your views, if
applicable. You hereby grant to us and our affiliates, the royalty-free, perpetual,
irrevocable, worldwide, transferable, non-exclusive right and license to use,
reproduce, modify, adapt, publish, share, re-post, translate, create derivative
works of, and display your Reviews, without payment, royalties, or other
consideration to you, in connection with (i) the operation of the Site, and (ii) for
our business purposes, including, without limitation, promotion, advertising or
marketing of LIFTED Cycle, in any form, medium or technology now known or
later developed (including, without limitation, on any of our social media
accounts). All Reviews are strictly the opinion of the user posting such Review,
and we do not endorse or approve any such Reviews, nor do we have any
responsibility or liability for the accuracy, appropriateness or content of such
Reviews.
THIRD-PARTY SITES; LINKING AND FRAMING
We may provide links and pointers to websites, goods and/or services
maintained, owned or controlled by others (“Third-Party Sites”) that are not
affiliated with us and may be located in different countries and that may subject to
different regulatory and other legal requirements. We have not reviewed all of the
Third-Party Sites linked to the Site or the Services and are not responsible for the
content or services offered on such Third-Party Sites, including, but not limited to,
any advertising, order processing and fulfilment, or payment terms related to such
Third-Party Sites. Access to Third-Party Sites through the Site or the Services
does not constitute an endorsement by us or any of our subsidiaries or affiliates
of any such Third-Party Sites, or the content or services offered by them. We
have no responsibility or liability for these Third-Party Sites’ independent policies
or actions and are not responsible for the privacy practices of such Third-Party
Sites or retailers. Complaints, claims, concerns or questions regarding Third-
Party Sites should be directed to the applicable third party.
If we provide links to social media platforms, such as Facebook, TikTok,
Instagram or Twitter, and you choose to visit any such social media platforms
through our links, please note that the personal information you post, transmit or
otherwise make available on or through such social media platforms may be
viewed by the general public. We do not control any content or information made
available on such social media platforms and we are not responsible for any third-
party use of any such content or information, including, without limitation,
personally identifiable information, that you have posted, transmitted or otherwise
made available on such social media platforms.
You shall not mirror or frame the Site or Services or any part thereof. You shall
not link to the Site or Services on any other site, service or product which, as
determined by LIFTED Cycle in its sole discretion, (i) publishes, contains,
broadcasts or promotes libelous, abusive, offensive, harassing, violent,
inflammatory, threatening, defamatory, obscene, indecent, sexually explicit,
pornographic or otherwise objectionable materials, (ii) promotes discrimination on
the basis of race, sex, religion, nationality, disability, sexual orientation or age, or
(iii) publishes, contains, broadcasts or promotes materials that could give rise to
any civil or criminal liability under U.S. or international law. You also shall not link
to the Site or Services in such a way as to suggest any form of association,
approval or endorsement on LIFTED Cycle or its affiliates’ part. If we notify you of
a violation of this paragraph, you shall immediately take down the link to the Site
or Services.
UPDATES
We will not be liable if, for any reason, all or part of the Site or the Services is
ever unavailable. We reserve the right at any time and from time to time to modify
or discontinue, temporarily or permanently, the Site or the Services, or any part
thereof, with or without notice. We undertake no obligation to update, amend or
clarify information on the Site or the Services, except as required by law. No
specified update or refresh date applied on the Site should be taken to indicate
that all information on the Site or the Services has been modified or updated.
Please remember when reviewing information on the Site or the Services that
such information may not represent the complete information available on a
subject. In addition, subsequent events or changes in circumstances may cause
existing information on the Site or the Services to become inaccurate or
incomplete.
On occasion, information on the Site or the Services may contain errors. We
reserve the right to, at any time without prior notice, correct any errors,
inaccuracies, or omissions, and to change or update information.
PURCHASES
Products, Prices and Promotions
Products offered on the Site are offered subject to availability. All products should
be used strictly in accordance with any applicable instructions, precautions and
guidelines. All prices, discounts and promotions posted on the Site are subject to
change without notice to the extent permitted by applicable law. We may, from
time to time, offer promotions or other discounts on product purchases. We
reserve the right to suspend any such promotions, update product information and
change prices at any time without notice. Furthermore, we reserve the right to
change, limit, refuse or cancel any order you place with us at our sole discretion.
If we change or cancel an order, we will attempt to notify you by contacting the e-
mail and/or billing address and/or phone number provided at the time the order
was made.
We strive to display accurate price information; however, we may, on occasion,
make inadvertent typographical errors, inaccuracies, or omissions related to
pricing and availability. We reserve the right to correct any errors, inaccuracies, or
omissions at any time, and to cancel any orders arising from such occurrences.
Coupons/Discount Codes
Use is limited to one (1) time per coupon and/or discount code per customer and
subject to the terms and conditions of the applicable coupon and/or discount
code. Discounts will be applied at checkout. Online offers have no cash value and
are not redeemable for cash. Coupons and discount codes are not valid on
previous purchases or when combined with other promotional offers.
Payment Terms
Terms of payment are within our sole discretion and, unless otherwise agreed by
us in writing, payment must be received by us before our acceptance of an order.
By entering into any transaction on the Site, you represent, warrant and covenant
that all information you provide is true, correct and complete (including, without
limitation, your credit card information and billing address); that any credit card
transactions submitted by you are authorized; that charges incurred by you will be
honored by your credit card company; that you will pay charges incurred by you at
the posted prices, including shipping and handling charges and all applicable
taxes, if any, regardless of the amount quoted on the Site at the time of your
order; and that you are the legal holder of any credit card or payment account
used to enter into any transaction on the Site. If, in our sole discretion, we
determine that: (i) your means of payment is not valid, (ii) a transaction is not
authorized, (iii) your means of payment cannot be processed or verified at the
time of any charge, (iv) a charge is disputed for any reason other than failure by
us to deliver the item(s) purchased by you, (v) you have abused or misused
promotions or promotion codes, as applicable, or (vi) you have otherwise used the
Site to enter into an improper transaction, we reserve the right to immediately
terminate any pending transactions, suspend your access to the Site, and
terminate all of our obligations hereunder.
Payment Processing
By agreeing to these Terms, you consent that the payment processing services
for products purchased on the Site are provided by a third-party payment
processer.
Shipments; Delivery
To the extent applicable, we will arrange for shipment of the products to you. Risk
of loss passes to you upon delivery of the products to the carrier. You will pay all
shipping and handling charges specified during the ordering process. Shipping
and delivery dates are estimates only and cannot be guaranteed. We are not
liable for any delays in shipments.
Returns and Exchanges
With respect to the products offered via the Site, please see the Site for any
applicable return policy (it being acknowledged that certain products may not be
eligible for returns). If a product is eligible for returns, unless otherwise specified
on the Site, our policy is to accept returns of products within thirty (30) days
following placement of order and refund your purchase price, less the original
shipping and handling costs and less the shipping and handling costs for such
return, so long as such return is made with valid proof of purchase and original
packing slip and provided such products are returned in unused and unopened
condition. Unless otherwise specified on the Site, to return products, you must
first email us at admin@LIFTED Cycle.com including your order number in the
subject line in order to initiate the return and to receive instructions for such
return. You are responsible for all shipping and handling charges on returned
items unless otherwise specified. If you feel that you did not receive your
purchased product and you have been charged, please contact us at
admin@LIFTEDCycle.com.
Resale of Products
The Site sells products to retail consumers only. You shall not use the Site to
purchase products for re-sale or export. We reserve the right to immediately bar
access to the Site and terminate the account of any user who violates this
provision.
Questions
If you have any questions or concerns with your order, please e-mail us at
admin@LIFTEDCycle.com.
DISCLAIMER OF WARRANTIES
THE SITE AND/OR THE SERVICES MAY PROVIDE YOU WITH CERTAIN
INFORMATION, INCLUDING, WITHOUT LIMITATION, TUTORIALS, WORKOUTS
OR RECOMMENDATIONS. ALL SUCH INFORMATION IS PROVIDED FOR
GENERAL INFORMATION PURPOSES ONLY AND DOES NOT CONSTITUTE
MEDICAL OR OTHER PROFESSIONAL ADVICE OR AN OPINION OF ANY
KIND. THE SITE AND THE SERVICES DO NOT PROVIDE OR REPLACE ANY
MEDICAL PROFESSIONAL OR MEDICAL RESOURCE. YOU SHOULD
CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PRACTITIONER
BEFORE STARTING ANY EXERCISE PROGRAM. THIS IS PARTICULARLY
TRUE IF YOU OR YOUR FAMILY HAVE A HISTORY OF HIGH BLOOD
PRESSURE OR HEART DISEASE, OR IF YOU HAVE EVER EXPERIENCED
DISCOMFORT WHILE EXERCISING. NEVER DISREGARD PROFESSIONAL
MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU
HAVE READ ON THE SITE AND/OR THE SERVICES. FURTHER, ALL SUCH
INFORMATION MADE AVAILABLE THROUGH THE SITE AND/OR THE
SERVICES IS PROVIDED ON AN “AS IS” AND “AS
AVAILABLE” BASIS AND YOU HEREBY EXPRESSLY ACKNOWLEDGE AND
AGREE THAT ANY USE OF, OR RELIANCE ON, SUCH INFORMATION IS AT
YOUR SOLE RISK.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE
SITE AND THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY
PRODUCTS AND/OR SERVICES OFFERED VIA THE SITE) IS AT YOUR SOLE
RISK. THE SITE AND THE SERVICES (INCLUDING, WITHOUT LIMITATION,
ANY PRODUCTS AND/OR SERVICES OFFERED VIA THE SITE) ARE
PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY
DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-
INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SITE OR THE
SERVICES (INCLUDING, WITHOUT LIMITATION, ANY PRODUCTS AND/OR
SERVICES OFFERED VIA THE SITE) WILL MEET YOUR REQUIREMENTS OR
WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-
FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SITE OR THE SERVICES WILL BE ACCURATE OR RELIABLE, THAT THE
QUALITY OF ANY INFORMATION OR MATERIALS OBTAINED BY YOU
THROUGH THE SITE OR THE SERVICES WILL MEET YOUR EXPECTATIONS,
AND THAT ANY ERRORS IN THE SITE OR THE SERVICES WILL BE
CORRECTED. YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION
WITH THE SITE OR THE SERVICES IS TO STOP USING THE SITE OR THE
SERVICES, AS APPLICABLE. THE FOREGOING LIMITATION OF RELIEF IS AN
ESSENTIAL PART OF THE BARGAIN BETWEEN YOU AND US UNDER THESE
TERMS. PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW
LIMITATIONS ON THE LENGTH OR SCOPE OF AN IMPLIED WARRANTY, SO
THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO
EVENT SHALL LIFTED CYCLE AND/OR AFFILIATES, SERVICE PROVIDERS,
CONTENT PROVIDERS, EQUITY HOLDERS, EMPLOYEES,
REPRESENTATIVES, AGENTS, OFFICERS, DIRECTORS, MANAGERS,
SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “LIFTED CYCLE
PARTIES”) BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE,
ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER 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 OR SUCH
DAMAGES ARE REASONABLY FORESEEABLE), RESULTING FROM (I) THE
USE OR THE INABILITY TO USE THE SITE OR THE SERVICES (INCLUDING,
WITHOUT LIMITATION, ANY PRODUCTS AND/OR SERVICES OFFERED VIA
THE SITE); (II) ANY ACT OR OMISSION BY YOU THAT IS BASED (IN WHOLE
OR IN PART) ON ANY INFORMATION, STATEMENT OR CONTENT THAT IS
PROVIDED OR OTHERWISE MADE AVAILABLE TO YOU BY OR THROUGH
THE SITE OR THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR OTHER DATA; OR (IV)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE AND/OR
SERVICES. IN NO EVENT SHALL THE COLLECTIVE LIABILITY OF THE LIFTED
Cycle PARTIES TO YOU, FOR ANY AND ALL DAMAGES, LOSSES, AND
CAUSES OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE,
EXCEED, IN THE AGGREGATE, ONE HUNDRED U.S. DOLLARS ($100). SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES AND/OR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, IN CERTAIN JURISDICTIONS,
SOME OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU;
ALL OTHER PROVISIONS OF THESE TERMS REMAIN IN FULL FORCE AND
EFFECT.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless LIFTED Cycle Parties from
and against any and all claims, allegations, demands, actions, causes of action,
lawsuits, investigations and proceedings (including any and all liability, damages,
costs, expenses (including reasonable attorneys’ fees), settlements, fines,
penalties and losses of any kind or nature whatsoever resulting from any of the
foregoing) arising out of or in connection with: (i) your violation or breach of these
Terms; (ii) your use of the Site and/or the Services (including, without limitation,
any products and/or services offered via the Site); (iii) your dispute with another
user; (iv) your violation of any rights of any third party; (v) any claim related to
your User Content; or (vi) your violation of applicable law. This indemnification
obligation will continue after you stop using the Site and/or the Services. We
reserve the right to assume the exclusive defense and control of any claim and
matter otherwise subject to indemnification by you at your expense, and you shall
not in any event settle or otherwise dispose of any matter without our prior written
consent.
FORCE MAJEURE
We will not be liable or responsible to you, nor be deemed to have defaulted or
breached these Terms, for any failure or delay in our performance under these
Terms when and to the extent such failure or delay is caused by or results from
acts or circumstances beyond our reasonable control, including, without limitation,
acts of God, flood, fire, earthquake, explosion, governmental actions, changes in
law, war, invasion or hostilities (whether war is declared or not), terrorist threats
or acts, riot or other civil unrest, national emergency, revolution, insurrection,
epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not
relating to our workforce), cyberattacks, denial of service attacks, restraints or
delays affecting carriers, inability to obtain or delay in obtaining adequate or
suitable supplies, breakdown of materials or telecommunications, or power
outage.
CONSENT TO ELECTRONIC COMMUNICATIONS; NOTICES
You agree that we or our authorized agents may provide you in electronic form
any information or other communications regarding our Services. These
communications may be provided through our Site, e-mail, text message or
another website. When you visit our Site, use the Services, or communicate with
us electronically, you consent to receive communications from us electronically.
We may send you responses or notices by e-mail, posting to the Site, or written
communication sent by U.S. Postal Service. You agree that all agreements,
notices, disclosures, and other communications that we provide to you
electronically satisfy any legal requirement that such communications be in
writing.
GOVERNING LAW
These Terms and your use of the Site and/or the Services shall be governed by
and construed for both substantive and procedural purposes in accordance with
the laws of the Commonwealth of Kentucky, U.S.A., without giving effect to any
principles of any choice or conflict of law provision or rule that would cause the
laws of any jurisdiction other than those of the Commonwealth of Kentucky to
apply.
DISPUTE RESOLUTION
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY
PROVIDE THAT ANY AND ALL DISPUTES BETWEEN YOU AND US WILL BE
RESOLVED BY BINDING, INDIVIDUAL ARBITRATION.
Timing of Claims
Any cause of action or claim you may have with respect to the Site and/or the
Services must be commenced within one (1) year after the claim or cause of
action arises.
Arbitration and Venue
You agree that any dispute relating in any way to your use of the Site and/or the
Services shall be submitted to confidential arbitration in Orange County,
California, except that, to the extent you have in any manner violated or
threatened to violate our intellectual property rights, we may seek injunctive or
other appropriate relief in any state or federal court, and you consent to
jurisdiction and venue in such courts.
If you elect to seek arbitration, you must first send to us, by certified mail, a
written notice of your claim (each, a “Notice”). Your Notice must be addressed to:
LIFTED Cycle at 12951 Shelbyville Road, Unit 101, Louisville, KY 40243. If we
initiate arbitration, we will send a Notice to you in accordance with these Terms. A
Notice, whether sent by you or by us, must (i) describe the nature and basis of
the claim or dispute; and (ii) set forth the specific relief sought. If we and you do
not reach an agreement to resolve the claim within thirty (30) days after the
applicable Notice is received, you or we may commence an arbitration
proceeding.
Arbitration under these Terms shall be conducted by the American Arbitration
Association under the rules then prevailing of the American Arbitration
Association in accordance with its Commercial Arbitration Rules and before a
single arbitrator. Ultimately, the selected arbitrator must have expertise in the
subject matter of the dispute. The expenses of the arbitration charged by the
arbitrator shall be borne by the non-prevailing party or otherwise as appropriately
allocated between the parties to the arbitration by the arbitrator in his or her
discretion. However, in every other regard, each party shall pay for and bear its
own costs and legal fees, costs, and expenses. The arbitration shall be completed
within one hundred twenty (120) days of either giving notice or filing a demand to
arbitrate with the American Arbitration Association (whichever shall first occur).
Final Arbitration
The arbitrator’s award shall be binding and may be entered as a judgment in any
court of competent jurisdiction. The testimony, evidence, ruling and all
documentation regarding any arbitration shall be considered confidential
information. Neither party may use, disclose or divulge any such information
unless otherwise required by law.
Class Action Waiver
To the fullest extent permitted by applicable law, no arbitration under these Terms
shall be joined to an arbitration involving any other party subject to these Terms,
whether through class arbitration proceedings or otherwise. You agree to an
arbitration on an individual basis. IN ANY DISPUTE, NEITHER YOU NOR WE
WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST
OTHER USERS IN COURT OR IN ARBITRATION OR OTHERWISE
PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS
MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral
tribunal may not consolidate more than one (1) person’s claims, and may not
otherwise preside over any form of a representative or class proceeding. The
arbitral tribunal has no power to consider the enforceability of this class
arbitration waiver and any challenge to the class arbitration waiver may only be
raised in a court of competent jurisdiction.
MISCELLANEOUS
The division of these Terms into sections and the headings of the various sections
in these Terms are for convenience of reference only and shall not affect the
construction or interpretation of these Terms. You acknowledge and agree that
any principle of construction or rule of law that provides that an agreement shall
be construed against the drafter of the agreement in the event of any
inconsistency or ambiguity in such agreement shall not apply to these Terms. Our
failure to insist upon or enforce strict performance of any provision of these Terms
shall not be construed as a waiver of any provision or right. Neither the course of
conduct between the parties nor trade practice shall act to modify any of these
Terms. We may assign our rights and duties under these Terms to any party at
any time without notice to you and without your express consent. You will not
assign any of your rights or delegate any of your obligations under these Terms
without our prior written consent. Any purported assignment or delegation in
violation of this Section is null and void. No assignment or delegation relieves you
of any of your obligations under these Terms. Except with respect to LIFTED
Cycle, LLC, there shall be no third-party beneficiaries to these Terms. Any
provision of these Terms that contemplates performance or observance
subsequent to any expiration or termination of these Terms, or which is otherwise
necessary to interpret the respective rights and obligations of the parties
hereunder, shall survive any expiration or termination of these Terms and
continue in full force and effect. If any provision of these Terms shall be held
unlawful, void, or for any reason unenforceable, then that provision shall be
deemed severable from these Terms and shall not affect the validity and
enforceability of any remaining provisions. These Terms, together with our Privacy
Policy, and all other documents incorporated herein by reference, constitute the
entire agreement between the parties pertaining to the subject matter hereof and
supersede any agreements previously existing between the parties with respect to
such subject matter.
U.S. USE ONLY
The Site, and the content, services, products and incentives we may provide from
time to time on and through the Site are intended to comply with U.S. state and
federal laws and regulations. We make no representation that any of the materials
or the services to which you have been given access are available or appropriate
for use in other locations. Those who access or use the Site from other
jurisdictions do so at their own volition and are responsible for compliance with
local law. If you are a non-U.S.-based user, be advised that other countries may
have laws or regulatory requirements that differ from those in the U.S. Some
jurisdictions do not allow the exclusion of certain warranties or the limitation or
exclusion of liability for incidental or consequential damages. Accordingly, in
certain jurisdictions, some of the above limitations of liability may not apply to
you; all other provisions of these Terms remain in full force and effect.
QUESTIONS
If you have any questions or comments regarding these Terms, our Privacy Policy,
the Site, or the Services, please feel free to contact us by e-mail at
admin@LIFTEDCycle.com.