Terms of Service

Ownership and Restrictions on Use of Web Site Materials: The entire content of this Site, including but not limited to text, graphics and/or code, is owned by or licensed to a company (referred to herein as “we“ or “us“) within the schwinnbalance group of companies. We reserve the right to make changes to the Site content at any time without notice, including with respect to products, specifications, models and colors. You may download, view, and print text and graphics from this Site, if such content is only used for informational, non-commercial purposes, and is not changed or modified in any way. Unless expressly provided herein, you may not download, use, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any information or content from this Site in whole or in part without our prior written permission.

Trademarks: All trademarks displayed on the Site are owned by or licensed to us, and none of these marks, names or logos may be used without the prior written permission of their owner.

Links. Links provided within the Site may allow you to connect to other websites and services that are not under our control. We do not endorse and are not responsible for the content of such websites and/or services. You access such websites and use such services at your own risk.

Errors and Inaccuracies. The Site may contain errors, inaccuracies or omissions related to product descriptions, pricing, promotions, offers, availability and other information. If any information is inaccurate, incomplete or out of date, we reserve the right to correct, change or update such information or to cancel orders related to such information (including after you have submitted an order) without prior notice and issue a refund for amounts paid. We cannot guarantee that your computer’s display of color or other product features is accurate. Please note that weights may vary, due to many variables, such as frame size, components included or excluded as well as running changes to component specifications. We urge you to weigh the bikes or frames you are considering, at your retailer, with identical or comparable equipment. There is no industry standard as to how a bicycle should be weighed.

Submissions. We do not seek or accept unsolicited ideas. By submitting any material to us through any of the Site, you expressly grant us and our affiliates a royalty-free, non-exclusive, fully transferable, assignable and sublicensable right and license to use, reproduce, modify, display, transmit, adapt, publish, translate, create derivative works from and distribute such material, throughout the world and in perpetuity, in all media now known or hereafter devised and for all lawful business purposes. You also acknowledge and agree that if and to the extent the material submitted by you identifies you by name, likeness, voice or otherwise (“your identification”), the foregoing license granted by you will automatically be deemed to cover and extend to our use of your identification in connection with our use of the material submitted by you.

Indemnity, Disclaimers and Limits on Liability

Indemnity.
You agree to indemnify, defend, and hold us harmless as well as our affiliated companies and authorized retailers and their respective affiliates, officers, directors, shareholders, employees, contractors, licensors, licensees, agents, and representatives (the “Covered Entities”) against all liability, claims, costs, damages, settlements, and expenses (including interest, penalties, attorney fees and expert witness fees) (“Liabilities”) incurred by any Covered Entity in any way arising out of or relating to your breach of these Terms. We reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and if we assume defense and control, you agree to cooperate with our defense of an applicable claim. You agree not to settle any indemnified claims without our prior written consent. We will use reasonable efforts to inform you of any indemnified matter.

Disclaimers
To the maximum extent permitted by law, THE COVERED ENTITIES MAKE NO WARRANTY OF ANY KIND ABOUT the SITE, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND NON INFRINGEMENT. THE SITE IS PROVIDED AS IS, with all faults, AND AS AVAILABLE. THE COVERED ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING THOSE MENTIONED ABOVE.

THE COVERED ENTITIES ARE NOT RESPONSIBLE FOR ANY CONTENT PROVIDED BY A THIRD PARTY OR BY YOU OR ANYTHING ACCESSED VIA ANY LINKS TO THIRD PARTY WEBSITES, SERVICES, OR SOFTWARE. THE COVERED ENTITIES UNDERTAKE NO OBLIGATION TO ENFORCE THEIR POLICIES OR RIGHTS AGAINST ANY THIRD PARTY. YOU BEAR ALL RISKS ASSOCIATED WITH USING THIRD PARTY LINKS, WEBSITES, ETC. THE COVERED PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR THE CONDUCT OF ANY USER OF THE SITE.

Limitations on Liability
THE COVERED ENTITIES SHALL NOT BE LIABLE FOR (A) CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, Statutory Damages or penalties, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF BUSINESS INFORMATION), EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF these types of DAMAGES, OR (B) LOSS OF OR DAMAGE TO REPUTATION arising in connection with, out of, or as a result of (i) these Terms or the site, and (ii) any acts or omissions of any of the covered entities in connection with these terms or the site.

Exceptions to Disclaimers and Exclusions of Damages.
IF YOU LIVE IN A JURISDICTION THAT DOES NOT ALLOW DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, THE FOREGOING DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU.