Introduction
These Terms and Conditions (“Terms”) govern the access or use by you, an individual, from within the United States and its territories and possessions of the products, services, and associated software of Issi® Pedals, Bike Pedals, Clipless Pedals, Thump Pedal ( “Issi”) made available in the United States and its territories and possessions.
Please read these Terms carefully before accessing or using Issi’s website located at issipedals.shop (the “Site”), our mobile application (the “Mobile App”), or our products and services (collectively, the “Services”). These Terms do not alter in any way the terms or conditions of any other agreement you may have with Issi for products, services or otherwise. If you do not agree to these Terms, you are not granted permission to access or otherwise use the Site, Mobile App, or Services and you must not access or use the Site, Mobile App, or Services.
1. Parties; Use
These Terms constitute a legally binding agreement between Issi and you. Issi may modify these Terms at any time without notice to you by posting revised Terms on the Site. By using the Site, Mobile App, or Services, you affirm that you have read, understand and agree to be bound by these Terms as modified from time to time. If at any time you do not agree to these Terms, you must immediately cease all use of the Site, Mobile App and Services.
You may use the Site, Mobile App and Services only in compliance with these Terms and applicable law, including any applicable export and re-export control laws and regulations.
The Site, Mobile App, and Services are not intended for users under the age of 18.
2. Privacy Policy & Issi Account Registration
By accessing the Site, Mobile App or Services, you agree to the Issi Privacy Policy, which describes how your personal information will be collected, used and shared with third parties.
To access some features of the Site or Services, you must register an account on the Site (“Issi Account”). When you register an Issi Account, you agree to provide accurate and complete information about yourself, and to promptly update such information if it changes. You are solely responsible for maintaining the confidentiality of your Issi Account username and password, and for any activities or actions that occur under your Issi Account.
3. Products & Services Offered by Issi
Issi offers various products and services through the Site, Mobile App and Services that enable you to purchase and customize Issi bike pedals and accessories. All descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on the Site, Mobile App or Services are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate.
The inclusion of any products or services on our Site or App at a particular time does not imply or warrant that these products or services will be available at any time.
4. Mobile App
We may make available software to access the Services via a mobile device (the “Mobile App”). To use the Mobile App you must have a mobile device that is compatible with the Mobile App. We do not warrant that the Mobile App will be compatible with your mobile device. You may use mobile data in connection with the Mobile App and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. We hereby grant you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile App for one Issi Account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile App, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile App to any third party or use the Mobile App to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile App; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile App, features that prevent or restrict use or copying of any content accessible through the Mobile App, or features that enforce limitations on use of the Mobile App; or (v) delete the copyright and other proprietary rights notices on the Mobile App. You acknowledge that we may from time to time issue upgraded versions of the Mobile App, and may automatically electronically upgrade the version of the Mobile App that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of these Terms will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile App is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile App or any copy thereof, and we or our third party partners retain all right, title, and interest in and to the Mobile App (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms, is void. We reserve all rights not expressly granted under these Terms. The Mobile App originates in the United States and is subject to United States export laws and regulations. The Mobile App may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile App may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile App and the Services.
5. Orders; Payment
You represent and warrant that any information you provide to Issi about yourself upon placing an order is accurate and complete. When you place an order for a product or service through the Services, you agree to pay the prices displayed at the time you submit your order as well as any applicable sales or similar taxes, shipping, handling and processing fees. Issi may charge your selected payment method, including any cards stored in your Issi Account, for order amounts. You are responsible for ensuring the selected payment method has sufficient funds or credit to cover the purchase amount.
Issi attempts to be as accurate as possible with product images and descriptions, however actual colors and products may vary.
6. Account Security
You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use “strong” passwords with your account (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You agree to notify us immediately of any unauthorized access to or use of your Issi username or password or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with the above requirements.
7. Communications with Issi
By providing your email address and phone number to Issi, you expressly consent to receive emails and phone calls from Issi, including for promotional purposes.
8. User Content
“User Content” means any and all information and content that you submit to, or post or display on, the Services. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined below). You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Issi. Because you alone are responsible for your User Content, you may expose yourself to liability if you post or share User Content without the necessary rights or permissions. Issi is not obligated to backup or store your User Content, and your User Content may be deleted or altered at any time without notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
By posting User Content to the Services, you automatically grant Issi a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content in whole or in part, in any media or medium.
9. Acceptable Use Policy
The following terms constitute Issi’s “Acceptable Use Policy”:
- You agree not to use the Services to collect, upload, transmit, display, or distribute any User Content that: (i) violates any third-party right or intellectual property, or any intellectual property right of Issi; (ii) is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (iii) is harmful to minors; (iv) commits or encourages conduct that would constitute a criminal offense, or gives rise to civil liability; or (v) violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other proprietary right.
- You agree not to interfere or disrupt networks connected to the Services or attempt to gain unauthorized access to the Services, including attempting to circumvent any content filtering techniques we employ, or impose unreasonable or disproportionately large demands on our infrastructure.
- You agree not to access the Site, Mobile App or Services using automated means (such as harvesting bots, robots, spiders or scrapers) without our prior written permission.
- You agree not to use the Services to transmit any worms, viruses, spyware, malware or other code or files that may harm, disrupt or compromise the normal operation or security of the Services or any system.
- You agree not to cover, obscure, block, or interfere with any advertisements and/or safety features (e.g., report abuse button) on the Services.
- You agree not to use the Services to violate any law or the legal rights of others, or to gather or collect any personal data, including personally identifiable information about users of our Services, without their express consent.
Issi reserves the right, in its sole discretion, to terminate or suspend your access to all or part of the Services with or without notice for any actual or suspected violation of this Acceptable Use Policy or any applicable laws.
10. Third Party Content & Links
Issi may provide third party content on the Site and links to web pages, mobile applications and content of third parties (collectively “Third Party Content”) as a service to those interested in this information. We do not control, endorse, sponsor or adopt Third Party Content and make no representations or warranties of any kind regarding Third Party Content, including, without limitation, regarding its accuracy or completeness. Your use of Third Party Content is at your own risk and you should make any investigation you feel necessary before proceeding with any transaction with any third party.
11. Issi’s Intellectual Property
Issi alone owns all rights, title and interest, including all copyright, trademark, patent, trade secrets and other intellectual property rights, in the Services and all content on the Site or Mobile App, excluding User Content. Issi hereby grants you a limited, revocable, non-sublicensable license to access and make personal use of the Site and Mobile App. However, such license does not include any right to: (a) frame or utilize framing techniques to enclose any Issi trademark, logo, or other proprietary information (including images, text, page layout, or form); (b) use any meta tags or any other “hidden text” using Issi’s name or trademarks; (c) make any unauthorized commercial use of the Site or Mobile App, (d) modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any portion of the Site or Mobile App; (e) collect any information about users, including usernames and passwords, from the Site or Mobile App; (f) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” scrape or in any way gather content from the Site or Mobile App; or (g) store and/or use any Issi content outside of your personal, non-commercial use of the Site or Mobile App.
12. Termination; Modification
Issi reserves the right in its sole discretion, for any reason or no reason, and without notice or liability to you, to change, improve or correct the Services and to alter, suspend or discontinue any aspect of the Services, including your access. Issi may also impose limits on the Services or restrict your access to all or portions of the Services without notice or liability.
Issi reserves the right to terminate your use of the Services at any time, immediately and without notice, if you breach these Terms. Upon any such termination, you will no longer have access to data, messages, files, or other material you keep or store through the Services.
13. Disclaimer of Warranties
YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR SOLE RISK. ANY SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, ISSI DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT HOST THE SERVICES ARE FREE OF VIRUSES OR HARMFUL CONDITIONS OR COMPONENTS. ISSI MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING USE, OR THE RESULTS OF USE, OF THE SERVICES WITH RESPECT TO CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. ISSI HAS NO LIABILITY FOR ANY INFORMATION CREATED OR TRANSMITTED BY YOU OVER THE SERVICES. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM ISSI, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTEE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
14. Limitation on Liability
ISSI WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES, WHETHER OR NOT ISSI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ISSI’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE TOTAL OF ANY AMOUNTS PAID TO ISSI HEREUNDER IN THE 1 MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THE CLAIM FIRST AROSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
15. Indemnification
You agree to indemnify and hold Issi, its officers, directors, shareholders, predecessors, successors, affiliates, agents, employees, and partners harmless from any demand, claim, action, damage (actual and consequential), loss, liability, cost and expense (including attorneys’ fees) arising out of or related to your use of the Services, violation of these Terms, violation of any rights of any other person or entity, or any breach of the representations and warranties made by you herein.
16. Governing Law; Arbitration
You agree that any claim or dispute related to these Terms or the Services will be resolved by confidential, binding arbitration. All arbitrations under these Terms shall be conducted by the Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”) and as modified by these Terms. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at www.jamsadr.com or 1-800-352-5267. Arbitration hearings will be held in Nashville, Tennessee. A single arbitrator will be appointed pursuant to the JAMS Rules. The arbitrator will apply Tennessee law consistent with the Federal Arbitration Act and applicable statutes of limitations, and will honor claims of privilege recognized at law. In the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Issi will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation. You are responsible for all other costs that you incur in connection with pursuing your claim or dispute in arbitration. The arbitrator may award any individualized relief permitted under applicable law. Judgment upon the arbitrator’s award may be entered in any court having jurisdiction thereof. Except as may be required by law or as necessary to confirm or enforce an award in arbitration, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of all parties. Any demand for arbitration must be filed within ONE (1) YEAR after the claim or cause of action arose or the claim shall be forever barred.
17. Miscellaneous
You may not assign these Terms without Issi’s prior written consent. Issi may assign these Terms at any time without notice to you. Any attempted assignment or delegation in violation of this section will be null and void. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties and their permitted successors and assigns. If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in force. Issi’s failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. You agree that any cause of action arising out of or related to the Services must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred. Section titles in these Terms are for convenience only and have no legal or contractual effect.
18. Contact Us
If you have any questions about these Terms or otherwise need to contact Issi for any reason, you can reach us at [email protected].
