Overview
Elf Cycle Warehouse LLC is the owner and operator of this website. Elf Cycle Warehouse LLC is referred to as “we,” “us,” and “our” throughout the site. Elf Cycle Warehouse LLC provides you, the user, with this website, as well as any information, tools, and services available through this site, conditioned on your acceptance of all of the terms, conditions, policies, and notices indicated here.
You agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including such other terms and conditions and policies linked herein and/or available by hyperlink, by visiting our site and/or purchasing something from us. These Terms of Service apply to all site users, including but not limited to browsers, vendors, consumers, merchants, and/or content contributors.
Before accessing or using our website, please read these Terms of Service carefully. You agree to be bound by these Terms of Service by accessing or using any element of the site.
You may not visit the website or use any services if you do not agree to all of the terms and conditions of this agreement. Acceptance is solely restricted to these Terms of Service if these Terms of Service are considered an offer.
The Terms of Service will apply to any new features or tools that are added to the current shop. On this page, you can examine the most recent version of the Terms of Service at any time. By making updates and/or changes to our website, we retain the right to update, amend, or replace any portion of these Terms of Service. It is your duty to check this page for updates on a regular basis.
Following the publishing of such modifications, your continued use of or access to the website implies acceptance of those changes.
Big Commerce Inc. hosts our online store. They provide us with an online e-commerce platform via which we may sell our goods and services to you.
Section 1: Online Store Terms
You signify that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and have given us your agreement to allow any of your minor dependents to use this site, by agreeing to these Terms of Service.
You may not use our products for any illegal or unauthorized purpose, and you may not break any laws in your jurisdiction by using the Service (including but not limited to copyright laws).
You must not send any worms, viruses, or any other disruptive programming.
Any breach or violation of the Terms will result in your Services being immediately terminated.
Section 2: General Terms
We have the right, at any moment, to refuse service to anybody for any reason.
You acknowledge that your content (except credit card information) may be transmitted in an unencrypted format and that it may include (a) transmissions across different networks; and (b) modifications to conform and adapt to technical requirements of connected networks or devices. Whenever credit card information is sent over the internet, it is always encrypted.
Without our express written consent, you undertake not to replicate, duplicate, copy, sell, resell or exploit any component of the Service, use of the Service, or access to the Service or any contact on the website through which the service is given.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Section 3: Information Accuracy, Completeness, and Timeliness
We are not liable if the information on this site is not accurate, complete, or up to date. The content on this site is provided for informational purposes only and should not be relied upon or used as the sole basis for making decisions without contacting primary, more accurate, complete, or timely sources of information. Any reliance on this site’s content is entirely at your own risk.
This site might have some historical information about it. Historical material is, by definition, out of date and is given solely for your convenience. We reserve the right to make changes to the material of this site at any time, but we are under no obligation to do so.
You agree that it is your responsibility to monitor changes to our site.
Section 4: Modification to the Service and Prices
Our product prices are subject to change at any time.
We retain the right to change or cancel the Service (or any element or content of it) at any time and without notice.
Any modification, pricing change, suspension, or discontinuance of the Service will not be liable to you or any third party.
Section 5: Products or Services (If Applicable)
Certain products or services may only be available online via the website. These products or services may be in limited supply and are only returnable or exchangeable in accordance with our Return Policy.
We have made every attempt to display the colors and images of our products that show in the store as precisely as possible. We cannot guarantee that the color seen on your computer monitor is correct.
We reserve the right, but not the obligation, to limit our product or service sales to any individual, geographic location, or jurisdiction. On a case-by-case basis, we may exercise this power. We retain the right to limit the number of products or services that we offer. All product descriptions and pricing are subject to change at any time without notice, at our sole discretion. At any time, we have the right to discontinue any product. Any offer made on this site for a product or service is invalid where prohibited.
We don’t promise that the quality of any items, services, information, or other material you buy or get from us will match your expectations, or that any flaws in the Service will be fixed.
Section 6: Accuracy of Billing and Account Information
Any order you place with us is subject to our discretion. We reserve the right to limit or cancel quantities purchased per person, per household, or per order at any time. Orders placed by or under the same customer account, the same payment card, and/or orders that use the same billing and/or shipping address may be subject to these restrictions. We may seek to tell you if we make a change to or cancel an order by contacting the e-mail address and/or billing address/phone number supplied at the time the purchase was placed.
We have the right to limit or reject orders that appear to be placed by dealers, resellers, or distributors in our sole discretion.
For any purchases made at our store, you agree to provide current, complete, and accurate purchase and account information. You agree to keep your account and other information up to date, including your email address, credit card numbers, and expiration dates so that we can process transactions and contact you as needed.
Please see our Returns Policy for more information.
Section 7: Optional Tools
We may give you access to third-party tools over which we have no control or input, and which we do not monitor.
You understand and agree that we provide access to such tools “as is” and “as available,” with no warranties, representations, or terms of any kind and no endorsement. We will not be liable for any damages resulting from or related to your use of optional third-party tools.
You should check that you are familiar with and approve of the conditions under which tools are given by the relevant third-party provider before using any optional tools offered through the site (s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Section 8: Third-Party Links
Third-party materials may be included in some of the content, goods, and services offered through our Service.
This site’s third-party links may take you to websites that are not linked with us. We are not responsible for inspecting or analyzing the content or accuracy of third-party materials or websites, or for any other materials, products, or services provided by third-parties, and we do not warrant and will not have any duty or obligation for them.
We are not responsible for any losses or damages incurred as a result of the purchase or usage of goods, services, resources, content, or any other transactions conducted through third-party websites.
Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Section 9: User Comments, Feedback, and Other Submissions
If you send us specific submissions (for example, contest entries) or if you send us creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may edit, copy, publish, distribute, translate, and otherwise use any comments you send us in any medium at any time without restriction. We are not obligated, and will not be obligated, to (1) keep any comments confidential; (2) compensate any remarks; or (3) react to any comments.
We may monitor, edit, or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms of Service, but we have no obligation to do so.
You promise that your comments will not infringe on anybody else’s rights, including copyright, trademarks, privacy, personality, or any other personal or proprietary right. You further agree that your comments will not contain any defamatory, illegal, abusive, or obscene material, nor will they contain any computer virus or other malware that could harm the Service or any connected website. You may not impersonate someone else, use a false e-mail address, or otherwise mislead us or third parties as to the origin of any remarks. Any comments you make, as well as their correctness, are solely your responsibility. We accept no responsibility or liability for any remarks made by you or any third party.
Section 10: Personal Information
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
Section 11: Errors, Inaccuracies, and Omissions
On rare occasions, information on our site or in the Service may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times, or availability. If any information in the Service or on any connected website is inaccurate, we have the right to remedy any mistakes, inaccuracies, or omissions, and to change or update information or cancel orders at any time without prior notice (including after you have submitted your order).
Except as required by law, we make no commitment to update, revise, or clarify anything in the Service or on any related website, including, without limitation, price information. There is no specific update or refresh date applied in the Service or on any associated website to indicate that all information in the Service or on any related website has been edited or updated.
Section 12: Prohibited Uses
You are banned from using the site or its content, in addition to other restrictions set forth in the Terms of Service: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe on or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, disparage, intimidate, or threaten others; (g) to upload or transmit viruses or any other type of malicious code that will or may be used to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet; (h) to collect or track the personal information of others; I to spam, phish, pharm, pretext, spider, crawl, or scrape; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet; or For breaching any of the prohibited uses, we retain the right to suspend your usage of the Service or any connected website.
Section 13: Disclaimer of Warranties; Limitation of Liability
We do not promise, represent, or assure that your use of our service will be error-free, speedy, secure, or uninterrupted.
We make no representations or warranties as to the accuracy or reliability of any results received via the use of the service.
You accept that we may suspend the service for an extended amount of time or cancel it at any moment, with or without notice to you.
You expressly acknowledge that your use of the service, or inability to utilize it, is at your own risk. Except as expressly stated by us, the service and all products and services delivered to you through the service are provided “as is” and “as available” for your use, with no representations, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
Elf Cycle Warehouse LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors are not liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, whether based including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of the possibility of such losses or damages. Because certain states or countries do not allow the exclusion or limitation of responsibility for consequential or incidental damages, our liability will be limited to the maximum extent permissible by law in those states or jurisdictions.
Section 14: Idemnification
You agree to indemnify, defend, and hold Elf Cycle Warehouse LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party due to
Section 15: Severability
If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision shall be enforced to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service; however, such determination shall have no bearing on the validity and enforceability of the remaining provisions.
Section 16: Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Section 17: Entire Agreement
We will not be deemed to have waived any right or provision of these Terms of Service if we fail to exert or enforce such right or provision.
These Terms of Service, as well as any policies or operating rules posted by us on this site or in relation to The Service, represent the entire agreement and understanding between you and us, and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, or proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Section 18: Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States.
Section 19: Changes to Terms of Service
At any time, you can examine the most recent version of the Terms of Service on this page.
By making updates and changes to our website, we reserve the right, at our sole discretion, to update, amend, or replace any portion of these Terms of Service. It is your duty to check our website for updates on a regular basis. Following the publishing of any changes to these Terms of Service, your continued use of or access to our website or the Service represents acceptance of those changes.
Section 20: Contact Information
Questions about the Terms of Service should be sent to us at info@elfcyclewarehouse.com