Terms & Conditions

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Terms & Conditions

Updated October 1, 2021

By using PedalPal, you agree to the following terms and conditions.

Overview

This website is operated by Elvtn, LLC. Throughout the site, the terms “we”, “us” and “our” refer to Elvtn, LLC. Elvtn, LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.

This website is not affiliated with, nor endorsed by, Peloton Interactive, Inc.

y visiting our site and/or purchasing services from us, you engage in our “Service" and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service and our Privacy Policy hyperlinked below. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services provided therein. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand and agree that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms of Service.

Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Modifications to the Service and Prices

Prices for our service are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Third Party Services

Certain content, products and services available via our Service may include materials from third parties. This site may be hyperlinked to other sites which are not maintained by, or related to, Elvtn, LLC. Hyperlinks to such sites are provided as a service to users and are not sponsored by or affiliated with this site or Elvtn, LLC. Elvtn, LLC has not reviewed any or all of such sites and is not responsible for the content of those sites. Elvtn, LLC is not responsible for webcasting or any other form of transmission received from any hyperlinked site. Hyperlinks are to be accessed at the user’s own risk, and Elvtn, LLC makes no representations or warranties about the content, completeness, or accuracy of these hyperlinks or the sites hyperlinked to this site. Elvtn, LLC provides hyperlinks as a convenience, and the inclusion fo any hyperlink to a third party site does not necessarily imply endorsement by Elvtn, LLC or that site or any association with its operators.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party websites. Please review carefully the third party’s, terms and conditions, 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.

By logging in to this service with third party credentials, you are agreeing to let us access your data on that third party. We will continue to access your data until you request us to stop, or such time that the third party stops allowing us access to your data.

Refunds & Cancellations

No refunds shall be issued under any circumstance, including, but not limited to, downtime of service, loss of access to third party services, or general requests to end service.

You may request cancellation of service at any time. We agree to remove all of your data at your request, and cease accessing any authorized third party services on your behalf.

User Submitted Content and Comments, Prohibited Uses

If, at our request, you send certain specific submissions (for example, contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence, (2) to pay compensation for any comments, or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

This website may contain forums, bulletin board services, chat areas, message boards, news groups, communities, personal web pages, calendars, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, “Communications Services”). You agree to use the Communication Services only to post, send and receive messages and content that are proper and related to the particular Communication Service.

Among other actions, when using a Communication Service, you agree that you will not post, send, submit, publish, or transmit in connection with this site any material that: i) you do not have the right to post, including proprietary material of any third party, such as files containing software or other material protected by intellectual property laws (or by rights of privacy or publicity); ii) advocates illegal activity or discusses an intent to commit an illegal act; iii) is vulgar, obscene, pornographic, or indecent; iv) does not pertain directly to this site; v) threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive; vi) seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; vii) harvests or otherwise collects information about others, including email addresses, without their consent; viii) violates any law or may be considered to violate any law; ix) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content; x) falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissible uploaded; xi) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site; xii) solicits funds, advertisers or sponsors; xiii) includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications; xiv) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site; xv) includes MP3 format files; xvi) amounts to a “pyramid” or other like scheme, including contests, chain letters, and surveys; xvii) disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of this site or any networks connected to this site; or xviii) contains hyperlinks to other sites that contain content that falls within the descriptions set forth above.

Elvtn, LLC reserves the right to monitor use of this site to determine compliance with these Terms of Use, as well as the right to remove or refuse any information for any reason. Elvtn, LLC reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Elvtn, LLC also reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion. Materials uploaded to a Communication Service may be subject to posted limits on use, reproduction and/or dissemination and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials.

Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Elvtn, LLC nor any third party that provides content to Elvtn, LLC will assume or have any liability for any action or inaction by Elvtn, LLC or such third party with respect to any submission. Elvtn, LLC cautions you against giving out any personally identifying information about yourself or your children in any Communication Service. Elvtn, LLC does not control or endorse the content, messages or information found in any Communication Service and, consequently, Elvtn, LLC specifically disclaims any liability with respect to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Elvtn, LLC spokespersons, and their views do not necessarily reflect those of Elvtn, LLC.

Privacy Policy

Your submission of personal information through the store is governed by our Privacy Policy.

Errors, Omissions, and Inaccuracies

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice.

We undertake no obligation to update, amend or clarify information in the Service on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the service or on any related website has been modified or updated.

Security

You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Elvtn, LLC reserves the right to release your details to system administrators at other sites to assist them in resolving security incidents. Elvtn, LLC reserves the right to investigate suspected violations of these Terms of Use. Elvtn, LLC reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Elvtn, LLC to disclose the identity of anyone posting any email messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS ELVTN, LLC FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ELVTN, LLC DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER ELVTN, LLC OR LAW ENFORCEMENT AUTHORITIES.

Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time for indefinite periods of time or cancel the service at any time, without notice or refund to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, 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.

Your Use of This Site Is At Your Own Risk. The Content Is Provided “As Is” And Without Warranties Of Any Kind, Either Expressed Or Implied. Crowd Surf Disclaims All Warranties, Including Any Implied Warranties Of Merchantability, Fitness For A Particular Purpose, Title, Or Noninfringement. Elvtn, Llc Does Not Warrant That The Functions Or Content Contained In This Site Will Be Uninterrupted Or Error Free, That Defects Will Be Corrected, Or That This Site Or The Server That Makes It Available Are Free Of Viruses Or Other Harmful Components. Elvtn, Llc Does Not Warrant Or Make Any Representation Regarding Use, Or The Result Of Use, Of The Content In Terms Of Accuracy, Reliability, Or Otherwise. The Content May Include Technical Inaccuracies Or Typographical Errors, And Elvtn, Llc May Make Changes Or Improvements At Any Time. You, And Not Elvtn, Llc, Assume The Entire Cost Of All Necessary Servicing, Repair Or Correction In The Event Of Any Loss Or Damage Arising From The Use Of This Site Or Its Content. Elvtn, Llc Makes No Warranties That Your Use Of The Content Will Not Infringe The Rights Of Others And Assumes No Liability Or Responsibility For Errors Or Omissions In Such Content.

Elvtn, Llc, Its Subsidiaries, Affiliates, Licensors, Service Providers, Content Providers, Employees, Agents, Officers, And Directors Will Not Be Liable For Any Incidental, Direct, Indirect, Punitive, Actual, Consequential, Special, Exemplary, Or Other Damages, Including Loss Of Revenue Or Income, Pain And Suffering, Emotional Distress, Or Similar Damages, Even If Elvtn, Llc Has Been Advised Of The Possibility Of Such Damages. Because Some States Or Jurisdictions Do Not Allow The Exclusion Or The Limitation Of Liability For Consequential Or Incidental Damages, In Such States Or Jurisdiction, Our Liability Shall Be Limited To The Maximum Extent Permitted By Law. In No Event Will The Collective Liability Of Evltn, Llc And Its Subsidiaries, Affiliates, Licensors, Service Providers, Content Providers, Employees, Agents, Officers, And Directors To Any Party (Regardless Of The Form Of Action, Whether In Contract, Tort, Or Otherwise) Exceed The Greater Of $100 Or The Amount You Have Paid To Elvtn, Llc For The Applicable Content Or Service Out Of Which Liability Arose.

Indemnification

You agree to indemnify, defend and hold harmless Elvtn, 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.

Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive 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.

Elvtn, LLC reserves the right, in its sole discretion, to terminate your access to any or all of Elvtn, LLC’s websites and the related services or any portion thereof at any time, without notice.

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and 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.

Governing Law, Venue, and Jurisdiction

These Terms of Service and any separate agreements whereby we provide you Services shall be governed and construed in accordance with the laws of Denver, Colorado, United States notwithstanding any conflicts of law. You specifically consent to personal jurisdiction in Colorado in connection with any dispute between you and Elvtn, LLC arising out of these Terms of Service or pertaining to the subject matter hereof. The parties to these Terms of Service each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Service or pertaining to the subject matter hereof will be in the state courts in Denver, Colorado.

Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Contact Information

Questions about the Terms of Service should be sent to us at [email protected].

Please read the FAQ for more information.

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