Terms and conditions
This Site is owned and operated by PonyCycle, Inc. and/or its subsidiaries and affiliates (collectively, “PonyCycle,” “we,” or “us”). This Policy is intended to advise you with respect to content found on the Site, as well as help you understand what information we collect, whether personally identifiable or not, how we collect it, how we use it, how we share it, and how we protect it. By accessing and/or using the Site, you agree to comply with and be bound by this Policy and the terms and conditions provided herein. IF YOU DO NOT AGREE TO THIS POLICY, PLEASE DO NOT USE THE SITE OR ITS CONTENT.
We may revise this Policy at any time. Any revisions will be effective upon our posting the revised Policy on the Site. Please access this Policy each time you visit the Site to inform yourself of any revisions, as your continued use of the Site will constitute your acceptance of the Policy as revised. Last Update: March 18, 2013.
Third Party Websites and Content
In addition, PonyCycle does not endorse, is not responsible for, and makes no warranty or representation as to the quality or accuracy of third party content, or as to the quality or accuracy of information, goods, or services provided on or offered in connection with third parties’ websites.
PonyCycle owns all right, title and interest in and to the Site and its proprietary content, including all intellectual property rights therein. All rights not expressly granted to you herein are expressly reserved to PonyCycle.
Modification or use of PonyCycle’s proprietary content for any purpose other than as expressly permitted herein or on the Site is strictly prohibited. No right, title, or interest in any such content is transferred to you as a result of accessing it through the Site. Unless otherwise specified, you may not copy, modify, distribute, transmit, display, reproduce, publish, license, create derivative works from, link to or frame in another website, use on any other website, transfer or sell any proprietary content obtained from the Site, without written permission from PonyCycle. The foregoing prohibition expressly includes, but is not limited to, the practices of “screen scraping” and “data mining.”
All trademarks, service marks, and logos (“Trademarks”) displayed on the Site, with or without attribution, are registered and/or unregistered trademarks of PonyCycle or third parties. Nothing in or on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right in or to the Trademarks without express written permission of PonyCycle or the applicable third party.
Collection and Use of Personal Information
PonyCycle may collect personally identifiable information from you, including your name, address, phone number, e-mail address, and credit card or other payment information (collectively, all such personally identifiable information is herein referred to as “Personal Information”), when you create an account on the Site, when you purchase products through the Site, when you contact us, and/or in connection with your voluntarily provided testimonials or other feedback. In addition, there may be other occasions, not specifically identified in this Policy, when we may ask you to provide us with Personal Information. In some cases, if you decline to share such information with us, we may not be able to provide you with certain services.
PonyCycle may retain and use certain Personal Information to communicate with you, including to respond to your questions or comments, resolve disputes, and troubleshoot problems. We may also retain your questions and/or comments in order to improve the Site. Accordingly, please do not send us any information, ideas, suggestions, proposals, or comments that you consider confidential and/or that you wish to be treated as confidential.
Credit card and/or other payment information collected through the Site is processed by a secure third party site. Such information is not retained or stored by PonyCycle.
Other than as provided herein, PonyCycle will not use your Personal Information, or disclose or share your Personal Information with third parties, without your consent. You may modify or correct your Personal Information at any time by accessing your account on the Site. To protect your privacy and security, we require you to enter your account username and password before allowing access to your account.
Collection and Use of Non-Personal Information
When you use the Site, we may use technology to automatically collect non-personally identifiable information including:
The dates and times that you visited the Site or logged in to your account.
The pages that you visited on the Site and the content that you accessed or viewed.
Any searches that you performed on the Site.
We may use analytic tools in connection with such automatically collected non-personally identifiable information to better understand who is using the Site and how they are using it, and to manage and improve the Site.
PonyCycle may disclose information collected through the Site, including Personal Information: (a) if required to do so by law; (b) if in good faith we believe that disclosure is necessary to comply with local, state, or federal laws, or to respond to a court order, judicial or other governmental subpoena, or warrant; or (c) in the event of bankruptcy proceedings.
PonyCycle undertakes reasonable steps to protect Personal Information from unauthorized or accidental access, disclosure, misuse or processing, or from alteration, destruction, or loss. In addition, certain areas of the Site, such as where credit card or other payment information is provided, are designed to collect and transmit Personal Information securely. However, as no security measures are perfect or impenetrable, we cannot guarantee the security of any information you transmit to us.
Use of the Site is restricted to PonyCycle and its authorized users. Unauthorized access or use of the Site, including without limitation unauthorized entry into the Site, misuse of passwords, or misuse of any content within the Site, is strictly prohibited.
Disclaimer of Warranties
Please be advised that there are security and other risks associated with using open networks such as the Internet. By accessing and using the Site and its content, you expressly assume such risks. While PonyCycle intends that content found in or on the Site is accurate and reliable, errors and inaccuracies may occur. In addition, PonyCycle may make changes, modifications, additions, deletions and improvements to the content provided in or on the Site at any time. Accordingly, PonyCycle cannot and does not warrant:
THE SITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PONYCYCLE DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT AND ANY WARRANTIES ARISING FROM THE COURSE OF DEALING OR PERFORMANCE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR ACCESS AND USE OF THE SITE AND ITS CONTENT.
Under no circumstances shall PonyCycle or its officers, directors, agents, employees, sponsors, or partners be responsible or liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages, whether based in contract, tort or otherwise, arising out of or relating in any way to your access or use of the Site or its content, even if PonyCycle has been advised of the possibility of such damages. Your sole remedy for dissatisfaction with the Site and/or its content is to stop using the Site and/or the content.
Protecting the privacy of young children is especially important. For that reason, we do not knowingly collect or maintain information from persons under 13 years of age, and no part of our Site is structured to attract anyone under 13. If you are under 13 years of age, please do not use or access the Site at any time or in any manner. If we learn that Personal Information of persons under 13 years of age has been collected on the Site without verified parental consent, we will take the appropriate steps to delete this information.
Special Note to International Users
The Site is hosted in the United States and is intended for and directed to users in the U.S. If you are a consumer accessing the Site from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from U.S. laws, please be advised that, through your continued use of the Site, which is governed by U.S. law and this Policy, you are transferring your Personal Information and other information to the U.S., and you consent to such transfer.
If you have any questions or comments regarding how your Personal Information is treated under this Policy, or about the implementation of the principles of this Policy, we encourage you to contact us through the Site at https://shop.ponycycle.com/pages/contact-us.