WEBSITE TERMS AND CONDITIONS

Website Terms and Conditions

All customers of StarCycle and visitors to www.starcycleride.com are subject to the Terms and Conditions expressed below.

IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, YOU SHOULD NOT USE THE SITE.
Your access to and use of our Web site is subject to these terms and conditions and any other terms set forth through the site, and all applicable laws. By accessing and browsing the site, you accept, without limitation or qualification, these terms and conditions.

We will not be liable or responsible for any damages or injuries caused by use of the site (such as omissions or misstatements). As with any information on the World Wide Web, we do not guarantee any information, service, merchandise or hyper-links provided on or through the site.

Last Updated: 7/2/19

Introduction: We respect consumers’ constitutional rights to privacy and data protection. This Privacy Policy explains how StarCycle Franchising, LLC, d.b.a. StarCycle (“we/us”) collects, uses and disclosures your personal information with respect to your use of our website, www.starcycleride.com.

We reserve the right to change our Privacy Policy at any time, in which case we will post our amended Privacy Policy on our websites.

Definition of Personal Information: “Personal information” means information that specifically identifies an individual (such as a name, address, telephone number and email address), or information about that individual that is directly linked to personally identifiable information. Personal information does not include “aggregate” information, which is data we collect about the use of our websites or about a group or category of services or users, from which individual identities or other personal information has been removed. This Privacy Policy in no way restricts or limits our collection and use of aggregate information.

Collection of Personal Information: We may collect information about you in various ways when you use our websites.

Information You Provide Voluntarily: We collect certain information you voluntarily provide to us, such as when you provide name, address, email address and telephone number to purchase products or services; register for an account with us; send us an email; or request information. This information may include personal information.

Additional Information We Collect: We may collect some information automatically when you use our websites. For example, we may track information like your IP address, operating system, browser type, address of a referring website, and your activity on our websites.

We may automatically collect information using cookies or web beacons.
• “Cookies” are small data files stored on your hard drive at the request of a website. If you wish to block, erase, or be warned of cookies, please refer to your browser manufacturer to learn about these functions. If you choose to remove or reject cookies, this could affect certain features or services on our websites.
• “Web beacons” are small, invisible graphic images that may be used on our websites or in emails relating to our websites to collect certain information and monitor user activity on our websites.

The information we collect using these processes can help us improve our websites and your experience. We treat this information as personal information if we combine it with, or link it to, any of the personally identifying information mentioned in the section above entitled “Personal Information”. Otherwise, it is used only in the aggregate.

Use of Personal Information: We use personal information collected through our websites for the purposes described in this Privacy Policy or elsewhere on our websites. For example, we may use personal information we collect:
• for purposes of shipping products to you;
• as part of the process of registering you for an account with us;
• to include you on any of our mailing lists to which you subscribe (to provide you with information about our events, activities, offers, promotions, products, services and information we think will be of interest to you);
• to request feedback and to otherwise contact you about your use of our websites;
• to respond to your emails, questions, comments, requests and complaints and provide customer service;
• to monitor and analyze site usage and trends, and to personalize and improve our websites and our users’ experiences on our websites, such as providing ads, content, or features that match their interests, and to increase our websites’ functionality and user friendliness; and
• for any other purpose for which the information was collected.

Personal information provided online may be linked together or merged with other personal information so that we may better understand your needs and inform you about our products or services and those of our partners. In addition, if we receive information from third parties with whom we have business relationships, we may combine this information with the other personal information we maintain about you.

Sharing Personal Information with Others: We will not share your personal information with third parties, except as described in this Privacy Policy or on our websites.
We are not responsible for the actions of third party service providers, nor are we responsible for any additional information you provide directly to these parties, and we encourage you to become familiar with their practices before disclosing information directly to them. Nothing herein restricts the sharing of aggregate information of any kind, which may be shared with third parties without your consent.

Efforts to Protect Personal Information: We take reasonable measures to protect your personal information in an effort to prevent loss, misuse, and unauthorized access, disclosure, alteration, and destruction. However, despite our efforts, no security measures are perfect or impenetrable and no method of data transmission can be guaranteed against any interception or other type of misuse. You accept this inherent risk.

Opt-Out and Delete Options: You may opt-out of receiving marketing or promotional emails from us by following the unsubscribe instructions in those emails. You may also opt out of marketing emails by updating your user preferences on the appropriate section of our websites (if available). Even after you opt out, you may continue to receive marketing and promotional emails from us for a period of time while we process your opt-out request.

Contact Us: Please contact us by email at info@starcycleride.com if you have any questions about our Privacy Policy or if you wish t

General Guidelines

No part of this website may be regarded as an offer to sell a franchise for a StarCycle Studio. Franchises may only be offered and sold through the disclosure to the buyer of StarCycle’s Franchise Disclosure Document and in accordance with applicable Federal and state franchise law.

Users acknowledge that we may publish your names and other information and in no way will be held responsible for any liability, claims, expenses, response, liability, or damages arising out of or in any way connected to such uses.

Information set forth in or accessible through the site may not be fully accurate or complete. We do not represent or endorse the accuracy or reliability of any of the information or content contained on, distributed through, or accessed from the site. You hereby acknowledge that any reliance upon any information or content contained on the site is at your sole risk.

You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any such information or materials. We assume no responsibility or liability arising from the postings, transmission, information or content on the site nor from any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, or inaccuracy contained in any such postings, transmissions, information, or content on the site.

Damages and injuries

We will not be liable or responsible for any direct, incidental, consequential, indirect or punitive damages or injuries, including but not limited to errors, omissions, typographical errors, delays in transmission, mistakes, interruptions, deletion of files, and delays in operation, your reliance on or use of any information, service or merchandise provided on or through the site, or any failure of performance caused by or arising out of use of or access to any content or information contained in the site, the content of any site, or sites hyper-linked to the site, even if we are negligent and/or have been advised of the possibility of such damages. The above limitation of liability may not apply to you where applicable law does not allow for such limitations.

Indemnification

You agree to defend, indemnify and hold us harmless, our affiliates, companies, employees, directors, officers, agents, material or communication providers, and Internet Service Providers from any and all losses, liabilities, claims, expenses, damage awards, including, but not limited to attorneys’ fees, that arise from any claim action, demand, by use of or in connection with the submission, transmission, posting, broadcast, or other communication with or to the site.

Use of Materials and Communications

Any communication or material you transmit to the site by electronic mail or otherwise, including any data, questions, comments, suggestions or the like is, and will be treated as, non-confidential and nonproprietary. Anything you transmit or post becomes our property or of our affiliates and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the site for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products using such information.

Hyperlinks

The site may link to sites not maintained or related to us. Hyperlinks are provided as a service to you and are not sponsored by or affiliated with the site or us. We have not reviewed any or all of the sites hyper-linked to or from the site and are not responsible for the content of any other sites. The links are to be accessed at your own risk, and we make no representations or warranties about the content, completeness, or accuracy of these links or the sites hyper-linked to the site. Furthermore, we do not implicitly endorse third party sites hyper-linked to the site.

Warranties

The information and reference materials contained in the site are intended solely for the personal information of the reader. By entering and interacting with the site, you agree to hold us and our affiliates harmless and not responsible for the content. We make no representations or warranties about the completeness or accuracy of the site’s content or the information or other material found on or in the site. We do not purport to review the accuracy of information and other materials available on the site. You should take appropriate precautions to verify all such information. We cannot be held liable for typographical errors, layout error or misinformation, omissions, technical inaccuracies or other errors contained in the site.

OUR PRODUCTS AND SERVICES ARE WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF A WRITTEN AGREEMENT BETWEEN US AND THE PURCHASER. EXCEPT AS WARRANTED IN SUCH WRITTEN AGREEMENTS, WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO PRODUCTS OR SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

THE MATERIALS, SERVICES, AND INFORMATION IN THE SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OR REPRESENTATIONS WHATSOEVER OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Miscellaneous

Any offers set forth on the site are void where prohibited. The terms and conditions set forth in the site are governed and interpreted under the laws of the United States of America, without giving effect to its conflicts of laws provisions. If any portion of the terms and conditions is deemed unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. We can, at our sole discretion, replace or amend such provisions with another provision.

The terms and conditions set forth the entire understanding and agreement between us with respect to the site and any materials, communications, transmissions, or posting to the site. We reserve the right to revise the terms and conditions at any time by updating this posting. You are bound by any such revisions, and you should periodically read and review the terms and conditions.