Last updated: February 2023
Introduction
Welcome to the Deskcycle® Under Desk, Desk Exercise, Ellipse website (the “Site”). The Site is owned and operated by Deskcycle LLC (“Deskcycle”, “we” or “us”).
These Terms of Use (“Terms”) govern your use of the Site. Please read them carefully as they affect your legal rights.
By accessing or using the Site, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Site.
We may update these Terms from time to time. If we make material changes, we will notify you by revising the date at the top of this page and, in some cases, we may provide you with additional notice (such as adding a statement to our homepage or sending you an email notification). We encourage you to review the Terms whenever you access the Site to stay informed about our information practices and your legal rights.
Privacy Policy
Please refer to our Privacy Policy for information about how we collect, use and disclose information about you. The Privacy Policy is incorporated by reference into these Terms.
Eligibility and Account Registration
You must be at least 18 years of age to access or use the Site.
To access certain features or services through the Site, you may be required to register for a user account. When you register for an account, you agree to provide us with accurate, current and complete account information. You are solely responsible for all activity that occurs on your account, so please keep your account credentials secure.
We reserve the right to suspend or terminate your account if you provide false, inaccurate, incomplete or misleading information, or if you violate these Terms.
Site Content and Ownership
The Site contains:
- Content we create and make available including text, images, videos, software and other materials;
- Content our users upload and make available;
- Content made available by third parties that we display; and
- Aggregated and anonymized data about how the Site is used.
All content on the Site is protected by copyright, trademark and other applicable laws. Unless you have our written consent, you may not copy, modify, create derivative works from, distribute, publicly display or perform, republish, store, transmit or use any of our content other than as expressly permitted in these Terms or with prior written consent from us or the respective rights holder.
Any feedback, suggestions or ideas you provide through the Site are entirely voluntary. We may use feedback or ideas you provide without obligation or restriction, and you hereby grant us an unlimited, irrevocable license to incorporate feedback into our products and services.
Site Use Restrictions
You agree that you will not:
- Violate any applicable law, regulation or ordinance when using the Site.
- Infringe our or any third party’s intellectual property rights when using the Site.
- Post or transmit any threatening, abusive, libelous or obscene content.
- Use the Site for spamming, phishing or other similar activities.
- Interfere with the operation of the Site through hacking, denial of service attacks or other means.
- Solicit login credentials from other users.
- Impersonate any person or entity or provide false information to disguise your identity.
- Distribute viruses, worms, defects, Trojan horses, corrupted files or any other items of a destructive or deceptive nature.
- Use any data mining, robots or similar data gathering or extraction methods when using the Site.
- Reverse engineer, decompile or disassemble any software or methods you find on the Site.
We reserve the right to terminate your access to the Site at any time, without notice, for any reason whatsoever. You acknowledge that we may bar access to the Site at any time without notice.
User Content
“User Content” refers to all content uploaded by users to the Site, including reviews, comments, images, videos, ratings and other materials.
You are solely responsible for your User Content. You represent and warrant that you have all rights necessary to post the User Content and grant us the licenses described below.
We do not control User Content and we make no guarantees about the truthfulness, accuracy, appropriateness or legality of any User Content. We do not endorse or adopt any User Content.
By uploading User Content, you grant us a non-exclusive, worldwide, royalty-free, sublicensable license to use that User Content for Site improvement, marketing, promotional and other business purposes.
We reserve the right to remove any User Content for any reason, including User Content that we believe violates these Terms or our content policies. Removal of User Content is at our sole discretion.
External Links
The Site may contain links to third party websites. Linked websites are not under our control, and we are not responsible for their content. We provide links for your convenience only, and including a link does not imply endorsement of the linked site.
Disclaimers and Limitations
THE SITE AND ALL CONTENT, MATERIALS, INFORMATION AND SERVICES PROVIDED THROUGH THE SITE ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND. We disclaim all express and implied warranties including warranties of merchantability, fitness for a particular purpose and noninfringement.
We do not warrant that the Site will operate in an uninterrupted or error-free manner. You use the Site at your own risk. We are not liable for any damages that result from your use or inability to use the Site including, but not limited to, reliance on the accuracy, completeness or usefulness of Site content or for any special, incidental or consequential damages.
Certain state laws do not allow limitations on implied warranties or exclusions of certain damages. If these laws apply, some or all of the above disclaimers, exclusions or limitations may not apply to you.
Our total liability arising out of or relating to the Site, whether in contract, tort or otherwise, is limited to the greater of $100 or the amounts you paid to access or use the Site.
Indemnification
You will defend, indemnify and hold harmless us, our affiliates and our respective officers, directors, agents, partners and employees from any claims, damages, liabilities, costs and expenses (including reasonable attorneys’ fees) arising from:
- Your use of the Site;
- Your User Content;
- Your violation of these Terms; or
- Your violation of any applicable law or third party rights.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You may not settle any matter without our prior written consent.
Modifications
We reserve the right to modify these Terms from time to time. If we make material changes, we will notify you by revising the date at the top of this page and, in some cases, provide you with additional notice (such as adding a statement to our homepage or sending you an email notification).
Modifications will be effective upon our posting of the updated Terms. You waive any right you may have to receive specific notice of each change. Your continued use of our Site will confirm your acceptance of the updated Terms. You should frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Site. If you do not agree to the updated Terms, you must stop using the Site.
Dispute Resolution and Arbitration
Please read this Section carefully – it affects your legal rights.
Most disputes and concerns can be resolved quickly and to your satisfaction by submitting a request to our customer support team. In the unlikely event we cannot resolve an issue immediately, this Section explains how claims can be resolved through binding arbitration.
Arbitration is an alternative dispute resolution process that allows us to resolve issues without the time and expense of going to court. The Federal Arbitration Act governs the interpretation of this Section. All disputes arising out of or relating to these Terms or our Site will be resolved through binding arbitration before the American Arbitration Association (AAA) under its Consumer Arbitration Rules.
Prior to initiating arbitration, you must first send a letter describing your claims to our registered agent. If we are unable to resolve the issue within 60 days, you may initiate arbitration. We will reimburse any filing fee that AAA charges you.
Arbitration hearings will take place in the federal district where you reside. A single arbitrator will be appointed. The arbitrator may not consolidate proceedings or join them together without the consent of all parties. Any judgment on the award rendered may be entered in any court with jurisdiction.
Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity are not allowed. Nor are combining individual proceedings without the consent of all parties.
If any provision related to arbitration is found unenforceable, the remaining portions of these Terms will remain in effect.
Governing Law
These Terms are governed by the laws of the State of Tennessee without regard to conflict of law principles. You consent to the exclusive jurisdiction of state and federal courts located in Nashville, Tennessee for any lawsuit arising out of or relating to the Site.
Termination
We may suspend or terminate your access to the Site at any time for any reason without notice or liability. We may also block your access to the Site if we believe you have violated these Terms.
The following Sections survive termination: Indemnification, Disclaimers, Limitations, Dispute Resolution & Arbitration, and General Provisions.
General Provisions
- Entire Agreement. These Terms constitute the entire agreement between you and us. They supersede any prior agreements.
- Non-Waiver. Our failure to enforce any provision of these Terms does not constitute a waiver of that or any other provision.
- Severability. If any provision of these Terms is found unenforceable, the remaining portions will remain in effect. The unenforceable provision will be modified so as to render it enforceable while preserving its intent.
- Assignment. You may not assign any rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.
- No Third Party Beneficiaries. These Terms do not confer any rights or remedies on third parties unless specified.
- Notice. You agree we may provide notices through posting on the Site, by email or regular mail.
- Contact Us. Contact us at [email protected] with any questions about these Terms.
Thank you for visiting our Site!
