Terms and Conditions
This website, powertap.com, ("Site") is hosted by Saris Cycling Group, Inc.
We may, from time to time, modify the terms of this Agreement. When we make changes, we will post those changes here. Your use of the site following any such modification constitutes your agreement to the terms of the modified Agreement.
Saris® is a registered trademark of Saris Cycling Group, Inc. in the United States and other countries. Bones, Solo, T-Bones and other marks indicated on our site are trademarks or registered trademarks of Saris Cycling Group in the United States and other countries. All rights reserved.
All rights in the product names, company names, trade names, graphics, logos, page headers, button icons, scripts, product packaging, trade dress and designs of all Saris Cycling Group or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Saris Cycling Group or their respective owners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on this Site confers on you any license or right under any patent or trademark of Saris Cycling Group or any third party.
All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the site, and the selection, coordination, and arrangement of such content, are owned by Saris Cycling Group or its third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the Site for any purposes. Nothing stated or implied on the site confers on you any license or right under any copyright of Saris Cycling Group or any third party. The site and the information contained in reference herein are for your personal, non-commercial use only. Except as otherwise specifically permitted herein, you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of this site, or use the contents of this site in litigation, or for any commercial or promotional purposes, without the express written consent of Saris Cycling Group or its lawful successors and assigns.
Notice of Copyright Infringement
Saris Cycling Group respects the intellectual property of others. If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, please provide Saris Cycling Group's Copyright Agent with the following information:
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the allegedly infringing material on the Site that is requested to be removed;
- Your name, address, and daytime telephone number, and an email address if available, so that Saris Cycling Group may contact you if necessary;
- A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed, and
- An electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement.
- Saris Cycling Group's Copyright Agent for notice of claims of copyright infringement on the Site is Saris Cycling Group's General Counsel, who can be reached as follows:
- General Counsel
- Please see our Contact Us page for contact information.
License and Site Access
Saris Cycling Group grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Saris Cycling Group. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders or similar data gathering and extraction tools.
Neither this site nor any portion of this site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Saris Cycling Group. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Saris Cycling Group and our affiliates without express written consent. You may not use meta tags or any other hidden text using Saris Cycling Group's name or trademarks without the express written consent of Saris Cycling Group. Any unauthorized use terminates the permission or license granted by Saris Cycling Group. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to any page of Saris Cycling Group so long as the link does not portray Saris Cycling Group or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Saris Cycling Group logo or other proprietary graphic or trademark as part of the link without express written permission.
Third Party and Co-Branded Websites
This Site may contain hyperlinks ("links") to websites operated by persons or entities other than Saris Cycling Group ("third-party websites") or to co-branded websites operated by a third party, including affiliates ("co-branded websites"). We provide such links for your reference and convenience only. A link from Saris Cycling Group to a third-party website does not imply or mean that we endorse the content on that third-party or co-branded website or the operator or operations of that website. You are solely responsible for determining the extent to which you use any content at any third party or co-branded websites to which you might link from our Site. SARIS CYCLING GROUP IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY WEBSITE OR CO-BRANDED WEBSITE, ANY MERCHANT OR OPERATOR OF A THIRD-PARTY WEBSITE OR CO-BRANDED WEBSITE, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION.
You agree to comply with all applicable law in connection with your use of the site, and such further limitations as may be set forth in any written or on-screen notice from Saris Cycling Group. As a condition of your use of the site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by this Agreement. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with this site or any co-branded website will be accurate, complete, and current. You will pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with Saris Cycling Group or any co-branded website at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions. By using this site, you agree not to violate or attempt to violate the security of the site, including, without limitation, actions such as:
- Accessing data not intended for you or logging into a server or account that you are not authorized to access;
- Attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- Attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, "flooding," "spamming," "mailbombing," or "crashing" the Site; Sending unsolicited email, including promotions and/or advertising of products or services, and Forging any TCP/IP packet header or any part of the header information in any email or posting.
Risk of Loss
All products purchased from the site are transported and delivered to you by an independent carrier not affiliated with, or controlled by, Saris Cycling Group. Title to products purchased on the site, as well as the risk of loss for such products, passes to you when Saris Cycling Group delivers these items to the carrier.
Saris Cycling Group attempts to be as accurate as possible in describing its products. We do not warrant that product descriptions or other content of this site are accurate, complete, reliable, current, or error-free. Most Saris Cycling Group products displayed on the site are available in select retail stores in the United States and select foreign markets while supplies last. In some cases, merchandise displayed for sale at the site may not be available in retail stores. Unless otherwise stated, the prices displayed at the site are quoted in U.S. Dollars.
We have made every effort to display as accurately as possible the colors of our products that appear at the site. As the actual colors you see depend on your computer monitor, however, we cannot guarantee that your monitor's display of any color will be accurate.
The Saris Cycling Group Guarantee
We warrant the product to the first consumer to be free from defect in materials and workmanship for a lifetime*. Please retain your sales slip for your records. Any product or part thereof found to be defective within that period will be replaced without charge provided that: (1) the product was not misused; (2) no alterations or modifications were made; (3) its failure resulted from a defect in material or workmanship and not from normal wear expected in the use of the product; (4) the product or part is delivered, freight prepaid, to Saris Cycling Group. Please call 1-800-783-7257 to obtain return authorization prior to return. Saris Cycling Group reserves the right to inspect any product before issuing a replacement. Manufacturer's only obligation shall be to replace such products or parts proved to be defective.
* (Note: Full PowerTap warranty information can be found on the Warranty Page).
DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY
THIS SITE IS PROVIDED BY SARIS CYCLING GROUP ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SARIS CYCLING GROUP MAKES NO REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, SERVICES OR LINKED SERVICES PROVIDED ON OR THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION, THAT THE INFORMATION PROVIDED THROUGH THE SITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED; OR THAT THE CONTENT ON THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SARIS CYCLING GROUP DISCLAIMS ALL WARRANTIES, EXPRESS OF IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT WILL SARIS CYCLING GROUP, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTIAL, EXEMPLARY, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES OR ANY DAMAGES OF ANY TYPE OR NATURE ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THIS SITE OR ANY LINKED SITES OR SERVICES; IN THE EVENT A THIRD PARTY INTERCEPTS OR DECRYPTS ANY TRANSMISSION OF INFORMATION THAT YOU PROVIDE TO SARIS CYCLING GROUP THROUGH THE SITE; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DICLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Applicable Law and Disputes
This Agreement, your rights and obligations, our rights and obligations, and all actions contemplated by this Agreement will be governed by the laws of the United States of America and the State of Wisconsin, without regard to principles of conflicts of law and as if this Agreement were a contract wholly entered into and wholly performed within the State of Wisconsin. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Any dispute relating in any way to your visit to Saris Cycling Group or to products you purchase through Saris Cycling Group shall be submitted to confidential arbitration in Madison, Wisconsin, United States of America, except that, to the extent you have in any manner violated or threatened to violate Saris Cycling Group's intellectual property rights, Saris Cycling Group may seek injunctive or other appropriate relief in any state or federal court in the State of Wisconsin, United States of America, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of JAMS/ENDISPUTE Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration. The parties specifically incorporate the terms of California Code of Civil Procedure section 1283.05 (what is the equivalent of this for Wisconsin or should we leave this part out?) with respect to discovery. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
You agree to defend, indemnify, and hold harmless Saris Cycling Group and its affiliates, successors and assigns, and its and their directors, officers, employees, agents, co-branders or other partners from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses, including reasonable attorney's fees and other legal expenses, and judgments of any kind of nature, incurred by Saris Cycling Group arising out of or relating to your use of the Site, your violation of this Agreement, or your violation of any rights of another.
Miscellaneous Legal Provisions
We may discontinue the site at any time and for any reason, without notice. We may change the contents, operation, or any and all other features of the site at any time for any reason, without notice. We may discontinue or restrict your use of the site at any time for any reason, without notice.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Saris Cycling Group as a result of this Agreement or your use of this Site. Nothing contained in this Agreement is in derogation of Saris Cycling Group's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by Saris Cycling Group with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The failure of Saris Cycling Group to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.
If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
This Agreement is the entire and final Agreement regarding our Site and its content, and supersedes any prior or contemporaneous communications between Saris Cycling Group and you regarding our site and its contents.
All rights not expressly granted herein are hereby reserved.
Effective: April 1, 2010