Terms of service
This website, as well as all associated mobile sites and mobile applications (collectively referred to as "Site") is operated by GOCYCL LLC d/b/a GOCYCL ("us/we/our/GOCYCL"). "You/your" means you as a user of the Site. We offer this Site, including all information, products, and services available from this Site, to you conditioned upon your acceptance of all the terms, conditions, policies, and notices stated herein. YOUR CONTINUED USE OF THIS SITE CONSTITUTES YOUR AGREEMENT TO THESE TERMS OF USE.
By accessing this Site, you agree to be bound by the Terms of Use set forth herein. If there is anything you do not understand, please email any inquiryto legal@gocycl.com. If at any time you do not agree to these Terms of Use, please do not use this Site.
YOU SHALL NOT USE THE SITE FOR ANY ILLEGAL PURPOSES, AND YOU WILL USE IT IN COMPLIANCE WITH ALL APPLICABLE LAWS AND REGULATIONS. YOU SHALL NOT USE THE SITE IN A WAY THAT MAY CAUSE THE SITE TO BE INTERRUPTED, DAMAGED, RENDERED LESS EFFICIENT OR SUCH THAT THE EFFECTIVENESS OR FUNCTIONALITY OF THE SITE IS IN ANY WAY IMPAIRED. YOU AGREE NOT TO ATTEMPT ANY UNAUTHORIZED ACCESS TO ANY PART OR COMPONENT OF THE SITE.
INTELLECTUAL PROPERTY OWNERSHIP AND USE:
You acknowledge and agree that all of our trademarks, logos, copyrights, and any and all other intellectual property rights in all material or content contained within this Site shall remain at all times vested in us or, in cases where we are using such material or content under authority from a third party, in the owner of such material or content.
We grant you the limited right to access and make use of the Site as our customer. However, you shall not:
a) reproduce, duplicate, copy, sell, or otherwise exploit the Site or any
image, page layout, page design, trade dress, trademark, logo, or other
content ("Site Content") for any commercial purpose;
b) use a robot, spider, or data mining or extraction tool or process to
monitor, extract, or copy Site Content;
c) use any meta tags, search terms, key terms, or the like that contain the
Site's name or our trademarks;
d) engage in any activity that interferes with the Site or another user's
ability to use the Site;
e) modify, create derivative works from, reverse engineer, decompile, or
disassemble any technology used to provide the Site and the goods or
services offered on the Site; or
f) assist or encourage any third party in engaging in any activity prohibited
by these Terms of Use.
You may not use, copy, distribute, or exploit any of the Site Content in any manner without our prior written permission.
All Site Content and all materials contained within the Site, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, articles, posts, and data appearing on the Site, are owned by us or used by us under authorization, and are protected by U.S. and foreign trademark and copyright laws. No portion of the materials or content on these pages may be reprinted or republished in any form without our express written permission.
INFRINGEMENT NOTICE:
We respect the intellectual property rights of others and require that our users do the same. If you believe your work has been copied in a manner that constitutes copyright infringement, or you believe your rights are otherwise infringed or violated by anything on the Site, please notify us by sending an email to legal@gocycl.com.
In order for us to more effectively assist you, the notification must include:
1. A physical or electronic signature of the owner of the right claimed to be
infringed or the person authorized to act on the owner's behalf;
2. A description of the copyrighted work or other right you claim has been
infringed or violated;
3. Information reasonably sufficient to locate the material in question on the
Site;
4. Your name, address, telephone number, e-mail address, and all other
information reasonably sufficient to permit us to contact you;
5. A statement by you that you have a good faith belief that the disputed use
is not authorized by the rightful owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the owner of the
right claimed to be infringed or are authorized to act on behalf of the
owner.
ERRORS AND INACCURACIES:
We strive to provide complete, accurate, up-to-date information on the Site.
Unfortunately, despite those efforts, human or technological errors may occur.
The Site may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability of products, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies, or omissions, including after an order has been submitted, and to change or update information at any time without prior notice.
You acknowledge that the particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors and look of products offered on the Site.
IF YOU BELIEVE THAT A PRODUCT OFFERED BY US IS NOT AS DESCRIBED, YOUR PRIMARY REMEDY IS TO CONTACT OUR SUPPORT TEAM TO ARRANGE A RETURN, EXCHANGE, OR REFUND IN ACCORDANCE WITH OUR REFUND POLICY.
CHANGES TO SITE OR THESE TERMS OF USE:
Other than as may be required by law, we reserve the right to modify or withdraw, temporarily or permanently, the Site (or any part of it) with or without notice to you, and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Site or any portion of it.
We may alter these Terms of Use from time to time, and your use of the Site (or any part of the Site) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms of Use have been changed. If you do not agree to any change to the Terms of Use, you must immediately stop using the Site.
EXTERNAL SITES AND RESOURCES:
We are not responsible for the availability of any websites owned or controlled by third parties. We do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of any third-party websites, including any advertising, products, or other materials or services on or available from such websites or resources, nor for any damage, loss, or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods, or services available on such third-party external sites or resources.
ORDERS, PRICE, AND RESALE:
Nothing on the Site constitutes a binding offer to sell products described on the Site or to make such products available in your area. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged.
The prices displayed on the Site are quoted in USD & GBP & EUR. In the event a product is listed at an incorrect price, we have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we will issue a credit to your credit card account in the full amount charged.
USER CONTENT / USER REVIEWS:
The Site allows or may allow users to post product reviews or other content to the Site. We are not responsible for, nor do we vouch for the accuracy of, any user reviews, comments, or other content posted or uploaded by a user ("User Content"). User Content expresses the views and opinions of the user and does not necessarily reflect our views or opinions. We reserve the right, in our sole discretion, to edit, delete, or refuse to post User Content, for any reason.
If you believe that any User Content is inaccurate or objectionable, please contact us at support@gocycl.com.
By posting User Content to the Site, you agree that:
- Any product review you post must be your honest review of such product;
- If you are paid or receive a free product or anything else of value for your
review, you will state this within your review;
- You will not post any content that: (i) is defamatory, libelous,
threatening, invasive of a person's privacy, harmful, abusive, harassing,
obscene, hateful, or racially, ethnically, or otherwise objectionable, or
that otherwise violates any law; (ii) contains software viruses or any other
computer codes, files, or programs designed to interrupt, destroy, or limit
the functionality of any computer software or hardware or
telecommunications equipment; (iii) infringes any intellectual property
rights;
- You will not impersonate any person or entity or misrepresent your
affiliation with a person or entity;
- You will not repeatedly post the same or similar message ("flooding") or
post excessively large or inappropriate images or content;
- You will not distribute or publish unsolicited promotions, advertising, or
solicitations for funds, goods, or services.
User Content becomes public information. You should be very careful about posting personally identifiable information such as your name, address, telephone number, or email address.
If you submit any User Content to this Site, you grant to us, and any of our successors, licensees, assigns, and affiliates, a royalty-free, perpetual, irrevocable, non-exclusive, and fully sub-licensable right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform, and display the User Content in any media, now known or hereafter devised.
SALES, SHIPPING, AND RETURNS:
We accept credit cards and other approved payment methods for our products
through our third-party payment processors. Please be sure to provide your exact
billing address and telephone number (i.e., the address and phone number your credit card bank has on file for you). Incorrect information will cause a delay in processing your order.
For orders containing multiple products, we will make every attempt to ship all
products at the same time. Products that are unavailable at the time of shipping
will be shipped as they become available unless you inform us otherwise. You will
only be charged for products contained in a given shipment plus any applicable
shipping charges.
Your order will ship as it becomes available, and we will make every effort to ship your order as quickly as possible. There may be times when a product you have ordered is out of stock, which will delay fulfilling your order. You will be informed of any out-of-stock products and unavailability for immediate shipment.
Returns, exchanges, and cancellations are governed by our Refund Policy, which is incorporated herein by reference and available at www.gocycl.com/policies/refund-policy
Your credit card will be automatically charged for all applicable sales taxes.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM (INCLUDING CART REMINDERS) TERMS AND CONDITIONS:
(a) When you opt in to the service, we will send you an SMS message to
confirm your signup.
(b) Our messaging service will be used for marketing communications including
company updates, events, sales, and shopping cart reminders.
(c) You can cancel the SMS service at any time. Just text "STOP" to the short
code. After you send "STOP," we will send you a confirmation SMS message.
After this, you will no longer receive SMS messages from us. If you want to
join again, just sign up as you did the first time.
(d) If at any time you forget what keywords are supported, just text "HELP" to
the short code. We will respond with instructions on how to use our service
as well as how to unsubscribe.
(e) Carriers are not liable for delayed or undelivered messages.
(f) Message and data rates may apply for any messages sent to you from us and
to us from you. Frequency of messages may vary. If you have any questions
about your text plan or data plan, contact your wireless provider. For
questions about the services provided by this short code, email us at
legal@gocycl.com.
If you have any questions regarding privacy, please read our privacy policy:
www.gocycl.com/policies/privacy-policy
DISCLAIMERS:
WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE ACCURACY OF ANY INFORMATION ON THE WEBSITE. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION. WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE WEBSITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY, CONDITION OR COMPLETENESS, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OR TRADE.
WE MAKE NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS OR ARE FULLY FUNCTIONAL, ACCURATE, OR RELIABLE.
AS SET FORTH IN THE PRIVACY POLICY, YOU ACKNOWLEDGE THAT WE CANNOT GUARANTEE, AND THEREFORE SHALL NOT BE IN ANY WAY RESPONSIBLE FOR, THE SECURITY OR PRIVACY OF THE WEBSITE AND ANY INFORMATION PROVIDED TO OR TAKEN FROM THE WEBSITE BY YOU.
LIMITATIONS OF LIABILITY:
WE WILL NOT BE LIABLE FOR ANY ECONOMIC LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS, OR ANTICIPATED SAVINGS), OR ANY LOSS OF GOODWILL OR REPUTATION, OR ANY LOSS OR CORRUPTION OF DATA, OR ANY SPECIAL OR INDIRECT OR CONSEQUENTIAL LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE, WHETHER OR NOT SUCH LOSSES WERE WITHIN THE CONTEMPLATION OF US AT THE DATE ON WHICH THE EVENT GIVING RISE TO THE LOSS OCCURRED.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
INDEMNIFICATION:
YOU AGREE TO BE FULLY RESPONSIBLE FOR (AND FULLY INDEMNIFY US AGAINST) ALL CLAIMS, LIABILITY, DAMAGES, LOSSES, COSTS, AND EXPENSES, INCLUDING LEGAL FEES, SUFFERED BY US AND ARISING OUT OF ANY USER CONTENT YOU POST TO THE WEBSITE AND ANY BREACH OF YOUR REPRESENTATIONS AND WARRANTIES OR THESE TERMS OF USE BY YOU, OR ANY OTHER LIABILITIES ARISING OUT OF YOUR USE OF THE WEBSITE OR THE USE BY ANY OTHER PERSON ACCESSING THE WEBSITE USING YOUR COMPUTER OR INTERNET ACCESS ACCOUNT.
BINDING ARBITRATION REQUIREMENT FOR RESOLUTION OF DISPUTES:
(1) Any and all disputes and causes of action arising out of these Terms of
Use shall be resolved individually, without resort to any form of class
action, and exclusively by final and binding arbitration under the rules
of the Judicial Arbitration and Mediation Services, Inc. ("JAMS").
(2) The remedy for any claim shall be limited to actual damages, and in no
event shall any party be entitled to recover punitive, exemplary,
consequential, or incidental damages, including attorney's fees or other
costs of bringing a claim, or seek injunctive relief or any other
equitable claim.
All disputes between you and us will be resolved by BINDING ARBITRATION. YOU HEREBY AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a neutral arbitrator, NOT a judge or jury.
Arbitration Procedures:
- Unless you elect to conduct the arbitration by telephone or written
submission, an in-person arbitration hearing will be conducted at a JAMS
facility in your area or at a JAMS facility.
- The arbitration shall be conducted by a single neutral arbitrator under
JAMS' Streamlined Arbitration Rules & Procedures for claims up to $5,000.00.
For claims exceeding $5,000.00, JAMS' Comprehensive Arbitration Rules &
Procedures apply.
- Each party shall bear its own costs and expenses. Filing fees shall be
governed by the then-current JAMS fee schedule. For claims of $1,000 or
less, we will pay all JAMS filing and arbitration fees if you cannot
demonstrate an ability to pay them.
- The Federal Arbitration Act and federal arbitration law apply to these Terms
of Use.
- Either party may, without waiving any remedy, seek from any court having
jurisdiction any interim or provisional relief necessary to protect the
rights or property of that party pending establishment of the arbitral
tribunal.
Class-Action Waiver: Any arbitration, claim, or other proceeding by or between you and us shall be conducted on an individual basis only and not in any class action, mass action, or on a consolidated or representative basis. The arbitrator shall have no authority to award class-wide relief or to combine or aggregate similar claims or unrelated transactions. If for any reason a claim proceeds in court rather than in arbitration, each party waives any right to a jury trial.
Notice for California Users: Under California Civil Code Section 1789.3, California residents may file grievances and complaints with: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210, or by email at dca@dca.ca.gov.
Miscellaneous: If any part of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any of the remaining provisions. These Terms of Use and our Privacy Policy contain the entire agreement between you and us relating to the Site and supersede any previous agreements, arrangements, undertakings, or proposals, written or oral, between you and us.
Contact:
GOCYCL
192 Wines Lane Houston, TX 77223
legal@gocycl.com
+1 303-491-6601 | 6:00 AM PST to 6:00 PM PST Monday through Sunday