1.     TERMS OF USE

Revised and effective November 5, 2024

This agreement is entered into by and between you and Yeti Cycling, LLC (“Company”, “we”, “us”, or “Yeti Cycles”), and, together with any documents they expressly incorporate by reference (collectively, these “Terms”), govern your access to and use of www.yeticycles.com, including any content, functionality, and services offered on or through www.yeticycles.com or other website where we post these Terms (the “Website”), and in connection with the sale of products through any Website, and any other services or features you use or receive through any Website (collectively, our “Service”) whether as a guest or a registered user.

ATTENTION: Please read these Terms carefully before using the Service or entering any transaction with Yeti Cycles. By entering into a transaction with Yeti Cycles, you accept and agree to be bound and abide by these Terms, and you acknowledge RECEIPT OF our Privacy Policy, found at www.yeticycles.com/privacy-policy. If you do not want to agree to these Terms or acknowledge RECEIPT OF the Privacy Policy, you must not access or use the Service or enter into a transaction with Yeti Cycling.

2.     ARBITRATION AND CLASS WAIVER NOTICE

THESE TERMS CONTAIN AN ARBITRATION CLAUSE Terms and class action waiver (see “DISPUTE RESOLUTION, ARBITRATION, CLASS WAIVER” section below). Through your agreement to these Terms: (i) you and Yeti Cycles agree to resolve through binding, individual arbitration, and not in court, any and all disputes arising from or relating to any services or products provided, sold, purchased, managed, operated, or fulfilled by Yeti Cycles; and (ii) you and Yeti Cycles each expressly waive any rights to enforce this agreement in court or as a class, subject to the limited exceptions described below. THIS MEANS THAT ALL DISPUTES WILL BE DECIDED BY AN ARBITRATOR AND YOU ARE GIVING UP THE RIGHT TO GO TO COURT AND THE RIGHT TO A TRIAL BY JURY. AS WELL AS THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION.

In addition to mandatory arbitration and class action waivers, these Terms include a disclaimer of warranties and limitation of liability, an indemnification by you, and a limitation on time to file claims. Please review those sections (and all of the other terms) carefully.

3.     ONLINE ORDERS

When placing an order on our Service, you are offering to purchase whatever products and services you select. We reserve the right to accept or reject any order in our own discretion. Should we elect to accept your offer, you will receive a confirming email at the email address that you provide at such time. Notwithstanding, we reserve the right to cancel any order once accepted by us (as evidenced by a confirming email) at any time in our sole discretion. Additionally, you have the option of canceling your order at any time prior to our having sent to you the confirming email referenced herein.

4.     PAYMENT TERMS

All applicable prices are set forth alongside the goods and services offered on the Service. Such prices are subject to change at any time by us in our sole discretion. You will be responsible for the prices stated at the time of your transaction, as well as any: (i) sales, use, excise, and related taxes; and (ii) shipping and handling charges. Payment may only be made with a valid credit card, debit card, or use of a bona-fide electronic payment provider or through a third-party finance company (e.g., Affirm). By using any such card or payment provider, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.

5.     SHIPPING INFORMATION

We will ship your accepted order to you at the address you provided when making the order. We are not responsible for errors in any address you may provide. You are responsible for all associated shipping and handling charges. While use reasonable efforts to meet the shipping and delivery estimates provided online; however, we are not responsible for any delays in shipments.

6.     RETURNS

All orders are subject to the Return Policy in place at the time the order is placed. By placing an order, you are acknowledging that you have read, understood and agreed to be bound by that Return Policy.

7.     BUYER’S REPRESENTATIONS & WARRANTIES

You represent and warrant to us as follows: (i) that you have the right to enter into any transaction made or attempted through the Service without violating these Terms, any applicable law, rule, or regulation, and/or any agreement with, or rights of, any third party; (ii) that you will use the goods and services provided hereunder exactly as authorized and never in any way that would violate any applicable law or third party right of any kind; and (iii) that you are buying goods or services from the Service for solely your own use, and not for resale and/or export.

8.     AGE LIMIT FOR ANY TRANSACTION AND USE OF THE SERVICE

The Service is offered and available to users who are 18 years of age or older. By using our Service, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Service.

9.     CHANGES TO THE TERMS

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Service thereafter. However, any changes to the dispute resolution provisions set out in Dispute Resolution, Arbitration, Class Waiver will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Service.

Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes. Check this page from time to time so you are aware of any changes, as they are binding on you as soon as they take effect. We have no obligation to notify you of changes except as required by law.

10.  ACCESSING THE SERVICE AND ACCOUNT SECURITY

We reserve the right to withdraw or modify our Service, and any features or materials we provide on or through the Service, in our sole discretion, and without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to only certain users, only registered users, or to certain regions. You are responsible for:

  • Making all arrangements necessary for you to have access to the Service.
  • Ensuring that all persons who access the Service through your devices or on your behalf are aware of these Terms and comply with them.

To access the Service or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Service that all the information you provide on the Service is correct, current, and complete. You agree that all information you provide to register with this Service or otherwise, including but not limited to through the use of any interactive features on the Service, is governed by our Privacy Policy yeticycles.com/privacy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Service or portions of it using your username, password, or other account information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit/log out from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information or make unauthorized use of your account.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

11.  INTELLECTUAL PROPERTY RIGHTS

The Service and its entire contents, features, and functionality, including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use the Service for your personal, noncommercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Service for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from this Service.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Service. You must not access or use for any commercial purposes any part of the Service or any services or materials available through the Service.

If you wish to make any use of material on the Service other than that set out in this section, please address your request to: info@yeticycles.com

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Service in breach of the Terms, your right to use the Service will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Service or any content on the Service is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Service not expressly permitted by these Terms is a breach and may violate copyright, trademark, and other laws.

12.  TRADEMARKS

The Company name, the terms YETI, YETI CYCLES, YETI BETI, BETI, YETI TRIBE, YETI GATHERING, TURQ, SWITCH INFINITY and all related names, logos, product and service names, designs, slogans, and turquoise color trade dress are trademarks of the Company. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Service are the trademarks of their respective owners.

13.  PROHIBITED USERS

You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the content standards set out in these Terms.
  • To transmit, or procure the sending of, any advertising or promotional material [without our prior written consent], including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm the Company or users of the Service or expose them to liability.

Additionally, you agree not to:

  • Use the Service in any manner that could disable, overburden, damage, or impair it or interfere with any other party’s use of the Service, including their ability to engage in real-time activities through the Service.
  • Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including “scraping,” monitoring, or copying any of the material on the Service, or training artificial intelligence models, except that you may use robots or similar tools s as reasonably appropriate in order to index the site for search engines.
  • Use any manual process to monitor or copy any of the material on the Service or for any other unauthorized purpose without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Service.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.
  • Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Service.

14.  CHANGES TO THE SERVICE

We may update the content on this Service from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Service may be out of date at any given time, and we are under no obligation to update such material.

15.  LINKING TO THE SERVICE AND SOCIAL MEDIA FEATURES

You may link to our Service, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

This Service may provide certain social media features that enable you to:

  • Link from your own or certain third-party services to certain content on this Service.
  • Send emails or other communications with certain content, or links to certain content, on this Service.
  • Cause limited portions of content on this Service to be displayed or appear to be displayed on your own or certain third-party services.

You may use these features solely as they are provided by us solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any service or account that is not owned by you or operated on your behalf.
  • Cause the Service or portions of it to be displayed on, or appear to be displayed by, any other Service, for example, framing, deep linking, or in-line linking.
  • Link to any part of the Service other than the homepage, or another public page we authorize.
  • Otherwise take any action with respect to the materials on this Service that is inconsistent with any other provision of these Terms, or any applicable terms of any third party (e.g. social media platforms).

The Service from which you are linking, or on which you make certain content accessible, must comply in all respects with the content standards set out in these Terms.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

16.  LINKS FROM THE SERVICE

If the Service contains links to other services and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those service or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party service linked to this Service, you do so entirely at your own risk and subject to the terms and conditions of use for such service.

17.  DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, Yeti Cycles, ITS RELATED ENTITIES, ITS SERVICE PROVIDERS, ITS LICENSORS, AND ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “Yeti Cycles PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, RELATED TO OUR Service. YOU UNDERSTAND AND AGREE THAT YOUR USE OF OUR Service IS AT YOUR SOLE RISK. OUR Service AND ALL CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH THE Service ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE Yeti Cycles PARTIES ARE NOT RESPONSIBLE FOR THE TIMELINESS OF DELIVERY OF CONTENT, ANY FAILURES OF DELIVERY, ERRONEOUS DELETION, OR ANY LOSS OR DAMAGE OF ANY KIND YOU CLAIM WAS INCURRED AS A RESULT OF THE USE OF ANY SITES. UNDER NO CIRCUMSTANCES, WILL ANY OF THE Yeti Cycles PARTIES BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON OUR Service OR ANY CONTENT, PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH OUR ServiceS. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF ANY Yeti Cycles PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL, OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE Yeti Cycles PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

You acknowledge that you may have or may in the future have claims against us which you do not know or suspect to exist in your favor when you agreed to these Terms and which if known, might materially affect your consent to these Terms. You expressly waive all rights you may have under Section 1542 of the California Civil Code, which states:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

IF THIS CLAUSE IS HELD TO BE UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO RELEVANT LAWS, THEN IN NO EVENT SHALL OUR OR THE RELEASEES’ TOTAL LIABILITY TO YOU EXCEED $100.00. NOTHING IN THIS CLAUSE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.

18.  INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Yeti Cycles Parties harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to, any use of the Service’s content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the Service.

19.  LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

20.  DISPUTE RESOLUTION, ARBITRATION, CLASS WAIVER

Any dispute arising out of or relating in any way to your use of our Service or any products, services, or information you receive through our Service, shall be submitted to confidential, binding arbitration in Denver, Colorado before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. No arbitration under these Terms may be joined with another arbitration related to the subject matter hereof. Notwithstanding the foregoing arbitration requirement, with regard to any actual or potential violation of our intellectual property rights, we may seek injunctive or other appropriate relief in the courts of Denver, Colorado, and you hereby consent to the exclusive jurisdiction of such courts and waive all objections thereto. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.

The following processes shall govern the arbitration process:

· Before commencing an arbitration, you agree to inform us of the nature of the claim and the relief you seek by sending an email to disputeresolution@yeticycles.com so stating.

· Within seven (7) days, Yeti Cycles will contact you and thereafter you and we will attempt to resolve the claim or issue in a satisfactory way.

· If, after these attempts at exploring a resolution, you intend to proceed with an arbitration claim, you and we will seek to reach an agreement on the selection of an arbitrator to hear and decide the dispute and how it will be heard, including whether to submit the dispute to the arbitrator only in written form, by proceedings conducted via video or-in person.

In the event that you and we cannot agree on an arbitrator, the process set forth in the Rules and Procedures for Arbitration Pursuant to C.R.S. Section 39-8-108.5 2(C). will be followed. That process allows for a court to select an arbitrator.

21.  WAIVER AND SEVERABILITY

No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

22.  ENTIRE AGREEMENT

You agree and understand that these Terms together with any other applicable click-through agreements you may have entered into regarding our Service constitute the sole and entire agreement between you and Yeti Cycles regarding your use of the Service, in the case of a sale, that transaction, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service.

23.  NOTICE FOR CALIFORNIA USERS.

Under California Civil Code Section 1789.3, California users of our Site are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Platforms of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

24.  YOUR COMMENTS AND CONCERNS

This Service is operated by Yeti Cycles, 621 Corporate Cir, Golden, CO 80401.

Notices to You: We may provide notices hereunder to you by: (i) email; (ii) regular mail; or (iii) posting them on the Service. You shall be responsible for ensuring that you have provided us with your current email and mailing addresses.

Notices from You: All notices of copyright infringement claims should be sent to: info@yeticycles.com.

All other feedback, comments, requests for technical support, and other communications relating to the Service should be directed to: info@yeticycles.com.