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LINUS BIKE TERMS OF USE

Please read carefully before using this site:
This website is operated by Linus Bike, Inc. (“Linus”). By using this site, you are agreeing to these Terms of Use. If you do not agree with these Terms of Use, please do not use this site. We reserve the right to change, modify, add or remove portions of these Terms at any time, so please check back periodically for changes. Your continued use of this site after changes to these terms (including the Privacy Policy) will constitute your acceptance of such changes.

These Terms of Use apply to any and all websites associated with Linus and all affiliated domains that link to these Terms of Use, including the site operated for our customers in the European Union at www.linusbike.eu.

Privacy Policy
Your privacy is important to us and we want to make sure it is protected. The collection and processing of your personal data and browsing data in connection with your access and use of this site and our services are governed by our Privacy Policy, which forms an integral part of these Terms of Use.

Use of Materials Restrictions
This website and all materials on the website, including, but not limited to, images, illustrations, descriptions, and articles (the "Materials") are the property of and its affiliates and are protected from unauthorized copying and dissemination by copyrights that are owned or licensed by Linus and by copyright law, trademark law, international conventions and other intellectual property laws. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Materials from www.linusbike.com, or any other site owned or operated by Linus without the prior written permission of Linus. However, you may download or make one copy of the Materials and other downloadable items displayed on the website, provided that the same are not used for any commercial purpose, distributed to third parties or offered for sale to third parties, and further provided that all copyright and other notices contained in the Materials are left intact. Any modification of the Materials, or any portion thereof, or use of the Materials for any other purpose constitutes an infringement of Linus’s copyrights and other proprietary rights. Use of these Materials on any other website or other networked computer environment is prohibited without prior written permission from Linus. Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this website or any information displayed on this website, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms of Use; or (b) with the prior written permission of Linus or such third party that may own the trademark or copyright of information displayed on this website.

Trademarks
Linus and its related names and logos are all trademarks and/or trade names owned or licensed by Linus and are protected by law. Other trademarks and/or trade names not specifically listed here, but which are associated with Linus, are protected by law as well. All trademarks, copyrights, logos, and symbols constitute the intellectual property of Linus or its affiliated companies and are protected by federal and state law and may not be copied or imitated in whole or in part. Any unauthorized use of these trademarks and trade names is strictly prohibited. Linus will take all necessary legal action available to it at law or in equity in order to enforce its intellectual property rights.


Notification of Copyright Infringement
In accordance with the Digital Millennium Copyright Act ("DMCA") (available at the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf), Linus will respond to notices of alleged infringement that are reported to Linus.

If you believe in good faith that material appearing on the website infringes your copyright, you (or your agent) may send Linus a written notification pursuant to the DMCA (a "DMCA Notice"). Your DMCA Notice should be sent to our Copyright Agent (identified below), contain all of the information set forth in 17 U.S.C. § 512(c)(3) and request that the material be removed or that access to it be blocked.

You must submit any notification of an alleged copyright infringement to Linus’ Copyright Agent by mail or email as set forth below:

Linus Copyright Agent
Attn: Legal
12655 W. Washington Blvd, Suite 202, Los Angeles, California USA 90066
Email: hello@linusbike.com (please reference "Linus DMCA Notice")

If you fail to comply with all of the above requirements, your DMCA Notice will not be valid. Please note that you may be liable for damages, including court costs and attorneys' fees, if you materially misrepresent that materials on the website are infringing a copyright.

Social Media Tag Usage
By using #LINUSBIKE, @LINUSBIKE and any other similar social media tag in any way related to the website, each user agrees to provide Linus with an unrestricted, irrevocable, royalty-free, perpetual, fully paid-up, transferable, worldwide license to use the uploaded image(s) in any and all marketing materials, on Linus’ website, and through all social media channels. Each user represents and warrants that uploaded images do not infringe the intellectual property rights of any third party, including, but not limited to, copyrights and trademark rights.

Order Acceptance
The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Linus reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of an order. Prices and availability of products on the website are subject to change without notice. Errors will be corrected when discovered and Linus reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted). Linus reserves the right, at its sole discretion, to refuse or cancel any order for any reason.

Third Party Products and Services
Linus is not responsible for the content of any sites that may be linked to or from this website, nor do we make any representations or warranties of any kind regarding any products or services offered by any third parties whose icons, products, services or hyperlinks appear on the website. These links are provided for your convenience only and you access them at your own risk. Any other site accessed from this website is independent from Linus, and Linus has no control over the content of that other site. In addition, a link to any other site should not be construed as approval or endorsement by Linus of that third party or of any product or service provided by a third party. Your correspondence or business dealings with third parties found on or through this website, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties. We will not be involved in resolving any disputes relating to or arising out of any correspondence or business transaction between you and any such third parties.

Product Warranty
The terms and conditions of Linus’ product warranty are set forth in the Warranty section of our website.

DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY
THIS WEBSITE IS PROVIDED BY LINUS ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LINUS MAKES NO REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, THIRD PARTY CONTENT, MATERIALS, PRODUCTS, SERVICES OR LINKED SERVICES PROVIDED ON OR THROUGH THE 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 THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

TO THE MAXIMUM EXTENT PERMITTED BY LAW AND WITH THE EXCEPTION OF APPLICABLE LEGAL WARRANTIES, LINUS DISCLAIMS ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL LINUS, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITES, INCLUDING, BUT NOT LIMITED TO, DIRECT OR INDIRECT DAMAGES OR ANY DAMAGES OF ANY TYPE OR NATURE ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SITE OR ANY LINKED SITES OR SERVICES; IN THE EVENT A THIRD PARTY INTERCEPTS OR DECRYPTS ANY TRANSMISSION OF INFORMATION THAT YOU PROVIDE TO LINUS 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, 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 DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Indemnity
You agree to indemnify and hold Linus and its agents harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (i) your use of the website, including any content you submit, post to or transmit through the website, (ii) your violation of these Terms of Use or (iii) your violation of any rights of another user.

Your Responsibilities
You agree to comply with all applicable laws in connection with your use of the website, and such further limitations as may be set forth in any written or on-screen notice from Linus. As a condition of your use of this site, you warrant that you will not use the website for any purpose that is unlawful or prohibited by these Terms of Use. All information that you provide in connection with any interaction with this site must be accurate, complete, and current.

By using this website, you agree not to violate or attempt to violate the security of the site, including, by way of illustration but not 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," "mail bombing," 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.

Applicable Laws
This website is presented by Linus from within the United States and its territories, and Linus makes no representation that materials in the website are appropriate or available for use in locations outside the United States. In addition, you are responsible for complying with any and all local laws in your jurisdiction that may impact your right to use the website.

Jurisdiction and Venue
You agree that any legal action brought against Linus shall be governed by the laws of the State of California without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on the Linus sites shall be an appropriate federal or state court located in Los Angeles County, California.

Communications with Linus
For all communications made to or with Linus, including but not limited to feedback, questions, comments, suggestions and the like: (i) you will have no right to confidentiality in your communications and Linus will have no obligation to protect your communications from disclosure; (ii) Linus will be free to reproduce, use, disclose and distribute your communications to others without limitation; and (iii) Linus will be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information.

Questions About our Terms of Use
If you have questions about these Terms of Use or Linus generally, please contact us in any manner listed in the Contact Us section of our website.


Updated August 2018

 

LINUS BIKE PRIVACY POLICY

 

Our Commitment to Your Privacy

Linus Bike, Inc. (“Linus”) respects your privacy. We are particularly sensitive to privacy issues on the Internet and therefore we provide this Privacy Policy so you know about our practices and understand how we treat the information we receive about you from our website.

 

This Privacy Policy applies to personal information collected on any and all websites associated with Linus and all affiliated domains that link to this Policy, including the site operated for our customers in the European Union at www.linusbike.eu. This Privacy Policy also explains the choices you have about the way this information is collected and used.

 

Your use of this website is also expressly subject to our Terms of Use. By using the Linus website you consent to the terms of this Privacy Policy, and you signify your assent to all of the terms of this Privacy Policy and our Terms of Use. If you do not agree with any terms of this Privacy Policy or our Terms of Use, please do not use this site or submit any personal information to Linus.

 

We encourage you to periodically review this Privacy Policy to keep up to date on how we are handling your personal information.

 

The Information We Collect

 

Cookies

What is a cookie? A cookie is a small amount of data, which may include a unique identifier. Cookies are sent to your browser from a website and stored on your device. We assign a different cookie to each device that accesses our website.

 

We use cookies to recognize your device and provide you with a personalized experience on our website, including our shopping cart. We also use cookies to serve targeted ads from Google, Facebook, and other third-party vendors. Our third-party advertising partners use cookies to track your prior visits to our websites and elsewhere on the Internet in order to serve you targeted ads. We may also use other automated tracking methods on our website, in communications with you, and in our products and services, to measure performance and engagement.

 

Please note that because there is no consistent industry understanding of how to respond to “Do Not Track” signals, we do not alter our data collection and usage practices when we detect such a signal from your browser.

 

Who is the Data Controller?

 

The controller of your personal data is: Linus, whose office is located in the United States at 12655 W. Washington Blvd, Suite 202, Los Angeles, California USA 90066 whose email address for EU customers is: eusales@linusbike.com and whose telephone number is 0031 (0) 6 16 440031. For US customers, our email is and our telephone number is 310.822.7722.

 

When you provide your personal information to Linus, Linus shall comply with the applicable local regulations. The subsequent processing of your personal data for the management of your relationship with us or the contractual relation related to our products and services, or for the implementation of our commercial policy is carried out under the supervision and according to the commercial policy of Linus, as data controller.

 

The Way We Use Information

We may use your personal information to operate our site and for particular purposes such as marketing research and other marketing purposes and for providing you with the latest promotional information and other information that might be useful to you. We may use your personal information to deliver information to you and to contact you regarding administrative notices. We may share this information with our business partners to support your customer relationship with the company, however, we will not rent or sell your personally identifiable information to others.

 

Advertising

Linus will target advertising based on personal information provided by users and inferred from site usage. This may include gender, age, or geographic data. Linus does not provide any personally identifiable information to the advertiser when you interact with or view a targeted ad. However, by interacting with or viewing an ad you are consenting to the possibility that the advertiser will make the assumption that you meet the targeting criteria used to display the ad. We may bundle and share the non-personal information we collect from you and other users with advertisers, third parties, and trusted partners so that they display advertising that better suits the interests of users of our site. We may aggregate your personal information with information about others. In that case we will make your information non-personally identifiable by removing your name and other characteristics that would identify it as you. We may use and/or share the resulting non-personal information with third parties.

 

Legal Requirements

We may disclose your personal information if required to do so by law (including, without limitation responding to a subpoena or request from law enforcement, court or government agency) or in the good faith belief that such action is necessary (i) to comply with a legal obligation or a request from an administrative or judicial authority, (ii) to protect or defend our rights, interests or property or that of other customers or users, (iii) to act in urgent circumstances to protect the personal safety of users of the Websites or the public or (iv) to protect against legal liability or potential fraud, as determined in our sole discretion.

 

Other Uses

We may also use and share your personal data for other legitimate business reasons not specified herein. We will periodically update this Privacy Policy to inform you of any changes to our data use and sharing practices.

 

Updating and Correcting Your Personal Information

You may access, correct or delete your personal information by contacting us in any manner set forth in the “Contact Us” section of our website. Please include your name, address, and/or email address when you contact us. We encourage you to promptly update your personal information if it changes.

 

You may decline to share certain personal data with us, in which case we may not be able to provide you with certain of our services through the website.

 

Your Choice on Collection and Use of Your Information

We may, from time to time, send you electronic mailings and other direct communications, regarding our services. We will send you these mailings only if you elected to receive these offers. If you do not wish to receive further information from Linus you can send us an e-mail at hello@linusbike.com and tell us that you do not want to receive future communications. You may ask to have the information on your account deleted or removed, however, because we keep track of past transactions, you cannot delete information associated with past transactions on our website. In addition, it may be impossible to completely delete your information without some residual information because of backups.

 

At any time, you may object to the processing of your personal data, on legitimate grounds, except if otherwise permitted by applicable law.

 

We will encourage our service partners to adopt and post privacy policies. However, the use of your personal information by our service partners is governed by the privacy policies of those service partners and is not subject to our control. The Linus website may contain links to other non-Linus websites. Linus is not responsible for the privacy practices or the content of such websites and you should exercise your best judgment when sharing personal information on these websites.

 

Data Retention

We only retain your personal information for so long as your account is active or otherwise for a limited period of time as long as we need it to fulfill the purposes for which we have initially collected it, unless otherwise required by law. We will retain and use information as necessary to comply with our legal obligations, resolve disputes, and enforce agreements.

 

By virtue of the European General Data Protection Regulation n°2016/679, the retention of personal data relating to any user residing within a Member State of the European Union is summarized in the table below, which describes the maximum periods for which personal data of EU residents will be stored by us according to the purpose for which their personal data is collected and processed.

 

These maximum periods apply unless you have requested your personal data to be deleted or ceased being used before these expiration periods, subject to any mandatory legal requirement applicable to data retention.

 

 

Transfers of Personal Data Outside the European Union

If you are visiting our website from the EU, please be aware that you may send information (including personal data) outside the European Union to the United States where our servers may be located. We will hold and process your personal data in accordance with the applicable laws and regulations regarding these transfers. To this end, we will accomplish any appropriate formalities to authorize this transfer by obtaining your consent, as appropriate.

 

Our Commitment to Security of Your Personal Information

We want you to have continuing trust in Linus and in our services and, so, we have put in place reasonable physical, electronic and managerial procedures to safeguard and secure your personal information.

 

Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, you acknowledge that: (a) there are security and privacy limitations of the Internet which are beyond our control; (b) the security, integrity and privacy of any and all information and data exchanged between you and us through our website cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third party.

 

Use of Google Analytics on this Website

This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”) Google Analytics uses cookies, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on its servers. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage.  Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google.  You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website.  By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

 

Children's Privacy Policy

The Children's Online Privacy Protection Act ("COPPA") requires that we inform parents and legal guardians about how we collect, use, and disclose personal information from children under 13 years of age, and that we obtain the consent of parents and guardians in order for children under 13 years of age to use certain features of our websites.  Linus does not knowingly collect any information from children under the age of 13.

 

We may amend our Children's Privacy Policy at any time. We will provide parents notice by email or posting on our website of any material changes in the way we intend to collect, use, and/or share a child's personal information. We will apply material changes in our Children's Privacy Policy only in conformance with applicable law, including any applicable provisions of COPPA that require parental consent.

 

Changes to this Policy

Our Privacy Policy may change from time to time. We will not reduce your rights under this Privacy Policy without your explicit consent. We will post any Privacy Policy changes on this page and, if the changes are significant, we will provide a more prominent notice (including, for certain services, email notification of Privacy Policy changes). We will also keep prior versions of this Privacy Policy in an archive for your review.

 

Questions About our Privacy Policy

If you have questions about this Privacy Policy or Linus generally, please contact us in any manner listed in the Contact Us section of our website.

 

 

Updated August 2018