Terms

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

Description of Service, Acceptance of Terms, Modification
Pedal Studio, (collectively with our licensees and assignees referred to in this Agreement as “Pedal Studio”) provides users with a platform for the sale, use and distribution of digital content through its network of properties and its affiliates, resellers, and distributors (the “Service”) and the associated website, www.Pedal.com (the “Site”).

Always consult your physician before beginning or changing any exercise regimen.

If you choose to use the Service, you will be agreeing to abide by all of the terms and conditions of this Terms of Service Agreement (the “Agreement”) between you and Pedal Studio. Pedal Studio may change, add or remove portions of this Agreement at any time, but if it does so, it will post such changes on the Site, or send them to you via e-mail or postal mail.

YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING RULES, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES, OR MODIFICATIONS.

Copyright and Trademark Notice
This site is owned and operated by Pedal Studio Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of Pedal Studio, Copyright © 2008, ALL RIGHTS RESERVED. All audio and video clips are the sole property of Pedal Studio or their respective content providers. All software used on the site is the sole property of Pedal Studio or those supplying the software. You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without Pedal Studio’s prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

Pedal Studio’s trademarks or service marks of Pedal Studio, all custom graphics, icons, logos and service names are trademarks or service marks of Pedal Studio. All other trademarks or service marks are property of their respective owners. The use of any Pedal Studio trademark or service mark without Pedal Studio’s express written consent is strictly prohibited.

Third-Party Links
Pedal Studio may provide hyperlinks to third-party web sites as a convenience to users of the Website. Pedal Studio does not control third-party websites and is not responsible for the contents of any linked-to, third-party websites or any hyperlink in a linked-to website. Pedal studio does not endorse, recommend or approve any third-party website hyperlinked from the Website. Pedal Studio will have no liability to any entity for the content or use of the content available through such hyperlink.

Privacy Policy
At Pedal Studio, we are committed to honoring and respecting your individual privacy. We believe that your personal information, including your email address is private information. You have our assurance that we do not rent or sell your email address to anyone. We use your email to send you newsletters and information on upcoming events at Pedal Studio. You may unsubscribe from our email list at any time.

Warranty Disclaimer
This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Pedal Studio disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Pedal Studio does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Pedal Studio does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability
Pedal Studio shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Pedal Studio has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Typographical Errors
In the event that Pedal Studio has mistakenly listed at an incorrect price, Pedal Studio reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Pedal Studio reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Pedal Studio shall issue a credit to your credit card account in the amount of the incorrect price.

Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Pedal Studio without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of Minnesota, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Pedal Studio shall be in the state or federal courts located in Minneapolis, Minnesota. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Pedal Studio products) must be commenced within one (1) year after the claim or cause of action arises. Pedal Studio’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Pedal Studio may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Pedal Studio or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasion of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer
Pedal Studio does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Pedal Studio is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Pedal Studio reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Pedal Studio in its sole discretion.

Indemnification
You agree to indemnify, defend, and hold harmless Pedal Studio, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.