Last changed: June 1, 2018

ElliptiGO Incorporated (“ElliptiGO”) has set forth this privacy policy to let you know how we treat the information that we collect from you, how that information is used, with whom we share it, and your choices about such uses and disclosures.

When you use this website, you are consenting to the collection, transfer, storage, disclosure and other uses of your information as described in this Privacy Policy.

This Privacy Policy does not apply to the practices of third parties that we do not own or control, including third party websites, or to individuals that we do not manage or employ. While we attempt to facilitate access to those third party services that share our respect for your privacy, we cannot take responsibility for the content or privacy policies of those third party services. We encourage you to carefully review the privacy policies of any third party services that you access.

If you have any questions about our privacy practices, please contact us at +1.888.796.8227, [email protected], or at our address:

ElliptiGO Inc.
722 Genevieve St.
Suite O
Solana Beach, CA 92075

Information We Collect About You

Purchases. If you choose to make a purchase through our website, we may collect some or all of the following information:

• Full name
• Email address
• Mailing address
• Phone number
• Other required or optional information as may be necessary or requested

In addition, you may be given the opportunity to create an account with a user name and password. You should keep your password secure and not share it with anyone.

Financial Information. If you make a purchase thorough our website, you may be asked to provide your payment information, such as a credit card number and/or other related information that may be required from you to complete your purchase (“Financial Information”). Unless we tell you otherwise at the time of your purchase or application for financing, we do not collect, store or maintain your Financial Information. Instead, we provide a gateway to a third-party payment processor who collects that information and processes your payment; the use and storage of your Financial Information is governed by the third-party payment processor’s terms, conditions and privacy policies. If you apply for or otherwise take part in a financing offer through one of our financing partners, you will be asked to provide information (which may include Financial Information) to that financing partner. The use of that information by the financing partner will be subject to the financing partner’s terms, conditions and privacy policies. Our treatment of any Financial Information that we may process on your behalf, or that we receive from our financing partners, is subject to this Privacy Policy.

Test Ride Sign Up. If you sign up for a test ride through our website, we may collect some of the following information:

• Zip Code
• City
• State
• Email address

Contact Us, Bike Registration, Chat and Newsletter Sign Up Forms. If you fill out a form on the Contact Us page, register your purchase through our Registration page, input your email address into our newsletter sign up form, or submit a question through our chat box, we may collect some of the following information:

• Name
• How you describe yourself
• Physical address
• Where you purchased your ElliptiGO product
• Zip Code
• Email address
• Phone number

Inbound emails. If you send an email to [email protected], [email protected] or [email protected], we may collect some of the following information:

• Name
• Email address

Other Information Collected Automatically

IP and Device Identifiers. This website automatically collects usage information, such as the number and frequency of visitors to the site. We may also collect device-specific information including a unique device identifier, media access control address, network information, and hardware model, as well as non-personally identifiable usage and traffic data and information about how the device interacts with the website. This type of data enables us and third parties authorized by us to figure out how often individuals use parts of the website and learn more about our users’ demographics and Internet behaviors, so that we can analyze, operate and improve our products and services.

Cookies. When you visit this website, we may automatically collect information from your web browser, including your IP address, and may assign your computer one or more cookies to facilitate access to the website and to analyze and personalize your online experience. Cookies may automatically collect information about your online activity on the website, such as the web pages you visit, the links you click, and the searches you conduct on our site. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you choose to decline cookies, you may not be able to sign in or use some of the interactive features we offer. This Privacy Policy covers our use of cookies and similar technologies only and does not cover uses by third parties.

How We Use the Information We Collect

We may use information that we collect about you to:

• to provide you with the products that you purchase from us
• to send you marketing communications about our company and products
• to communicate with your regarding the status of your products and to allow you to communicate with us
• perform research and analysis about your use of, or interest in, our products, services, or content, or products, services or content offered by others
• perform functions as otherwise described to you in this Privacy Policy or at the time of collection

With Whom We Share Your Information

We do not share your personal information with any third parties without your consent, except as may be necessary to deliver email messages to you, provide analytics and systems analysis for our internal use, process your payment information and/or provide other products and services that you have requested from us, or as further described in this section.

Promotions. Notwithstanding the foregoing, from time to time we may run promotional or marketing efforts, such as contests, sweepstakes and/or giveaways with third parties (collectively, “Promotions”). If you choose to participate in any such Promotions, then any personal information you provide in order to participate in a Promotion may be shared with such third parties and be subject to their privacy policies. In addition, you may be provided the opportunity to share your information through third party services like Facebook and Strava, if you choose to do so.

Financial Information. As described above, unless we tell you otherwise at the time you provide Financial Information, we do not store, process or maintain Financial Information. The use and storage of your Financial Information is governed by our payment processor’s and/or financing partner’s terms, conditions and privacy policies.

Advertising and Analytics Services Provided by Others. We may use analytics service providers to analyze how you interact and engage with the website so we can learn and make enhancements to offer you a better experience. We also allow others to serve advertisements on our behalf across the Internet. These entities may use cookies, web beacons and other technologies to collect information about you. This information may be used by us and others to, among other things, analyze and track data, determine the popularity or effectiveness of certain content, deliver advertising and content targeted to your interests, and better understand your online activity.

Other Situations. We may also disclose your information:

• In response to a subpoena or similar investigative demand, court order, or request for cooperation from law enforcement or other government agencies; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us.
• In connection with a corporate transaction, such as the sale of our business or offering of securities, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy. In any of these cases user information, including personal information, could be one of the assets transferred to or acquired or accessed by a third party.
• We reserve the right to access, read, preserve, and disclose any information that we reasonably believe is necessary to comply with any law or order as described above, to enforce or apply our Terms of Service and other agreements, or to protect the rights, property, or safety of ElliptiGO, our employees, our users, or others.

Your Choices Regarding Your Information

You can always opt not to disclose certain information to us.

Email Opt Out. If you have provided us with your email address and you would like to stop receiving marketing emails from us, click on the unsubscribe link at the bottom of any of our email communications. It may take up to 5 business days to process your unsubscribe request.

Please note that even if you opt out of receiving marketing communications from us, we reserve the right to contact you for non-marketing reasons related to your ElliptiGO products, such as for password recovery purposes, recall notifications, or for customer service support that you have requested.

Notice to California Residents. California residents are entitled to ask us for a notice that identifies the categories of personal information that we share with third parties for marketing purposes and that provides contact information for such third parties. If you are a California resident and would like a copy of this notice, please submit a written request to the mailing address at the bottom of this Privacy Policy. Telephone requests cannot be accepted. Please note that our response will include only information about our sharing practices for information covered by the law.

How We Protect Your Personal Information

We strive to take appropriate security measures (including physical, electronic and procedural measures) to help safeguard your personal information from unauthorized access and disclosure. For example, only authorized employees are permitted to access personal information, and they may do so only for permitted business functions. In addition, we use encryption in the transmission of sensitive personal information between your system and ours, and we use firewalls to help prevent unauthorized persons from gaining access to personal information. Please keep in mind, however, that no method of storage or transmission over the Internet is completely secure, so your use of the website and provision of information to us is at your own risk.

Children’s Privacy

The website is intended for a general audience, and we do not knowingly collect personal information from children under the age of 13. If you are under 13, please do not attempt to sign up for a test ride, email us, contact us through the Contact Us page, or initiate a chat session with us. If we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at the address at the end of this Privacy Policy.

Visiting Our Websites from Outside the United States

This Privacy Policy is intended to cover collection of information from residents of the United States. If you are accessing the website from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States where our servers are located. The data protection and other laws of the United States might not be as comprehensive as those in your country.

Changes to this Privacy Policy

We may update this Privacy Policy to reflect changes in our practices and services. When we make changes to this Privacy Policy, we will at a minimum revise the “last updated” date at the top of this Privacy Policy when we post the new Privacy Policy. If you use the website after changes to the Privacy Policy have been posted, you are agreeing to all of those changes.

Terms of Use

As a condition of using this website, you agree to the following 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.

PRIVACY POLICY

Please review our Privacy Policy.

USE OF MATERIALS; RESTRICTIONS

Copyrights

This website and all materials on the website, including, but not limited to, the layout, design, images, illustrations, color schemes, videos, text content, articles, and postings (the “Materials”) are the property of ElliptiGO Incorporated (ElliptiGO). The Materials are subject to applicable copyright laws, trademark laws, international conventions and other intellectual property laws. By using this site, you agree not to reproduce, copy, reuse, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Materials from elliptigoblvr.wpengine.com or any of its associated microsites without the prior written permission of ElliptiGO. However, you may download or make one copy of the Materials and other downloadable items displayed on the website or associated microsites, 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 ElliptiGO’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 ElliptiGO.

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 ElliptiGO or such third-party that may own the trademark or copyright of information displayed on this website.

Trademarks
ElliptiGO and its logos are all trademarks and/or trade names owned or licensed by ElliptiGO and are protected by law. Other trademarks and/or trade names not specifically listed here, but which are associated with ElliptiGO, are protected by law as well. All trademarks, copyrights, logos, and symbols constitute the intellectual property of ElliptiGO 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.

THIRD PARTY PRODUCTS & SERVICES

ElliptiGO 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 sites other than ElliptiGO microsites that are accessed from this website are independent from ElliptiGO and we have 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 ElliptiGO 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.

DISCLAIMER OF WARRANTY & LIMITATION OF LIABILITY

This website and all elements thereof are provided on an “as is” basis without warranty of any kind, express or implied. ElliptiGO disclaims all warranties, express and implied, including without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. If you rely on this website or any information, product or service available through this website, you do so at your own risk. ElliptiGO does not warrant that the site will operate or perform in a manner that is uninterrupted or error-free, or that the site or host server will be maintained free of viruses or other harmful code. Some states and jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you. The foregoing shall be enforceable to the maximum extent permitted by applicable law.

Under no circumstances and regardless of legal theory, whether in tort, contract or otherwise, will ElliptiGO be liable to you or any other party for any damages, including, but not limited to, indirect, special, incidental, reliance, or consequential damages, however caused, and regardless of character, including without limitation, relating to your use of this website, any product or service linked to from or advertised or promoted on this website, lost data, computer failure or malfunctioning, or otherwise. Some states and jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you. The foregoing shall be enforceable to the maximum extent permitted by applicable law. You agree to this allocation of risk in relation to your use of the site.

JURISDICTIONS & VENUE

You agree that any legal action brought against ElliptiGO shall be governed by the laws of the State of California without regard to its conflict of law principles and shall take place in the appropriate federal or state court located in the County of San Diego, California.

Terms of Sale

Credit Cards and PayPal
We accept the following credit cards: Visa, MasterCard, AMEX,and Discover. We also accept payment via PayPal. There is no surcharge for using your credit card or PayPal to make purchases. Your credit card or PayPal account will be billed upon shipment of your order, unless otherwise noted. Please be sure to provide your exact billing address and telephone number (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 which we are not responsible. Your credit card or PayPal account will be billed upon shipment of your order.

Financed Orders
Orders placed using financing provided by our third-party financing vendor are subject to the terms and conditions set forth in the financing contract.

Multiple Product Orders
When ordering more than one product, we will attempt to ship all products at the same time. However, ElliptiGO bicycles may ship separately from accessories. Products that are unavailable at the time of shipping may be shipped as they become available or may be held until the entire order is available, at our discretion. You will be charged for products as they are shipped. In the event that your order ships on different days, the entirety of your shipping charge may be applied to the first product(s) shipped.

Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order. ElliptiGO Inc. reserves the right at any time after receipt of your order to accept or decline your order for any reason or to supply less than the quantity you ordered of any item. If ElliptiGO Inc. elects to decline an order after it has been paid for, then ElliptiGO Inc. will refund the entire amount paid. If ElliptiGO Inc. elects to supply a lower quantity than was ordered after the full quantity has been paid for, ElliptiGO Inc. will refund the amount charged for the portion of the order that was declined.

Out-of-Stock Products
Usually, products ship within 2-3 business days. However, there may be times when the product you have ordered is out-of-stock, which will delay fulfilling your order. We will keep you informed of any products that you have ordered that are out-of-stock and unavailable for immediate shipment. You may cancel your order at any time prior to shipping and receive a full refund of any monies delivered to us.

Returns
We guarantee that you will love your ElliptiGO products and accessories. If you make your purchase directly from ElliptiGO, you can return an item for any reason within 30 days of purchase for a full refund, less return shipping charges, if any (expedited outbound shipping charges will not be refunded). For apparel, gloves, and helmets: the item must be in restock-able condition, meaning that all tags and/or stickers are still on the product. The item may be tried on for fit, but not used. Any returned item that is damaged or is missing parts for reasons other than our error may receive a partial refund, which we will inform you about upon receipt of the return. If you are thinking of returning a product to ElliptiGO for any reason, please keep the box and all original packing materials for the return shipment. Just contact us at [email protected] to arrange the return, and we will send you more details. If you purchased from an authorized dealer, that dealer’s return policy will apply instead.

Shipping Policy
Most orders will ship within 2-3 business days. We cannot guarantee when an order will arrive. Consider any shipping or transit time offered to you by ElliptiGO Inc. or other parties only as an estimate. We encourage you to order in a timely fashion to avoid delays caused by shipping or product availability.

Taxes
ElliptiGO Inc. charges sales tax on orders that will be delivered to addresses within the states where ElliptiGO Inc. believes it has nexus for sales tax purposes. For orders shipped to states where ElliptiGO does not believe it has nexus for sales tax purposes, the purchaser is solely responsible for all sales, use or other taxes related to the purchase.

Typographical Errors
If a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers or for any other reason, ElliptiGO Inc. has the right to refuse or cancel any orders placed for said product. ElliptiGO Inc. has 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 a purchase at an incorrect price and your order is canceled, ElliptiGO Inc. shall refund the amount charged.

Modifying the Terms & Conditions
All orders placed through elliptigoblvr.wpengine.com are governed by the Terms & Conditions in effect at the time the order is placed. These Terms & Conditions supersede any terms and/or conditions you include with any purchase order. We reserve the right to make changes to these Terms & Conditions at any time. If this happens, we will notify you by posting the new Terms & Conditions on the website.