Términos y condiciones

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Biking Closet Messaging Terms & Conditions

You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from Biking Closet, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply.

Message frequency will vary. Biking Closet reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Biking Closet also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so.

Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Biking Closet, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.

You also agree to our Biking Closet Terms of Use and Biking Closet Privacy Policy.

We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).

Cancellation

Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that Biking Closet and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Biking Closet through any other programs you have joined until you separately unsubscribe from those programs.

Help

Text the keyword HELP to our shortcode to return customer care contact information.

Customer Care

If you are experiencing any problems, please email info@bikingcloset.com

Dispute Resolution

1. General.      In the interest of resolving disputes between you and Biking Closet in the      most expedient and cost effective manner, you and Biking Closet agree that      any dispute arising out of or in any way related to these messaging terms      and conditions ("Messaging Terms") or your receipt of text      messages from Biking Closet or its service providers will be resolved by      binding arbitration. Arbitration is less formal than a lawsuit in court.      Arbitration uses a neutral arbitrator instead of a judge or jury, may      allow for more limited discovery than in court, and can be subject to very      limited review by courts. Arbitrators can award the same damages and      relief that a court can award. This agreement to arbitrate disputes      includes all claims arising out of or in any way related to these      Messaging Terms, or your receipt of text messages from Biking Closet or      its service providers whether based in contract, tort, statute, fraud,      misrepresentation, or any other legal theory, and regardless of when a      claim arises. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE      MESSAGING TERMS, YOU AND Biking Closet ARE EACH WAIVING THE RIGHT TO A      TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING      TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
2. Exceptions.      Notwithstanding subsection (a) above, nothing in these Messaging Terms      will be deemed to waive, preclude, or otherwise limit the right of you or Biking      Closet to: (i) bring an individual action in small claims court; (ii)      pursue an enforcement action through the applicable federal, state, or      local agency if that action is available; (iii) seek injunctive relief in      aid of arbitration from a court of competent jurisdiction; or (iv) file      suit in a court of law to address an intellectual property infringement      claim.
3. Arbitrator.      Any arbitration between you and Biking Closet will be governed by the      Federal Arbitration Act and the Commercial Dispute Resolution Procedures      and Supplementary Procedures for Consumer Related Disputes (collectively,      "AAA Rules") of the American Arbitration Association      ("AAA"), as modified by these Messaging Terms, and will be      administered by the AAA. The AAA Rules and filing forms are available      online at www.adr.org, by calling the AAA at 1-800-778-7879, or by      contacting Biking Closet. The arbitrator has exclusive authority to      resolve any dispute relating to the interpretation, applicability, or      enforceability of this binding arbitration agreement.
4. Notice;      Process. If you or Biking Closet intends to seek arbitration, then the      party seeking arbitration must first send a written notice of the dispute      to the other party by U.S. Mail ("Notice"). Biking Closet      address for Notice is: Attn: Chief Executive Officer. The Notice must: (i)      describe the nature and basis of the claim or dispute; and (ii) set forth      the specific relief sought ("Demand"). You and Biking Closet      will make good faith efforts to resolve the claim directly, but if you and      Biking Closet do not reach an agreement to do so within 30 days after the      Notice is received, you or Biking Closet may commence an arbitration      proceeding. During the arbitration, the amount of any settlement offer      made by you or Biking Closet must not be disclosed to the arbitrator until      after the arbitrator makes a final decision and award, if any. (e) Fees.      If you commence arbitration in accordance with these Messaging Terms, Biking      Closet will reimburse you for your payment of the filing fee, unless your      claim is for more than $15,000 or as set forth below, in which case the      payment of any fees will be decided by the AAA Rules. If the claim is for      $15,000 or less, you may choose whether the arbitration will be conducted:      (i) solely on the basis of documents submitted to the arbitrator; (ii)      through a non-appearance based telephone hearing; or (iii) by an in-person      hearing as established by the AAA Rules. If the arbitrator finds that either      the substance of your claim or the relief sought in the Demand is      frivolous or brought for an improper purpose (as measured by the standards      set forth in Federal Rule of Civil Procedure 11(b)), then the payment of      all fees will be governed by the AAA Rules. In that case, you agree to      reimburse Biking Closet for all monies previously disbursed by it that are      otherwise your obligation to pay under the AAA Rules. Regardless of the      manner in which the arbitration is conducted, the arbitrator must issue a      reasoned written decision sufficient to explain the essential findings and      conclusions on which the decision and award, if any, are based. You and Biking      Closet agree that such written decision, and information exchanged during      arbitration, will be kept confidential except to the extent necessary to      enforce or permit limited judicial review of the award. The arbitrator may      make rulings and resolve disputes as to the payment and reimbursement of      fees or expenses at any time during the proceeding and upon request from      you or Biking Closet made within 14 days of the arbitrator's ruling on the      merits.
5. No      Class Actions. YOU AND Biking Closet AGREE THAT EACH MAY BRING CLAIMS      AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR      CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further,      unless both you and Biking Closet agree otherwise in a signed writing, the      arbitrator may not consolidate more than one person's claims, and may not      otherwise preside over any form of a representative or class proceeding.
6. Modifications      to this Arbitration Provision. Notwithstanding anything to the contrary in      these Messaging Terms, if Biking Closet makes any future change to this      arbitration provision, other than a change to Biking Closet address for      Notice, you may reject the change by sending us written notice within 30      days of the change to Biking Closet address for Notice, in which case this      arbitration provision, as in effect immediately prior to the changes you      rejected, will continue to govern any disputes between you and Biking      Closet.
7. Enforceability.      If an arbitrator decides that applicable law precludes enforcement of any      of the limitations of subsection (f) above (addressing class,      representative and consolidated proceedings) as to a particular claim for      relief, then that claim (and only that claim) must be severed from the      arbitration and brought in court. If any other provision of these      Messaging Terms is found to be unenforceable, the applicable provision      shall be deemed stricken and the remainder of these Messaging Terms shall remain      in full force and effect.