Terms & Conditions
PLEASE READ THESE CANYON BICYCLES SMS TERMS AND CONDITIONS CAREFULLY BEFORE SIGNING UP FOR ANY CANYON BICYCLES USA INC. (“CANYON BICYCLES” OR “WE” OR “US”) TEXT MESSAGING PROGRAM. BY SIGNING UP FOR ONE OR MORE OF CANYON BICYCLES’ TEXT MESSAGING PROGRAMS, YOU AGREE TO ABIDE BY AND BE BOUND TO THESE SMS TERMS AND CONDITIONS. THESE SMS TERMS AND CONDITIONS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT AFFECT HOW DISPUTES WITH CANYON BICYCLES ARE RESOLVED.
By signing up for one or more text messaging programs, you expressly consent to receive marketing or non-marketing text messages, as applicable, from Canyon Bicycles and others texting on its behalf and you agree to be bound by these SMS terms and conditions. You acknowledge that text messages will be made with an automatic telephone dialing system (“autodialer”), at the telephone number(s) that you provide. You may opt-out of these communications at any time. Consent to receive text messages is not required and consent is not a condition of any purchase.
If you do not agree with these SMS terms and conditions, you must immediately cease using these services and opt-out, as described below. We may update or amend this Agreement at any time, and such amendments will be effective upon our posting of the updated SMS terms and conditions on our website. We may also elect to send you a text message to your mobile number to advise you of such amendments. If you do not agree to these SMS terms and conditions as amended, you must immediately cease using the services and opt-out, as described below. Your continued access or use of the services after such posting constitutes your consent to be bound by these SMS terms and conditions, as amended.
Our text messages are intended to provide you with transaction-related information, including tracking of your bike delivery. Text messages may also be used for marketing and promotional information regarding Canyon Bicycles products and services (e.g., events and promotions offered by Canyon Bicycles).
The number of Canyon Bicycles text messages that you receive will vary depending on which Canyon Bicycles text messaging programs for which you sign up to receive messages and the frequency of the messages sent by those programs. You will receive a maximum of three messages per week per Canyon Bicycles text messaging program.
Message and data rates may apply to each text message sent or received in connection with Canyon Bicycles text messages, as provided in your mobile telephone service rate plan (please contact your mobile telephone carrier for pricing plans), in addition to any applicable roaming charges. Canyon Bicycles does not impose a separate fee for sending Canyon Bicycles text messages; however, you are responsible for any fees imposed by your mobile carrier of any kind whatsoever.
To opt-in to receive text messages from Canyon Bicycles text messages, sign up when you create an account on the Canyon Bicycles website, when you purchase from Canyon Bicycles USA, or through Canyon Bicycles marketing campaigns.
To stop receiving text messages from a specific Canyon Bicycles text messaging program, text STOP to the five-digit short code for the text messaging program from which you no longer wish to receive messages (i.e., the five-digit number from which its text messages are being sent). You acknowledge that you will then receive one (1) final message from Canyon Bicycles confirming your opt-out of that text messaging program. Following such confirmation message, no additional text messages associated with that program will be sent to you unless you re-activate your subscription. This will only opt you out of the specific text messaging program associated with that five-digit short code. You will remain opted in to other Canyon Bicycles text messaging programs.
You represent that you are the account holder for the mobile telephone number(s) that you enroll. You are responsible for notifying Canyon Bicycles immediately if you change your mobile telephone number. You may notify Canyon Bicycles of a number change by contacting Canyon Bicycles +1 (833) CANYON1.
It is your responsibility to determine if your mobile carrier supports text messaging and if your mobile device is capable of receiving text messages. Your receipt of our text messages is subject to the terms and conditions of your agreement(s) with your mobile carrier.
Delivery of information and content to a mobile device may fail due to a variety of circumstances or conditions. You understand and acknowledge that network services, including but not limited to mobile network services, are outside of Canyon Bicycles’ control, and Canyon Bicycles is not responsible or liable for issues arising from such network services (e.g., delayed or undelivered messages or the security of any messages).
Supported carriers may change from time to time.
Carriers are not liable for delayed or undelivered messages.
T-Mobile® is not liable for delayed or undelivered messages.
To request more information, text HELP to the five-digit short code for the text messaging program about which you have questions (i.e., the five-digit number from which its text messages are being sent). You may also receive help by contacting Canyon Bicycles at +1 (833) CANYON1.
To receive Canyon Bicycles text messages, you must be a resident of the United States and 18 years of age or older. Canyon Bicycles reserves the right to require you to prove that you are at least 18 years of age.
Canyon Bicycles may revise, modify, or amend these SMS Terms and Conditions at any time without notice. Any such revision, modification, or amendment shall take effect when it is posted to Canyon Bicycles’ website (https://www.canyon.com/en-us/). You agree to review these SMS Terms and Conditions periodically to ensure that you are aware of any changes. Your continued consent to receive Canyon Bicycles text messages will indicate your acceptance of those changes.
We may suspend or terminate your receipt of Canyon Bicycles text messages if we believe you are in breach of these SMS Terms and Conditions. Your receipt of Canyon Bicycles text messages is also subject to termination in the event that your mobile telephone service terminates or lapses. Canyon Bicycles reserves the right to modify or discontinue, temporarily or permanently, all or any part of our text messages, with or without notice.
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
Waiver of Jury Trial. CANYON BICYCLES AND YOU EACH AGREE TO WAIVE THE RIGHT TO A TRIAL BY JUDGE OR JURY FOR ALL DISPUTES BETWEEN YOU AND CANYON BICYCLES OR CANYON BICYCLES' EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS, EXCEPT THAT YOU OR CANYON BICYCLES MAY TAKE CLAIMS TO SMALL CLAIMS COURT IF THE DISPUTE QUALIFIES FOR HEARING BY SUCH COURT AND EXCEPT FOR DISPUTES RELATING TO THE ENFORCEMENT OR INFRINGEMENT OF YOUR OR OUR INTELLECTUAL PROPERTY RIGHTS (SUCH AS COPYRIGHTS, TRADEMARKS, DOMAINS, LOGOS, TRADE DRESS, TRADE SECRETS, AND PATENTS). Disputes under this agreement will be resolved through final and binding arbitration, which is typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. Canyon Bicycles and you agree not to combine a dispute that is subject to arbitration under this Agreement with a dispute that is not eligible for arbitration under this Agreement.
This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth herein.
Required Use of AAA. You agree that the arbitration will be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules in effect at the time the arbitration is started. The arbitration will be presided over by a single arbitrator selected in accordance with the AAA Rules. The AAA Rules, information regarding initiating a dispute, and a description of the arbitration process are available at www.adr.org. The arbitrator will decide whether a dispute can be arbitrated. The location of the arbitration and the allocation of fees and costs for such arbitration shall be determined in accordance with the AAA Rules.
Opt-Out Procedure. You may opt out of this agreement to arbitrate. If you do so, neither we nor you can require the other to participate in an arbitration proceeding. To opt out, you must provide the requested information as follows: (1) your name, (2) your address, (3) your phone number, and (4) a clear statement that you wish to opt out of this arbitration provision. This opt-out notice must be made in writing postmarked within 30 days of the later of: (i) the date that you first accepted our Terms and Conditions of Use; and (ii) the date you became subject to this arbitration provision. You must use this address to opt-out:
5600 Avenida Encinas Suite 180 Carlsbad, CA 92008 USA
Place to File Permitted Court Actions. If your dispute is related to intellectual property rights, or if the arbitration agreement is found to be unenforceable, you and Canyon Bicycles agree and consent that such disputes will be resolved in the federal or state courts in the State of California and that agree to submit to personal jurisdiction and venue of the federal and state courts located in San Diego County, California.
Time Limit to Start Arbitration. We and you agree that for any dispute (except intellectual property disputes) must commence an arbitration proceeding within one year after the dispute first arose; otherwise, such dispute is permanently barred. This means that if we or you do not commence an arbitration within one year after the dispute first arose, the arbitration will be dismissed as untimely.
Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with Canyon Bicycles.
TO THE EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICE, APPLICATIONS OR CONTENT THAT YOU RECEIVE FROM US, AND DISCLAIM ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE. THIS SERVICE COULD INCLUDE INACCURACIES, OTHER ERRORS OR MAY NOT FUNCTION IN THE MANNER YOU ANTICIPATED. FURTHERMORE, WE ARE NOT RESPONSIBLE FOR CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OR OMISSIONS OF OTHERS AND WE DO NOT PROMISE ERROR-FREE SERVICE. WE WILL NOT BE LIABLE FOR ANY DELAYS IN THE RECEIPT OF ANY SMS MESSAGES AS DELIVERY IS SUBJECT TO THE EFFECTIVE TRANSMISSION FROM YOUR NETWORK OPERATOR.
To the fullest extent permissible pursuant to applicable law, we are not responsible and will not be liable for any damages of any nature, including without limitation any incidental, special or consequential damages (such as lost profits or lost business opportunities), punitive damages or attorney’s fees.
Except as otherwise provided herein, your use of this service under this agreement is governed by the laws of the State of California.
If any term of these Terms and Conditions is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the party seeking such compensation.