Terms of service

Terms of Service

Last updated September 14, 2026

Overview

These Terms of Service are between you and Pickens Design Group LLC, doing business as Pickens Cycles ("Pickens Cycles," "we," "us," or "our"). Pickens Cycles operates this website and, when enabled, its online store, including related information, content, features, tools, products, and services (collectively, the "Services"). Our online store is powered by Shopify, which enables us to provide the Services.

These terms and conditions, together with the policies referenced in them (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms and our Privacy Policy, available at https://pickenscycles.com/policies/privacy-policy. If you do not agree to these Terms or the Privacy Policy, you should not use or access the Services.

Section 1 Access And Account

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. If you permit a minor dependent to use the Services on a device you own or manage, you are responsible for that use. A minor may participate in a demo ride only with our prior approval, while accompanied by a parent or legal guardian, and subject to any separate waiver requirements.

To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

Section 2 Products Development Models And Demos

We make reasonable efforts to describe and depict our products and services accurately. Colors, finishes, dimensions, components, and product appearance may differ from their on-screen presentation because of device settings, photography, rendering, manufacturing tolerances, or product-development changes.

Product images and renderings are illustrative and are not guarantees that every detail of a delivered product will be identical, but this does not affect any express written warranty or any consumer right that cannot lawfully be waived.

Before we accept an order, product descriptions, specifications, features, components, pricing, and availability may change without notice, and we may discontinue products or limit quantities by person, geographic region, or jurisdiction. After we accept an order, any material change will be handled in accordance with the order terms and applicable law.

Some models, components, accessories, features, specifications, prices, availability dates, and images shown through the Services may relate to prototypes, development units, preproduction models, or renderings. We will identify material differences known to us before accepting an order, but development details may change.

Cycling, including the operation of a recumbent trike or an electric-assist cycle, involves inherent risks. Follow applicable laws and product instructions, wear a properly fitted bicycle helmet and other appropriate safety equipment, inspect equipment before use, and ride within your abilities and conditions. Content provided through the Services is general product information and is not medical advice.

Demo rides, rallies, and other riding activities are subject to our confirmation, equipment availability, weather and route conditions, safety instructions, and any separate participation agreement or waiver. A website request does not confirm participation.

Section 3 Orders

Submitting a demo request, joining an interest list, or contacting us does not constitute an order, reservation, deposit, or commitment to purchase and does not guarantee an appointment, product allocation, price, delivery date, or availability.

When you place an order, you are making an offer to purchase. Pickens Cycles reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Pickens Cycles confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Pickens Cycles may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e‑mail, billing address, and/or phone number provided at the time the order was made.

Purchases are subject to our Refund Policy, available at https://pickenscycles.com/policies/refund-policy, and to any product-specific terms disclosed before purchase.

If we offer a preorder, deposit, reservation, custom configuration, or limited release, additional terms disclosed before payment will apply. If those specific terms conflict with these Terms, the specific transaction terms will control for that transaction.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

Section 4 Prices And Billing

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.

Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

Section 5 Shipping And Delivery

Shipping methods, charges, delivery estimates, geographic restrictions, and any pickup or freight terms will be disclosed at checkout, in the order confirmation, or in separate written terms. Delivery dates are estimates unless we expressly guarantee a date in writing. We are not responsible for carrier, customs, or other delays outside our reasonable control. Title and risk of loss pass as provided by applicable law and the shipping terms disclosed for the order. Nothing in this section limits rights or remedies that cannot lawfully be waived.

Section 6 Intellectual Property

Our Services, including all trademarks, brands, text, displays, images, graphics, product reviews, video, audio, and the design, selection, and arrangement of that content, are owned by or licensed to Pickens Design Group LLC, doing business as Pickens Cycles, and are protected by U.S. and foreign patent, trademark, copyright, and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Pickens Cycles, Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Pickens Cycles.

Pickens Cycles' names, logos, product and service names, designs, and slogans are trademarks of Pickens Cycles or its licensors. You must not use them without our prior written permission. Shopify's name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are trademarks of their respective owners.

Section 7 Optional Tools

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

Section 8 Third-Party Links

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.

We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.

Section 9 Relationship With Shopify

Our online store is powered by Shopify, which enables us to provide the Services. Shopify is not the seller and is not a party to any purchase from Pickens Cycles. By using the Services, you acknowledge that Shopify is not responsible for any aspect of a sale between you and Pickens Cycles, including injury, damage, or loss resulting from a purchased product or service. To the fullest extent permitted by applicable law, you release Shopify and its affiliates from claims, damages, and liabilities arising from or related to purchases and transactions with Pickens Cycles.

Section 10 Privacy Policy

Personal information we collect through the Services is subject to our Privacy Policy at https://pickenscycles.com/policies/privacy-policy. Certain personal information may also be subject to Shopify's Privacy Policy at https://www.shopify.com/legal/privacy/app-users. By using the Services, you acknowledge that you have had an opportunity to review these policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services to provide and improve them. Information you submit may be transmitted to Shopify and other service providers, including providers located outside your country of residence. Review our Privacy Policy at https://pickenscycles.com/policies/privacy-policy for more information about how we, Shopify, and our service providers process personal information.

Section 11 Feedback

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.

You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.

We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.

Section 12 Errors, Inaccuracies And Omissions

Occasionally, information available through the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability. We reserve the right to correct errors, inaccuracies, or omissions and, to the extent permitted by applicable law, to update information or cancel an affected order if material information was inaccurate when the order was submitted.

Section 13 Prohibited Uses

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial, state, or local law, regulation, rule, or ordinance; (c) to infringe our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, or intimidate another person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or reuse material that does not comply with these Terms; (g) to transmit or procure the sending of unsolicited advertising or promotional material, including junk mail, chain letters, or spam; (h) to impersonate or attempt to impersonate another person or entity; or (i) to engage in conduct that restricts or inhibits another person's use or enjoyment of the Services or that may harm Pickens Cycles, Shopify, or users of the Services or expose them to liability.

In addition, you agree not to: (a) upload or transmit viruses or malicious code that may affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell, or exploit any portion of the Services; (c) collect or track another person's personal information; (d) spam, phish, pharm, engage in pretexting, or use other deceptive practices; (e) use any robot, spider, scraper, data-gathering or extraction tool, automated device or process, AI tool, or automated or manual means to access the Services contrary to our instructions or published technical controls; or (f) interfere with, bypass, or circumvent security or authorization features, robot-exclusion headers, or other measures used to restrict access. We may suspend, disable, or terminate access if we determine that you violated these Terms.

Section 14 Agents

14.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means software or a service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, a person or entity and that can operate on that person's or entity's behalf, including through a device, without direct supervision.

14.2 No Agent may access, use, or interact with Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in section 14.4 below. In addition, no Agent may access, use, or interact with Services if we have requested that the Agent refrain from accessing, using, or interacting with any service.

14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with Services.

14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request's user agent string: "Agent/[agent name]"; (ii) not conceal or obfuscate that any access, use, or interactions are from an Agent, such as by (a) mimicking human behavior and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans, (iii) respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer, (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.

Section 15 Termination

We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

Section 16 Disclaimer Of Warranties

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

Any express written product warranty provided by Pickens Cycles will govern the product it covers. Nothing in these Terms excludes, restricts, or modifies a warranty, guarantee, remedy, or other right that cannot lawfully be excluded, restricted, or modified.

EXCEPT AS EXPRESSLY STATED BY Pickens Cycles, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

Section 17 Limitation Of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL Pickens Cycles, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

Nothing in this section excludes or limits liability to the extent that the exclusion or limitation is prohibited by applicable law.

Section 18 Indemnification

To the extent permitted by applicable law, you agree to indemnify, defend and hold harmless Pickens Cycles, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.

Section 19 Severability

If any provision of these Terms is determined to be unlawful, void, or unenforceable, it will be enforced to the fullest extent permitted by law and the unenforceable portion will be severed. That determination will not affect the validity or enforceability of the remaining provisions.

Section 20 Waiver And Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms and any policies or operating rules posted by us on this site or relating to the Services constitute the entire agreement between you and us concerning your use of the Services and supersede prior or contemporaneous agreements, communications, and proposals on that subject, whether oral or written, including prior versions of these Terms.

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Section 21 Assignment

You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

Section 22 Governing Law

These Terms and any dispute arising from or relating to the Services are governed by the laws of the State of South Carolina, without regard to conflict-of-law principles. Subject to applicable consumer-protection laws and any court with non-waivable jurisdiction, the state and federal courts serving Greenville County, South Carolina, will have exclusive jurisdiction and venue. You and Pickens Cycles consent to personal jurisdiction in those courts.

Section 23 Headings

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 24 Changes To Terms Of Service

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Section 25 Contact Information

Questions about these Terms should be sent to rj@pickenscycles.com.

Pickens Design Group LLC, doing business as Pickens Cycles
Greenville, South Carolina, United States
Email: rj@pickenscycles.com
Website: https://pickenscycles.com