Last Updated: June 17, 2025

Welcome to Duluth Cycle. These Terms and Conditions (“Terms”) govern your access to and use of the website https://duluthcycle.com/ (the “Site”), and any products or services offered thereon, which are owned and operated by Duluth Cycle DBA of Metro Moulded Parts, Inc (“Company,” “we,” “us,” or “our”).

PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING, BROWSING, OR USING THIS SITE, OR BY PURCHASING A PRODUCT FROM US, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS DESCRIBED IN THE “DISPUTE RESOLUTION” SECTION BELOW. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SITE OR PURCHASE PRODUCTS FROM US.

We reserve the right to modify these Terms at any time. All changes will be effective immediately upon posting to the Site. Your continued use of the Site after changes are posted constitutes your acceptance of the revised Terms.

1. USE OF THE SITE

You agree to use the Site only for lawful purposes. You are prohibited from any use of the Site that would constitute a violation of any applicable federal, state, or local law, regulation, or ordinance. You agree not to:

• Use the Site to harass, abuse, or threaten others or otherwise violate any person’s legal rights.
• Interfere with or disrupt the operation of the Site or the servers or networks connected to it.
• Use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission.
• Attempt to gain unauthorized access to any portion of the Site or any other systems or networks connected to the Site.

2. INTELLECTUAL PROPERTY

All content on this Site, including but not limited to text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of Duluth Cycle DBA of Metro Moulded Parts, Inc or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Duluth Cycle DBA of Metro Moulded Parts, Inc and protected by U.S. and international copyright laws. All trademarks, trade dress, and service marks on the Site are the property of Duluth Cycle DBA of Metro Moulded Parts, Inc or their respective owners.

3. USER ACCOUNTS

If you create an account on the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

4. TERMS OF SALE

• Orders: All orders are subject to our acceptance. We reserve the right to refuse or cancel any order for any reason, including but not limited to product availability, errors in the description or price of the product, or error in your order.
• Pricing and Payment: All prices are shown in U.S. dollars. We accept payment via PayPal, Braintree, Shopify Payments, and BigCommerce Payments. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any transaction.
• Shipping and Risk of Loss: Shipping will be handled as described on our shipping policy page. All items purchased from us are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
• Returns and Refunds: Please review our Return Policy, which is incorporated into these Terms by reference, for information about returning products.

5. PRODUCT DESCRIPTIONS

We attempt to be as accurate as possible. However, we do not warrant that product descriptions, colors, or other content of this Site are accurate, complete, reliable, current, or error-free. If a product offered by us is not as described, your sole remedy is to return it in unused condition.

6. PRIVACY POLICY

We care about your privacy. Our collection and use of your personal information are described in our Privacy Policy, which is incorporated into these Terms by reference. Please review it to understand our practices.

7. DISCLAIMER OF WARRANTIES

THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY DULUTH CYCLE DBA OF METRO MOULDED PARTS, INC ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.

DULUTH CYCLE DBA OF METRO MOULDED PARTS, INC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, DULUTH CYCLE DBA OF METRO MOULDED PARTS, INC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THIS SITE, ITS SERVERS, OR EMAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

8. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, DULUTH CYCLE DBA OF METRO MOULDED PARTS, INC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE PRODUCTS PURCHASED EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE PRODUCTS THAT GAVE RISE TO THE CLAIM. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE ABOVE-STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

9. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Duluth Cycle DBA of Metro Moulded Parts, Inc, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms 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.

10. DISPUTE RESOLUTION: MANDATORY ARBITRATION AND CLASS ACTION WAIVER

• Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Minnesota, without regard to its conflict of law principles.
• Binding Arbitration: YOU AND DULUTH CYCLE DBA OF METRO MOULDED PARTS, INC AGREE TO WAIVE YOUR RIGHTS TO A JURY TRIAL AND TO HAVE ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS OR THE PRODUCTS OR SERVICES SOLD ON THE SITE RESOLVED IN COURT. Instead, all disputes will be resolved through final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. The arbitration will be conducted by a single, neutral arbitrator and will take place in Anoka County, Minnesota.
• Class Action Waiver: YOU AGREE THAT ANY ARBITRATION OR PROCEEDING SHALL BE LIMITED TO THE DISPUTE BETWEEN US AND YOU INDIVIDUALLY. TO THE FULL EXTENT PERMITTED BY LAW, (I) NO ARBITRATION OR PROCEEDING SHALL BE JOINED WITH ANY OTHER; (II) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED OR RESOLVED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND (III) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS.
• Exceptions: Notwithstanding the foregoing, either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, or intellectual property infringement without first engaging in arbitration.

11. GENERAL PROVISIONS

• Entire Agreement: These Terms and our Privacy Policy constitute the entire agreement between you and Duluth Cycle DBA of Metro Moulded Parts, Inc and govern your use of the Site, superseding any prior agreements.
• Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.
• Waiver: Our failure to enforce any part of these Terms is not a waiver of our right to later enforce that or any other part of these Terms.
• Assignment: You may not assign or transfer these Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent.

12. CONTACT INFORMATION

For any questions about these Terms and Conditions, please contact us at:

Duluth Cycle DBA of Metro Moulded Parts, Inc

11610 Jay St NW

Coon Rapids, MN, 55448

Email: privacy@duluthcycle.com

Phone: 763-231-7851