Last modified: April 8, 2019
These Terms and Conditions (defined below) govern your use of any website, mobile application, including, Ride Spot, and technology platform (the “Platform”) made available to you by PeopleForBikes Coalition, together with blackriver Systems, Inc., and each of their affiliates and subsidiaries (“PeopleForBikes” “we,” “us” or “our”).
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, IF YOU DO NOT AGREE TO ALL OF THE PROVISIONS OF THESE TERMS AND CONDITIONS, YOU MAY NOT USE OR ACCESS THE PLATFORM OR THE SERVICES. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU WILL NOT BE ABLE TO USE THE PLATFORM. YOU ACKNOWLEDGE THAT YOU HAVE READ, HAVE UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS JUST AS IF YOU HAD SIGNED THEM.
We reserve the right, in our sole discretion, to change, modify, add, or delete portions of these Terms and Conditions at any time. All changes are effective immediately when posted. Your continued use of the Platform following the posting of revised Terms and Conditions means that you accept and agree to the changes. We may change the Platform or add or delete content or features in any way, at any time, and for any reason or no reason. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Please be advised: These Terms and Conditions contains provisions that govern how claims you and PeopleForBikes have against each other can be brought (see Section 22 below). These provisions will, with limited exception, require you to submit claims you have against PeopleForBikes to binding and final arbitration on an individual basis, not as a plaintiff or class member in any class, group or representative action or proceeding.
Capitalized terms not defined in these Terms and Conditions have the meaning set forth in additional PeopleForBikes policies, addendums, and agreements.
1. THE PLATFORM AND THE SERVICES PROVIDED
The Platform is designed to offer persons of all levels and bike riding styles (“Users”) a variety of services for their riding experience, including, but not limited to: tracking riding progress; saving or sharing routes; discovering great routes; participating in exciting events, challenges, or competitions; connecting with other riders and Users; and all other current and future digital products and offerings we make available, including any product services, and content provided in collaboration with third parties or our partners (collectively, the “Services”).
While access to certain portions of the Platform are free, we reserve the right to charge fees for any Services, features, or benefits associated with the Platform at any time.
We may provide updates (including automatic updates) to the Platform or for certain Services as and when we see fit. This may include upgrades, modifications, bug fixes, patches and other error corrections and/or new features (collectively, “Updates”). Certain portions of our Platform or certain Services may not properly operate if you do not install all Updates. You acknowledge and agree that the Platform and certain Services may not work properly if you do not allow such Updates and you expressly consent to automatic Updates. Further, you agree that these Terms and Conditions (and any additional modifications of the same) will apply to any and all Updates to the Platform and Services.
We reserve the right to, at any time and without notice, limit access to, modify, change or discontinue the Platform or certain Services. You agree that we will not be liable to you or to any third party for any such limitation, modification, change, suspension, or discontinuance of the Platform or Services.
2. MODIFICATION TO THESE TERMS AND CONDITIONS
We reserve the right to revise these Terms and Conditions, and any information referenced in the hyperlinks, at our sole and absolute discretion, by updating this posting. If changes are material, we will post a banner and/or a link on the Platform notifying you of the material change. The revised terms will take effect the date they are posted on the Platform.
Continued use of the Platform or Services after any such changes shall constitute your consent to such modifications. Please review these posted terms on a regular basis.
The Platform is intended for Users that are at least 18 years old. If you are between 13 and 18 (“Minor”), you may use the Platform only with the supervision and consent of a parent or guardian. No individual under these age limits may provide any Personal Data to us or otherwise through the Platform.
By creating a User Account, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by these Terms and Conditions.
By assisting a Minor to create a User Account, you represent and warrant that you are such Minor’s parent or guardian and that you will supervise such Minor’s use of the Platform and Services.
4. USER ACCOUNTS
In order to access certain Services, including but not limited to tracking your route, uploading your routes, photos, and content, registering for events and challenges, or reviewing your Subscription with us, you may be required to create an account (“User Account”).
By creating a User Account, you (this includes any agent designated by you operating on your behalf) agree to provide us with complete and accurate information and to keep this information up to date. This may include, but is not limited to, your name, email address, telephone number, social media profiles, payment method, and password.
If you provide any information that does not satisfy this provision, or we have reasonable grounds to suspect as much, we have the right to suspend or terminate your User Account and refuse any and all current or future use of the Platform or Services (or any portion thereof).
You are solely responsible for activities that occur under or through your User Account, including activities initiated by third parties, whether or not such activities are authorized by you. Should you grant a third party to act on your behalf, you shall ensure that third party is bound by, and abides by, these Terms and Conditions. You agree to immediately notify us of any unauthorized use of your account or any breach of your account security.
5. PARTNER AND AFFILIATE ACCOUNTS
Some Services offered on the Platform are intended for businesses, such as bicycle dealers (each, a “Dealer”), coaches, bicycle brands and manufacturers, wholesalers, distributors, bicycle travel companies, and others inside and outside of the bicycle industry (“Affiliate Accounts”). Such Affiliate Accounts will be subject to these Terms and Conditions except to the extent that there is a separate written agreement between us and any such Affiliate Account. For Affiliate Accounts with separate written agreements, the terms of any such separate written agreement will control over these Terms and Conditions to the extent of any inconsistency between the two.
6. SUBSCRIPTIONS AND FEES
Some Services offered on the Platform may be subscription-based Services and may require you to make recurring payments for continued use of those Services (each, a “Subscription”).
You can choose to pay for your Subscription on a monthly or annual basis (“Subscription Period”).
Your fees are determined by your Subscription and Subscription Period, therefore, fees will vary from each individual User (“Subscription Fees”). Additionally, we reserve the right to charge additional fees for certain Services, in addition to the Subscription Fees (“Additional Fees”). Subscription Fees and Additional Fees may referred to collectively as “Fees.”
Unless otherwise stated, all Fees due are payable in advance, and will be billed automatically to the Payment Method (defined below) at the start of the monthly or annual Subscription Period, or as applicable to certain Services. Unless otherwise stated, your Subscription will auto-renew based on your Subscription Period until you elect to cancel your Subscription. Additional Fees may be billed at the moment they are incurred and may be deducted automatically in accordance with your User Account billing preferences.
All purchases made through the Platform are final and non-refundable, except at our sole discretion and in accordance with the rules governing each Subscription or Service.
As an express condition of being a User and using certain Services, you agree to pay all Fees, including any applicable taxes associated with certain Services. You acknowledge that amounts billed may vary due to changes to account and pricing structure and changes to associated taxes, and you authorize us to bill you accordingly. You acknowledge that we reserve the right to terminate your access to the Platform and Services for failure to pay Fees.
To the maximum extent permitted by applicable laws, we may change our prices for Subscriptions or Services at any time. We will give you reasonable notice of any such pricing changes by posting the new prices on or through the Platform or by sending you an email notification. If you do not wish to pay the new prices, you can cancel your Subscription or the applicable Service prior to the change going into effect.
YOU SHALL BE RESPONSIBLE FOR ALL FEES INCURRED UNDER YOUR USER ACCOUNT REGARDLESS OF YOUR AWARENESS OF SUCH FEES OR THE AMOUNTS THEREOF.
You can view details of your Subscription or Services, including pricing options, Fees, and the end date of your Subscription Period, by logging into your User Account on the Platform.
7. DISCOUNT, COUPONS, OR GIFT CODES
PeopleForBikes, at its sole discretion, may make available promotions with different features to any User or prospective User. We reserve the right to withhold or deduct benefits obtained through a promotion in the event that we determine or believe that the redemption of the promotion or receipt of the benefit was in error, fraudulent, illegal, or in violation of the applicable promotion terms or these Terms and Conditions.
As part of your User Account, we may provide you with or allow you to create a “Promotion Code,” a unique code for you to distribute to your friends and family (each a “Referred User”) to become new User. Promotion Codes may only be distributed for promotional purposes and must be given away free of charge. You may not sell, trade, or barter your Promotion Code. Unless agreed to in a separate written agreement between you and PeopleForBikes, you are prohibited from advertising Promotion Codes in any way, including through any of the following: Google, Facebook, Twitter, Bing and Craigslist. We reserve the right to deactivate or invalidate any Promotion Code at any time in our discretion.
From time to time, we may offer you with incentives to refer your friends and family to become new Users of the Platform (the “Referral Program”). These incentives may come in the form of credits, and we may set or change the incentive types, amounts, terms, restrictions, and qualification requirements for any incentives in its sole discretion. Your distribution of Promotion Codes and participation in the Referral Program is subject to these Terms and Conditions.
We may also offer certain discount, coupon, or gift code to certain Services or Subscriptions. To redeem a discount or coupon code, log in to your User Account or select the applicable Service on the Platform and enter the applicable code to take advantage of the relevant promotion. Discount, coupon and gift codes cannot be combined with any other cash-off price, sales, promotion or coupon, and cannot be exchanged, refunded, replaced or redeemed for cash or payment of accounts. A Payment Method may be required to redeem a discount or coupon code. It is your own responsibility to use a discount, coupon or gift code before it expires, and expired codes cannot be refunded or extended. It is also your responsibility to terminate the applicable Subscription or Service before the end of a free or discounted period if you do not want to continue with the Subscription or Service at the regular price. The terms and conditions of a specific discount, coupon or gift code may include additional restrictions on its use, including but not limited to the type of plan, duration of free or discounted Subscription or Service, coupon validity dates, and/or purchase quantities. We reserve the right to cancel discounts and coupon promotions at any time.
8. FREE TRIALS
We sometimes offer free trials of our Subscriptions, Services, or in accordance with other promotional offers (each a “Free Trial”). A Free Trial provides you access to the certain Services for a period of time, with details specified when you sign up for the offer.
In order to sign up for a Free Trial, you may need to provide us with your preferred Payment Method. As soon as you submit your payment details, your Free Trial will begin. You will not be charged until the Free Trial period ends.
Unless you cancel before the end of the Free Trial, or unless otherwise stated, your access to the Subscription or Service offered through the Free Trial will automatically continue and you will be billed the applicable fees for that Subscription or Service using the Payment Method you provided. All incurred Fees are final and non-refundable, except at our sole discretion and in accordance with the rules governing the Subscription or Service. We may send you a reminder when your Free Trial is about to end, but we do not guarantee any such notifications. It is ultimately your responsibility to know when the Free Trial will end.
Depending on the applicable Subscription or Service, you may lose access as soon as you cancel or at the end of the Free Trial period. Once you have cancelled your Free Trial and received confirmation, you cannot resume the Free Trial period even if it was not used for the entire duration of the offer.
We reserve the right, in our absolute discretion, to modify or terminate any Free Trial offer, your access to the Subscription or Services during the Free Trial, or any of these terms without notice and with no liability.
9. PAYMENT METHOD
All Fees will be billed to the credit card, or other payment method, with which you provide us (“Payment Method”). You authorize the Payment Method issuer to pay any Fees incurred under your User Account.
You agree to provide current, complete and accurate billing and Payment Method information. You agree to promptly update Payment Method numbers, expiration dates and billing address to keep your User Account current and accurate. You must update your card in the event it is lost or stolen.
If your Fees are not paid by your Payment Method issuer, you agree to pay all Fees you incur by provided another Payment Method. Should you have difficulty making a payment, please contact us at email@example.com for additional payment options.
You agree to pay all costs of collection efforts, including attorney fees and costs.
Failure to maintain current, complete, and accurate billing and Payment Method information may affect your use and access to the Platform and Services.
Fees may be collected and distributed through a third-party payment processing service, therefore you may be required to register with a third-party payment processor (“Payment Processor”). PeopleForBikes may replace its Payment Processor without notice to you. Additionally, you may be required to agree to terms of service of the Payment Processor, and go through a vetting process at the request of the Payment Processor to set up their account with the Payment Processor (“Payment Processor Services Agreement”). By accepting these Terms and Conditions, you agree that they have reviewed and agreed to, the Payment Processor Services Agreement. Please note that we are not a party to the Payment Processor Services Agreement and that you, the Payment Processor and any other parties listed in the Payment Processor Services Agreement are the parties to the Payment Processor Services Agreement and that we have no obligations, responsibility or liability to you or other party under the Payment Processor Services Agreement. To help prevent fraud and safeguard your information from the risk of unauthorized access, we and/or the Payment Processor may validate an account before activation.
We reserve the right, but not the obligation, in our sole discretion, upon request or claim from you, or upon notice of any potential fraud, unauthorized charges or other misuse of the Platform or Services, to (1) place on hold any Fees, charges, payment, or (2) refund or provide credits, or arrange for the Payment Processor to do so. Should you have a claim, please contact us at firstname.lastname@example.org.
10. TERM AND TERMINATION OF SERVICES
At the end of your current Subscription Period, your Subscription will automatically renew for a subscription equal to your prior Subscription Period unless you either: (1) provide us with email notice email@example.com of your intent not to renew or your intent to upgrade or downgrade your Subscription at least 30 days prior to the end of the then-current Subscription Period; or (2) you cancel your Subscription through your User Account at least 24 hours prior to the date on which your Subscription is set to renew. You can view details of your Subscription, including pricing and the end date of your Subscription Period, by logging into your User Account.
Your Subscription or any paid Services may be cancelled at any time either by: (1) providing us with email notice firstname.lastname@example.org of your desire to cancel your Subscription or paid Service, and such request shall be processed within 30 days from the day of receipt; or (2) cancelling your Subscription or paid Service through your User Account, and such request may take up to 24 hours to process.
We are not obligated in any way to refund whole or part of your Fees in the event of termination of your Subscription or paid Service prior to the end of your Subscription Period or full use of the paid Service. You may still have access to the certain Services for which you have paid for until the end of your Subscription Period, depending on the Service. You may lose access to certain Services prior to the end of your Subscription Period, depending on the Service or if your account is not in good standing or you violate any of the terms in these Terms and Conditions.
We may terminate or limit your right to use Services in the event that we are investigating or believe that you have breached any provision of these Terms and Conditions. We may provide you with written or email notice of such investigation.
11. CONTENT YOU PROVIDE
“Your Content” means content you submit to the Platform or that you allow third parties to submit to the Platform, including your name, username, profile, images, links, and any other personal or biographical information, photos, video, audio, illustrations, animations, logos, tools, text, ideas, illustrations, communications, data, information, software, scripts, executable files, workouts, workout data, training plans, sleep activity, nutrition, and recipes, but not Route Content.
“Route Content” means any information; data; maps; routes; challenges, including challenge routes and rewards for completion; points of interest (including images and text); geo-data; ride and route completion, rating, and ranking data; “likes;” directions; GPS data; and route names defining, illustrating, describing, or mapping a geographical route or path traversed or to be traversed that you submit to, or map, generate, or post on, the Platform.
“Affiliate Account Content” means any content uploaded by a Affiliate Account, including, but not limited to, Affiliate Account holder’s entity name and logo.
“Content” means Your Content, Route Content, and Affiliate Account Content.
You own Your Content. However, by submitting Your Content you irrevocably grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable, and transferrable license to use Your Content throughout the world in any media for any commercial or non-commercial purpose. Herein “use” means display, copy, distribute, modify, adapt, publish, incorporate into other works, create derivative works, and allow third-party sites and services who obtain Your Content from us to do the same.
For example, when you share, post or upload a photograph to the Platform, you give us and other Users, depending on your privacy settings, the right to store, copy, share such photograph with others (consistent with your privacy setting).
You irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content brought against us or any third-party sites. If you delete Your Content, we will use reasonable efforts to remove it from the Platform; provided, however, that you acknowledge that in such event Your Content may not be made immediately unavailable, whether due to caching, links, references, or otherwise and deletion of your content does not end or diminish our license rights set forth above.
We own Route Content. If you delete any Route Content, we may delete such Route Content, but we retain the right not to delete such Route Content, to continue to maintain any or all of such Route Content on the Platform, and to use Route Content throughout the world, in any media, and for any commercial or noncommercial purpose, with or without attribution to you.
The Affiliate Account owns the Affiliate Account Content, and, following termination of an Affiliate Account, we will use commercially reasonable efforts to remove such Affiliate Account Content from the Platform in the ordinary course of business.
When you post Content to the Platform, you are responsible for the content of, and any harm resulting from that Content, regardless of whether the Content in question is in the form of text, graphics, photographs, audio files, or computer software.
You agree to provide and maintain accurate, current and complete information and acknowledge that we, other Users, and other members of the public may rely on your Content as accurate, current and complete. You acknowledge that if your Content is not accurate, current, and complete it may impact your use of the Platform and Services.
The Platform may provide you with the option of marking certain Content that you submit to the Platform as private or available only to select Users of the Platform. If, upon submission of Content to the Platform, you initially elect to mark such Content as private or available for a limited group of Users, we will use commercially reasonable efforts to maintain the privacy of such Content in accordance with your election. However, if you do not elect to mark your Content as private or available for a limited group of Users, or later change such designation to allow such Content to be made generally available, we cannot and do not guarantee the privacy of such Content.
We will not be liable for any statements or representations related to Content. We assume no responsibility for monitoring the Platform for appropriate user content and have no obligation to remove Content. However, we reserve the right to monitor, edit, or remove any Content at any time for any reason. You are solely responsible for your interactions with Users and other members of the public. We act only as a passive conduit for your online posting of your Content.
12. RESTRICTED ACTIVITY
With respect to your use of the Platform and Services and Content you provide, you agree that you will not:
* impersonate any person or entity;
* stalk, threaten, or otherwise harass any person;
* violate any law, statute, rule, permit, ordinance or regulation;
* interfere with or disrupt the Platform or the servers or networks connected to the Platform;
* post Content or interact on the Platform in a manner which is fraudulent, libelous, abusive, obscene, profane, sexual in nature, harassing, or illegal;
* use the Platform or Services in any way that infringes any third party’s rights, including: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
* post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
* forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Platform;
* “frame” or “mirror” any part of the Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose;
* modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Platform or any software used on or for the Platform or Services;
* rent, lease, lend, sell, redistribute, license or sublicense the Platform or Services or access to any portion of the Platform or Services;
* use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or its contents;
* transfer or sell your account, Subscription, password and/or identification to any other party
* discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or
* cause any third party to engage in the restricted activities above.
13. BLACKRIVER SYSTEMS, INC INTELLECTUAL PROPERTY
All intellectual property rights in the Platform shall be owned by blackriver Systems, Inc or our licenses absolutely and in their entirety. These rights include database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Platform are the property of their respective owners.
We welcome your comments and feedback regarding the Platform and Services. We do not, however, accept confidential or proprietary information. Accordingly, all comments, feedback, ideas, suggestions, materials, information and other submissions disclosed, submitted or offered to PeopleForBikes OR blackriver Systems, Inc or otherwise (collectively, “Comments”) are not confidential and will become and remain blackriver Systems, Inc property. The disclosure, submission or offer of any Comments will constitute an assignment to blackriver Systems, Inc of all worldwide rights, titles and interests and goodwill in the Comments without payment of any compensation. Comments submitted by you must not violate any right of any third party, and must not contain any libelous, abusive, obscene or otherwise unlawful material.
If you believe, in good faith, that any materials on the Platform infringe upon your copyrights, please view Section 21 for information on how to make a copyright complaint.
14. THIRD PARTY WEBSITE PLATFORMS AND LINKS
The Platform and certain Services may include links that direct you to other sites that are beyond our control. We are not responsible for the accuracy, relevancy, copyright or other IP compliance, legality, security, or decency of, nor do we endorse, material contained in sites to which you link from the Platform. We have not reviewed, and cannot review, all of the material, including computer software, posted to the Platform or made available through the websites and webpages to which we link, and that link to the Platform.
You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. We disclaim any responsibility for any harm resulting from your use of websites and webpages other than the Platform.
You are permitted to create and post to other sites a link to the Platform. However, any such link may not portray us in a false, misleading, derogatory, defamatory, or otherwise disparaging light, nor may it contain or associate us with pornographic, illegal, offensive, harassing, or otherwise objectionable material. You are also permitted to implement any RSS feed located on the Platform for personal noncommercial use. Notwithstanding the foregoing in this paragraph, we reserve the right to modify, limit, or revoke the permissions granted in this paragraph at any time and for any reason or no reason.
15. MOBILE APP STORE
This section applies to any version of the Platform that you acquire from a mobile application store. These Terms and Conditions govern the relationship between you and PeopleforBikes. Apple Inc., Google, Inc., or other similar third-party you use to download the Platform (each a, “Mobile App Store”) are not a party to these Terms and Conditions and shall have no obligations with respect to the Platform or Services. PeopleForBikes, not a Mobile App Store, is solely responsible for the Platform and the content thereof as set forth hereunder. However, each Mobile App Store and its subsidiaries are third party beneficiaries of these Terms and Conditions. Upon your acceptance of these Terms and Conditions, each Mobile App Store shall have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third party beneficiary thereof. These Terms and Conditions are incorporate by reference each Mobile App Store’s end-user agreements (“End-User Agreements”), for purposes of which, you are the “end-user.” In the event of a conflict in the terms of any of the End-User Agreements and these Terms and Conditions, these Terms and Conditions shall control.
The disclaimers this Section are made on behalf of PeopleForBikes, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders.
PEOPLEFORBIKES CANNOT GUARANTEE THE ACCURACY OF MATERIAL AND CONTENT PROVIDED THROUGH SERVICES AND ON THE PLATFORM. TO THE EXTENT ALLOWED BY APPLICABLE LAW, YOUR EXCLUSIVE REMEDY FOR INACCURATE CONTENT PROVIDED THROUGH SERVICES AND ON THE PLATFORM IS THAT, UPON NOTIFICATION BY YOU THAT SOME CONTENT IS INACCURATE, WE WILL TAKE REASONABLE STEPS TO INVESTIGATE THE REPORTED INACCURACY TO THE EXTENT REQUIRED BY APPLICABLE LAW, TARIFF, RULE OR REGULATION. BASED ON THE RESULTS OF THE INVESTIGATION WE WILL CORRECT ANY INACCURACY THAT WE DETERMINE EXISTS.
OTHER THAN AS REQUIRED UNDER APPLICABLE LAW REGULATION OR AN EXPRESS WRITTEN AGREEMENT BETWEEN YOU AND PEOPLEFORBIKES, PEOPLEFORBIKES DOES NOT GUARANTEE THE AVAILABILITY OF SERVICES. FOR THOSE REASONS, TO THE EXTENT PERMITTED BY APPLICABLE LAW, PEOPLEFORBIKES DISCLAIMS ANY LIABILITY FOR ANY INACCURACIES OR ERRORS IN SERVICES, THE CONTENT, OR PRODUCT PROVIDED RELATED TO SERVICES.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THE PLATFORM, ALL CONTENTS AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN 'AS IS' BASIS. PEOPLEFORBIKES DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE. PEOPLEFORBIKES DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE PLATFORM OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH PEOPLEFORBIKES ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THE PLATFORM. YOUR USE OF THE SITE IS AT YOUR OWN RISK.
Certain events or challenges are provided by our third party partners. Under certain circumstances, it may be up to our third party business partners to monitor or run the events or challenges, including determining prizes. We cannot ensure that a third party business partner will provide challenges, events, or prizes. We have no control over the quality or safety of such events, challenges, or prizes provided by our third party business partners.
We cannot guarantee that each User is who he or she claims to be. Please use common sense when using the Platform and Services and interacting with other Users.
Opinions, advice, statements, offers, or other information or Content concerning PeopleForBikes or made available through the Platform, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such Content. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted by third parties or other Users, whether on the Platform or otherwise.
Location data provided by the Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed to provide the Services. Neither PeopleForBikes, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the Platform. Any Content, including geolocational data, you upload, provide, or post on the Platform may be accessible to the public.
PeopleForBikes advises you to use the Platform with a data plan with unlimited or very high data usage limits, and PeopleForBikes shall not responsible or liable for any fees, costs, or overage charges associated with any data plan you use to access the Platform.
17. PHYSICAL ACTIVITY GUIDANCE
We care about your safety. You should consult with your healthcare provider(s) and consider the associated risks before using our Platform or Services in connection with any physical activity, wellness or fitness program, or any dietary program or guidance. Everyone’s condition and abilities are different, and participating in the activities promoted by our Services is at your own risk. If you choose to participate in these activities, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such activities. Activities promoted by the Services may pose risks even to those who are currently in good health.
You understand and agree that we will not carry out and are not responsible for any physical inspection, supervision, preparation, execution or conduct of any activities related to or accessed or discovered via the Platform or Services (e.g., featured, official or community created challenges; routes; friendly competitions or similar activities; any single or group training activities; any third-party activities or other events or activities that utilize our Platform or Services). Maps, directions and other GPS or navigation data, including data relating to your current location, may be unavailable, inaccurate or incomplete. We encourage you to always put safety first, follow applicable traffic regulations, do not change settings on your device while in motion or in unsafe areas and always be vigilant and take stock of your surroundings when exercising.
WE DO NOT RIDE ANY ROUTES, RIDES, OR CHALLENGES POSTED TO THE PLATFORM, AND DO NOT VERIFY THEIR SAFETY, ROAD QUALITY, TERRAIN, OR THE AMOUNT, CHARACTER, OR SPEED OF TRAFFIC THEREON. YOU CHOOSE TO FOLLOW ANY ROUTE, RIDE, CHALLEGE, OR EVENT POSTED ON THE PLATFORM AT YOUR OWN RISK.
You expressly agree that your athletic activities, which may generate the Content you post or seek to post on or via the Platform (e.g., cycling, running, walking) and certain third-party activities carry certain inherent and significant risks of property damage, bodily injury, or death and that you voluntarily assume all known and unknown risks associated with these activities, even if caused in whole or part by the action, inaction, or negligence of us or by the action, inaction, or negligence of others.
EXCEPT AS OTHERWISE SET OUT IN THESE TERMS AND CONDITIONS, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ARE NOT RESPONSIBLE OR LIABLE, EITHER DIRECTLY OR INDIRECTLY, FOR ANY INJURIES OR DAMAGES SUSTAINED FROM YOUR PHYSICAL ACTIVITIES OR YOUR USE OF, OR INABILITY TO USE, ANY SERVICES OR FEATURES OF THE SERVICES, INCLUDING ANY CONTENT OR ACTIVITIES YOU ACCESS OR LEARN ABOUT THROUGH OUR SERVICES (E.G., A EVENTS OR CHALLENGES), EVEN IF CAUSED IN WHOLE OR PART BY THE ACTION, INACTION OR NEGLIGENCE OF PEOPLEFORBIKES OR OTHERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE WE DO NOT ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY ACTIVITY OR ANY OTHER RACE, CONTEST, CLASS, ATHLETIC ACTIVITY OR EVENT THAT UTILIZES OR IS PROMOTED BY OR ACCESSED VIA THE PLATFORM OR SERVICES.
We aim to provide useful general information for our Users, not professional advice (including, without limitation, medical advice). The Platform and Services are not medical devices, and the data provided by them is not intended to be utilized for medical purposes or to diagnose, treat, cure or prevent any disease, ailment or injury. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE WE ARE NOT PROVIDING MEDICAL ADVICE VIA THE PLATFORM OR SERVICES.
All Content provided through the Platform or Services, whether provided by us or by other Users or third parties is not intended to be and should not be used in place of the advice of your physician or other medical professionals. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE ARE NOT RESPONSIBLE FOR ANY HEALTH PROBLEMS THAT MAY RESULT FROM TRAINING PROGRAMS, DIETARY RECOMMENDATIONS, CONSULTATIONS, PRODUCTS, OR EVENTS YOU LEARN ABOUT THROUGH THE PLATFORM OR SERVICES.
Should you have any health related questions, please call or see your physician or other healthcare provider promptly. If you have an emergency, call your physician or your local emergency services immediately (9-1-1 in the USA).
The Platform and Services are intended to provide you with information to encourage you to support your wellness and fitness activities. Some of the Services are aimed at tracking your physical movements (“Activity Tracking Services”). These Activity Tracking Services rely on sensors and/or GPS functionality that track your movement or body at rest. The data and information provided by the Activity Tracking Services are intended to be a representation of your activity, but may not be completely accurate, including with respect to step, speed, distance, or calorie data. By using Activity Tracking Services, you acknowledge and agree that we are not responsible or liable for any inaccuracy in such data.
18. WAIVER AND RELEASE OF LIABILITY FOR PARTICIPATION IN ACTIVITIES
In consideration of us furnishing the Platform and Services, you agree to the terms of this Waiver and Release of Liability (“Release”) as set forth herein:
* I attest that I am physically fit and sufficiently trained to participate in all activities provided through the Platform or Services (“Activities”) and my participation therein is voluntary.
* I acknowledge that the Activities are inherently dangerous and accept the dangers of participating in the Activities and fully assume the risks associated with participation including, for example, the dangers of collision with pedestrians, vehicles, other participants in Activities, and fixed or moving objects; the dangers arising from road or trail conditions, surface hazards, including potholes, equipment failure, inadequate safety equipment, use of equipment or materials provided by others; my own negligence or that of others; weather conditions; and the possibility of serious physical and/or mental trauma or injury, or death associated with the Activities.
* For myself, my heirs, executors, administrators, legal representatives, assignees, and successors in interest (collectively, “Successors”) I hereby waive, release, discharge, hold harmless, and promise to indemnify and not to sue, PeopleForBikes or its shareholders, employees, officers, agents, advertisers, sponsors, partners, joint venturers, contributors, ambassadors, or affiliates (collectively, “Releasees”) from any and all rights, claims, and causes of action to the maximum extent permitted by law, which I have or which may hereafter accrue to me, and from any and all loss, cost, expense, and damages which may be sustained by me directly or indirectly in connection with, or arising out of, my participation in or association with any Activity.
* I agree, for myself and any Successor, that, should I or any Successors assert a claim contrary to what I have agreed to herein, the claiming party and I shall be liable for expenses (including legal fees) incurred by any Releasee in defending such claim.
* In consideration for allowing me to participate in the Activities, in connection with participation in any Activity, I hereby assume all risks and dangers, and all responsibility for any losses and/or damages, whether caused in whole or in part by the negligence or other conduct of any Releasee. I am also solely responsible for whether I will or will not wear a helmet or other protective gear or equipment.
* I HAVE READ THE ABOVE RELEASE, AND BY USING THE PLATFORM, SERVICES, OR PARTICIPATING IN ANY ACTIVITY, AGREE TO ITS TERMS.
To maximum extent permitted by law, you acknowledge and agree to indemnify and hold PeopleForBikes, its affiliates, vendors, content providers, licensors, licensees, distributors, agents, representatives, and other Users of the Platform, and each of the foregoing entities’ respective resellers, distributors, service providers, and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, partners, joint venturers, representatives, investors, and assigns and employees harmless from any loss, liability, claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of (a) any information or Content appearing on our Platform published by you, (b) your participation in the Platform or Services, or your athletic activities in connection with the Services (including, but not limited to, athletic activities in connection with any events, challenges, races, group activities, third party activities or other events that we may sponsor, organize, participate in, or where the Services are employed); (c) any violation of these Terms and Conditions by you or third party using your User Account, (d) the violation, infringement or misappropriation by you, or third party using your User Account, of any intellectual property or other right of any person or entity, including, but not limited to, trademark, copyright, right of publicity and right of privacy, or (e) any pornographic, hate-related, threatening, libelous, obscene, harassing or otherwise objectionable or offensive material contained in any of your postings or other communications.
Holders of Affiliate Accounts, and their Affiliates, shall hold harmless, defend, and indemnify us and our Affiliates, and all of their respective officers, officials, employees, and volunteers (the “Indemnified Parties”) from and against any and all liability, loss, damage, expense, and cost (including without limitation reasonable attorneys’ fees, costs, and fees of litigation) (“Damages”) arising out of any third-party claim, action, suit, or proceeding (a “Third Party Claim”) resulting from such Affiliate Accounts’ acts or omissions, except to the extent that such Third Party Claim is caused by the breach, negligence, error, violation of law, or willful misconduct of the Indemnified Parties
You will use your best efforts to cooperate with us in the defense of any claim. PeopleForBikes reserves the right, at its own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
20. LIMITATION OF LIABILITY
NEITHER PEOPLEFORBIKES NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER, INCLUDING LOST PROFITS AND CONSEQUENTIAL OR PUNITIVE DAMAGES, PERSONAL INJURY (INCLUDING DEATH), AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THE PLATFORM OR SERVICES, OR ANY CONTENT, INFORMATION OR MATERIALS PROVIDED ON THE PLATFORM OR SERVICES.
WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH PEOPLEFORBIKES, THE PLATFORM, SERVICES OR ANY CONTENT OR MATERIALS ON THE PLATFORM OR SERVICES, OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PLATFORM OR SERVICES. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NONPERFORMANCE OF THIRD PARTIES, OR ANY REASONS BEYOND OUR REASONABLE CONTROL.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR (A) ANY INCOMPATIBILITY BETWEEN THE PLATFORM AND ANY OTHER SITE, SERVICE, SOFTWARE, OR HARDWARE, OR (B) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE WITH ANY TRANSMISSION OR TRANSACTION RELATING TO THE SITE BEING EXECUTED IN AN ACCURATE OR TIMELY MANNER.
THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS AND CONDITIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
NOTWITHSTANDING ANYTHING IN THESE TERMS AND CONDITIONS, TO THE EXTENT PEOPLEFORBIKES IS FOUND LIABLE FOR ANYTHING RELATED TO THESE TERMS AND CONDITIONS OUR TOTAL LIABILITY SHALL NOT EXCEED $100.00 USD.
21. DMCA POLICY
In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent email is: email@example.com
If you are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that your work’s copyright or trademark has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
* An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
* A description of the copyrighted work that you claim has been infringed upon;
* A description of where the material that you claim is infringing is located on the site;
* Your address, telephone number, and e-mail address;
* A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
We will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
In furtherance, and not in limitation of these Terms and Conditions, we reserve the right to terminate when and as we deem appropriate in our discretion any user who is or is suspected to be a repeat infringer of copyright or other IP rights. In the case of such termination, we will have no obligation to provide a refund of any amounts previously paid in respect of the Platform or Services.
YOU AND PEOPLEFORBIKES MUTUALLY AGREE TO WAIVE RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION, AS SET FORTH BELOW.
Except where prohibited, by accessing or using the Platform or Services, you agree that any and all questions, controversies, claims and causes of action arising out of or connected with the construction, validity, interpretation, and enforceability of these Terms and Conditions shall be resolved exclusively by means of arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, in Denver, Colorado, and shall be resolved individually, without resort to any form of class action or representative action, and you agree that you shall not seek to aggregate any claims with other individuals. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Claims shall be heard by a single arbitrator. The place of arbitration shall be Denver, Colorado. The arbitration shall be governed by the laws of the State of Colorado without giving effect to any choice of law or conflict of law rules of the State of Colorado or of any other jurisdiction. Depositions shall be limited to a maximum of three per party and shall be held within twenty days of the making of a request. Additional depositions may be scheduled only with the permission of the arbitrators, and for good cause shown. Each deposition shall be limited to a maximum of seven hours duration. Time is of the essence for any arbitration under these Terms and Conditions and arbitration hearings shall take place within ninety (90) days of filing and awards rendered within one hundred twenty (120) days. The Arbitrator shall agree to these limits prior to accepting appointment. The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party's actual damages. The prevailing party shall not be entitled to an award of attorney fees. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. The parties agree that failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that party to present evidence or cross-examine witness. In such event, the other party shall be required to present evidence and legal argument as the arbitrator may require for the making of an award. Such waiver shall not allow for a default judgment against the non-paying party in the absence of evidence presented as provided for above.
Notwithstanding the foregoing, in no event shall any claim, action, or dispute relating to the ownership of IP be submitted to arbitration. Those who choose to access the Platform do so on their own initiative and are responsible for compliance with all applicable laws including, but not limited to, any applicable local laws.
23. GENERAL PROVISIONS
The provisions of these Terms and Conditions, which by their nature should survive the termination of these Terms and Conditions, shall so survive such termination until performed.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Colorado and the laws of the United States, without giving effect to any principles of conflicts of law.
EXCEPT AS SPECIFICALLY SET FORTH HEREIN TO THE CONTRARY, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PLATFORM OR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
No waiver by us of any term or condition set out in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of PeopleForBikes to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and if such provision is determined to be invalid or unenforceable nonetheless, the provision shall be deemed to be severable from the remainder of these Terms and Conditions and shall not cause the invalidity or unenforceability of the remainder of these Terms and Conditions.
These Terms and Conditions constitutes the sole and entire agreement between you and us and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform or Services.
If you have any questions regarding these Terms and Conditions, the Platform, or Services, please contact firstname.lastname@example.org