Terms of Service
TERMS AND CONDITIONS OF USE
Last Updated: March 12, 2014
You acknowledge that BikeMinds may, from time to time, and in its sole discretion and without notification to you, modify these Terms. Your access and/or use of this Website indicates your agreement to be governed by these Terms. It is your responsibility to be aware of any such revision or modifications each time you visit or use the Website. If you do not so agree, you are not authorized to access or use the Website in any manner.
TERMS AND CONDITIONS OF USE
Website Intended for Adults.
Unless you have express permission from your parent(s) and/or guardian, you must be 18 years old or older to access, purchase from, or otherwise use any Services via the Website.
BikeMinds makes no guarantees regarding the availability of the Website or the Services (including the availability of any given Service). BikeMinds reserves the right, in its sole discretion, to discontinue the Website or Services and/or modify the contents of the Website or the terms of the Services as it sees fit, including but not limited to, any price for Services and other e-commerce related information and/or functionality. You agree that BikeMinds will not be liable to you for any such discontinuance or modification of the Website or the Services.
BikeMinds grants you a limited license to access and make personal, non-commercial use of the Website for purposes and uses that are legal and that are otherwise permitted by these Terms. Other than page caching and/or podcasts, you are not authorized to download or modify the Website or any portion of it, except with express, prior written consent of BikeMinds. This license does not include and specifically prohibits any resale or commercial use of this site or its contents (except for your purchase of goods and/or Services); any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another person or merchant; or any use of data mining, robots, or similar data gathering and extraction tools. You may not post or transmit through the Website any material that (i) violates or infringes in any way upon the rights of others, including intellectual property rights; and/or (ii) that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any law, or which contains advertising or any solicitation with respect to products or services. You are also prohibited from using the Website in any way that restricts or inhibits any other Website User from using or enjoying the Website consistent with the letter and intent of these Terms.
Any unauthorized use immediately terminates the permission or license granted by BikeMinds in relation to the Website.
Linking to Others, Advertisers and Promotions
BikeMinds may, from time to time, provide via the Website, links to other websites or resources and/or advertisements or other promotional materials for third-parties. Because BikeMinds has no control over the content of linked-to sites or the quality of the goods or services offered via the linked-to sites, User acknowledges and agrees that BikeMinds is not responsible for and in no way guarantees or endorses: (a) the availability of linked-to sites or resources; (b) the accuracy, value, or completeness of any content available at or through the linked-to sites; and/or (c) the goods or services offered via the third-party sites.
Accordingly, User acknowledges and agrees that BikeMinds shall not be responsible or liable to User in any manner, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on the content of any linked-to websites and/or the quality of any goods or services offered by or through any linked-to third-party site or offered by any promoter or advertiser on the Website.
Our Opinions. You must exercise your own judgment as to any BikeMinds opinions or suggestions. If we make product suggestions or we give motorcycle touring or riding advice, you must evaluate the information on your own and make your own decision as to whether you agree with our opinion. You promise to hold BikeMinds and its affiliates, officers, directors, employees, contractors, successors and assigns harmless from and to defend and indemnify us from any damages caused by you relying upon BikeMinds opinions or advice.
Opinions of Others. BikeMinds is not responsible for the opinions of others on the Website or the content uploaded by others on the Website, even if BikeMinds attempts to monitor, approve and/or edit such content from time to time.
Your Content & Appropriate Use of Website
You hereby grant BikeMinds the perpetual, worldwide, royalty free right to use, distribute, display, perform, reproduce and prepare derivative works from any content you upload to the Website or send via the Website (e.g., photographs, images, stories, texts, maps, audio files, etc.) ("User Content").
Any information that you disclose in public areas of this Website may become public information. You should exercise caution when deciding to disclose personal information in such areas. By submitting content or information to this Website, you represent and warrant that such information and content does not infringe upon or violate any person’s or company’s rights, and you agree to indemnify, defend and hold harmless BikeMinds, its affiliates, officers, directors, employees, contractors, successors and assigns for any damages or liability that arise out of or related to your contribution of content or information. You promise not to sue or make a claim against BikeMinds or its affiliates, officers, directors, employees, contractors, successors or assigns, and you hereby waive any and all claims against such parties for any liability or damages arising out of or related to the acts or omissions of other Users or contributors to this Website.
You, as a User, agree you are responsible for all of your User Content, including, but not limited to, comments, commentary, suggestions, and otherwise. You agree that you will not upload, post, e-mail, or otherwise transmit to the Website or to any other User any messages, programs, or other materials (including, but not limited to, Trojan Horses, viruses, worms, and the like) that contain software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or telecommunications equipment or collect or mine information about this Website or other Users. You agree not to send communications, make postings or otherwise upload User Content that infringes upon or breach another party's intellectual property rights, contract rights or other rights. You agree not to send inappropriate communications, make inappropriate postings or otherwise upload User Content that is/are obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another User or any other person or entity, sexually-explicit, solicitations of business, chain letters or pyramid schemes.
You may not decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website. You may not violate or attempt to violate the security of the Website, including, without limitation, unauthorized access of data; circumventing authentication mechanisms; or interfering with the Website in any way. You may not use any engine, software, tool, agent or other device or mechanism (including, but not limited to, browsers, spiders, avatars or BOTs/intelligent agents) to navigate or search the Website other than as provided through the Website and/or a standard third-party browser. You may not "frame" this Website or display the Website’s content through any other URL or in conjunction with another company name or trademark. You may not copy the HTML code that BikeMinds creates to generate its webpages.
The BikeMinds Website contains copyrighted material, trademarks and other proprietary information which may include text, software, photos, video, graphics, music and sound. The entire contents of the BikeMinds Website are subject to copyright laws of the United States. BikeMinds owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part, including the User Content of others. Except as otherwise expressly permitted under copyright law or expressly allowed herein, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of BikeMinds and, where necessary, the copyright owner if other than BikeMinds. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any such ownership rights by downloading copyrighted material or otherwise using the Website. Without BikeMinds’ prior written permission, you agree not to display or use in any manner (other than as set forth in these Terms), any trademarks or content found on the Website.
Our Monitoring of the Website.
BikeMinds does not have an obligation to assess or guarantee the accuracy or appropriateness of the communications or postings of you or other Users, even if BikeMinds elects, in its sole discretion, to do so or to attempt to do so from time to time. BikeMinds is not responsible for any User Content or actions or omissions in response to User Content.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BIKEMINDS OR THROUGH THE BIKEMINDS' WEBSITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Disclaimer of Warranties; Limitation Of Liability
NEITHER BIKEMINDS, NOR ANY OF ITS SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, SUCCESSORS OR ASSIGNS, WARRANT THAT THE SERVICES OR THE INFORMATION PROVIDED VIA THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE. EXCEPT AS IS EXPRESSLY SET FORTH ELSEWHERE HEREIN, THE SERVICES (INCLUDING THE SALE OF ANY PRODUCTS) ARE MADE AVAILABLE "AS IS," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, (UNLESS EXPRESSLY PROVIDED ON THE WEBSITE AS TO PRODUCTS BIKEMINDS SELLS), INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHERWISE, ALL SUCH WARRANTIES BEING EXPRESSLY DISCLAIMED. TO THE EXTENT ALLOWED BY LAW, NEITHER BIKEMINDS, NOR ANY OF ITS SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, SUCCESSORS OR ASSIGNS, SHALL HAVE ANY LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES SUFFERED BY YOU OR ANY OTHER PARTY ARISING OUT OF OR RELATED TO (A) YOUR USE OF THE WEBSITE OR SERVICES, (B) THE OPERATION OR MALFUNCTION OF THE WEBSITE OR SERVICES, OR (C) ARISING IN ANY WAY FROM OR RELATING TO YOUR PURCHASE OF BIKEMINDS PRODUCTS (OR ANY OTHER PRODUCTS) VIA THE WEBSITE, AND, REGARDLESS OF WHETHER OR NOT SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AS TO (A) THROUGH (C).
Limitation of Liability
TO THE EXTENT ALLOWED BY LAW, BIKEMINDS SHALL HAVE NO LIABILITY FOR UNAUTHORIZED THIRD-PARTY ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF, ANY INFORMATION CONTAINED ON THE WEBSITE THROUGH ACCIDENT OR THROUGH FRAUDULENT OR WRONGFUL MEANS OR DEVICES. IN ANY EVENT, THE LIABILITY OF BIKEMINDS TO YOU OR ANY OTHER USER FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO AND SHALL IN NO EVENT EXCEED THE SUM OF THE GREATER OF ONE HUNDRED U.S. DOLLARS (US$100.00) OR, IN THE EVENT THAT YOUR DISPUTE OR CLAIM ARISES FROM YOUR PURCHASE OF SERVICES VIA THE INTERNET, THE COST OF SUCH DISPUTED SERVICES (I.E., THE AMOUNT YOU PAID TO BIKEMINDS FOR SUCH SERVICES). THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, NON-INFRINGEMENT, AND OTHER CAUSES OF ACTION OR ALLEGATIONS.
NOTE: SOME JURISDICTIONS EITHER DO NOT ALLOW OR OTHERWISE LIMIT THE PERMISSIBLE SCOPE OF DISCLAIMERS AND LIMITATIONS SUCH AS THOSE APPEARING ABOVE. ACCORDINGLY, SOME OF THE LIMITATIONS AND DISCLAIMERS APPEARING THEREIN MAY NOT APPLY TO YOU.
- Warranties Disclaimed
You agree to indemnify, defend, and hold harmless BikeMinds, its directors, officers, employees, assignees, agents, successors and assigns ("BikeMinds Parties") from any action brought against or damages suffered by BikeMinds Parties with respect to any claim, demand, cause of action, debt or liability, including, without limitation, reasonable attorneys' fees and expenses, to the extent that such action, damage, debt or liability is based upon a claim that: (i) if true, would constitute a breach of any of your representations, warranties, or obligations under the Terms; (ii) arises out of or relates to your use of the Website or Services; and/or (iii) arises out of your negligence, willful misconduct or breach of these Terms.
In the event that one or more of the words, phrases, sentences, clauses, sections, subdivisions or subparagraphs contained herein shall be held invalid, these Terms shall be construed as if such invalid portion had not been inserted. In the event that any invalid language is severed under this paragraph, the severed language shall be comprised of the smallest unit possible such that the severance of the unit results in a valid provision (e.g., a single item in a list would be severed rather than the entire list, a clause would be severed rather than the entire sentence, etc.).
These Terms sets forth and contain the entire agreement with regard to the matters set forth herein between you and BikeMinds. There are no promises, terms, conditions, or obligations other than those contained herein. These Terms supersede all previous communications, representations, or agreements, either verbal or written, between and among the parties with respect to the subject matter of these Terms.
Choice Of Law & Arbitration
These Terms, and any disputes arising from, relating to, or touching upon these Terms and/or the subject-matter hereof, shall be construed under and governed by the law of the State of New York. All contracts resulting from or relating to this Website as well as all information and advice provided herein, shall be deemed to been formed, entered into, executed, and/or given/communicated in the State of New York.
In BikeMinds’ discretion, BikeMinds may insist that any dispute arising out of or related to any product or service or this Website be arbitrated in New York, New York pursuant to the commercial rules of the American Arbitration Association; provided, however, that any equitable remedies available via the state and federal courts of New York may remain in effect after BikeMinds elects arbitration pending resolution of the arbitration.
Venue; Personal Jurisdiction; Service of Process
Any action at law, suit in equity or other judicial proceeding concerning, relating to, or touching upon in any way these Terms or the subject-matter hereof, shall be brought or commenced, if at all, only in the courts of New York. By accessing and using the Website, you (and any person or entity on whose behalf you act) hereby submit to personal jurisdiction in New York in any action by or against you arising out of or related to the Website or these Terms and you waive and release now and forever any defense to that assertion of jurisdiction that might otherwise exist. You (and any person or entity on whose behalf you act) agree to service of process for any claim arising out of or related to these Terms via a national private carrier (e.g., FedX, UPS), and hereby waive personal service.
Headings For Convenience Only
The headings used herein are for convenience only. The headings do not purport to define, limit, or extend the scope or intent of the language of the sections and the paragraphs to which they pertain.
The waiver by one party of a breach of any provision of these Terms by the other party shall not operate or be construed as a waiver of any subsequent breach of the same or any other provision by the other party. The failure of a party at any time to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same.
Digital Millennium Copyright Act & Content Complaints
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that material posted on the Website, including User Content, infringes your copyrights, you (or your agent) may send BikeMinds a notice requesting that the material be removed or access to it be blocked. The notice must include the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this Website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow BikeMinds to locate the material on the BikeMinds Website; (d) the name, address, telephone number and e-mail address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send BikeMinds a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details.
BikeMinds suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
If you believe that your User Content or other intangible property has been copied or otherwise appears on this BikeMinds Website in a way that constitutes copyright infringement or the violation of your rights, please notify us immediately in writing (via certified mail, return receipt requested, or via overnight delivery service) in accordance with the DMCA as set forth above at the contact address set forth below.
Please direct all notices, counter-notices, inquiries and other communications relating to the Website and/or the Services to:
BikeMinds Website Information
by email to: firstname.lastname@example.org
or by phone at: 404.565.4760
If you believe that your User Content or other intangible property has been copied or otherwise appears on this BikeMinds Website in a way that constitutes copyright infringement or the violation of your rights, notices and counter-notices with respect to this Website should be sent to our in writing (via certified mail, return receipt requested, or via overnight delivery service) at the contact address set forth below.
Repeat Infringer Policy
In accordance with the DMCA and other applicable law, it is BikeMinds' policy to terminate privileges of any User who repeatedly infringes the copyright or other intellectual property rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner's legal agent. BikeMinds may also, in its sole discretion, suspend and/or terminate privileges of any User who infringes another's copyright right or other intellectual property right, whether or not there is repeat infringement.
You warrant and agree that your access to and use of the Website is in compliance with the laws governing such access, use, and related conduct in your geographic region. If you access this website from outside the United States, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you live.
Use of the Website or the corresponding Services for any use or reason other than the intended and permissible uses described or implied herein is expressly prohibited. Any such misuse may constitute violation of state and federal civil and criminal laws and may result in civil and/or criminal prosecution.
Furthermore, without limiting other remedies, BikeMinds may immediately issue a warning and/or temporarily or indefinitely suspend or terminate your privilege to use and access the Website if you: (1) breach these Terms; and/or (2) take actions that BikeMinds believes may result in legal liability for you, for BikeMinds, or for other persons. BikeMinds reserves the right to deny access to the Website and/or any elements of the Website and/or the Services or any portion thereof to any person at any time and for any reason, as allowed by law.
Mobile and Other Devices
Any mobile Services provided by BikeMinds would not change your carrier's normal rates and fees, such as for text messaging fees. If BikeMinds provides mobile services, in the event you change or deactivate your mobile telephone number, you agree to update your account information within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
- Website Intended for Adults.