Welcome to teambikechallenge and affiliates and its affiliated websites: TeamBikeChallenge.com, Verdego.org (collectively “teambikechallenge and affiliates,” “We,” “Us,” or “Our”).
Teambikechallenge and affiliates offers a variety of online geo-mapping applications, fitness tools and calculators, mobile device applications, social networking components — including but not limited to, intra-website message services, discussion forums, community groups, personal profile pages — other fitness and health related products and services, and select promotional offers (collectively, the “Services”).
AGREEMENT TO TEAMBIKECHALLENGE AND AFFILIATES TERMS AND CONDITIONS OF USE
Subscribers, customers, users, third parties acting on behalf of users, or others who download, use, purchase, subscribe, aggregate teambikechallenge and affiliates data, information, or content available on or via teambikechallenge and affiliates affiliated websites, or otherwise interface with or access the teambikechallenge and affiliates affiliated websites or Services (collectively or individually “You” “User” or “Users”) must do so under the following teambikechallenge and affiliates Terms and Conditions of Use (“Terms and Conditions of Use).
BEFORE USING ANY OF THE SERVICES, PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS OF USE:
By accessing, browsing and/or using the Services, a User acknowledges that he/she has read, understood and agrees to be bound by all consents and disclosures set forth in the teambikechallenge and affiliates registration process (and hereby incorporated herein by this reference), all of the following terms and conditions of use, including any future modifications to the teambikechallenge and affiliates terms and conditions of use, and identified affiliated agreements, guidelines and policies (collectively, the “Agreement”). If a User does not consent to the Agreement, then teambikechallenge and affiliates requires that such user cease using the services immediately.
Teambikechallenge and affiliates and the Services are available for individuals aged 13 years or older. If a User is 13 or older but under the age of 18, then such User agrees to review the agreement with his/her parent(s) or guardian(s) to ensure that both the User and parent(s) or guardian(s) understand and consent to the agreement and that the User and parent(s) or guardian(s) review and accept the Agreement on the User’s behalf through the teambikechallenge and affiliates registration process. If the reader of the Agreement is a parent or guardian entering this Agreement for the benefit of a child over 13, then he/she agrees and accepts full responsibility for his/her child’s use of teambikechallenge and affiliates and the Services, including all financial charges and legal liability that such child may incur.
By using teambikechallenge and affiliates or the Services, a User therefore agrees, represents and warrants that:
- He/she is 13 years or older but under the age of 18 and he/she has reviewed and consented to the Agreement with his/her parent(s) or guardian(s) per the protocol set forth above, or
- He/she is 18 years or older and has consented to and agreed to the Agreement, and
- He/she has received consent from his/her physician to participate in any programs, workouts, exercises, or other fitness or health-related activity provided by teambikechallenge and affiliates or displayed as content on its affiliated websites: TeamBikeChallenge.com, Verdego.org.
- The Agreement constitutes a binding contract between Users and teambikechallenge and affiliates. Any User may contact us at teambikechallenge and firstname.lastname@example.org in order to receive a copy of this Agreement.
All Users acknowledge and agree that teambikechallenge and affiliates has offered the Services, set its prices and entered into the Agreement in reliance upon the warranty disclaimers and the limitations of liability set forth below. Users further acknowledge and agree that the warranty disclaimers and the limitations of liability set forth in the Agreement reflect a reasonable and fair allocation of risk between Users and teambikechallenge and affiliates, and that the warranty disclaimers and the limitations of liability set forth in the Agreement form an essential basis of the bargain between the Users and teambikechallenge and affiliates. Teambikechallenge and affiliates would not be able to provide the teambikechallenge and affiliates Services to Users on an economically reasonable basis without these limitations and disclaimers.
ADDITIONAL POSTED GUIDELINES
Teambikechallenge and affiliates may require Users to follow additional rules, policies, guidelines or other conditions (collectively “Guidelines”) in order to use particular features, to participate in certain promotions available through teambikechallenge and affiliates, or to receive and/or use other Services that teambikechallenge and affiliates may offer from time to time. In such cases, a User may be required to expressly consent to additional terms set forth in applicable Guidelines — for instance, a User might be obligated to check a box or click on a button marked “I agree.” This type of agreement is known as a “click-through” agreement. If any of the terms of a click-through agreement are different than the terms of the Terms and Conditions of Use, the terms of the click-through agreement will supplement or amend the Terms and Conditions of Use, but only with respect to the matters governed by the click-through agreement.
MODIFICATION OF THE TERMS AND CONDITIONS OF USE
OWNERSHIP AND PROPRIETARY RIGHTS
The Services are owned and operated by teambikechallenge and affiliates. The teambikechallenge and affiliates software, content, visual interfaces, information, graphics, design, compilation, computer code, online platform, products, software, and services, including but not limited to the mobile device applications and all other elements of the Services (collectively, the “Materials”) are protected by United States copyright, trade dress, patent and trademark laws, international laws and conventions, and all other relevant intellectual property and proprietary rights and applicable laws. All materials and components contained in the Services are the property of teambikechallenge and affiliates or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks and trade names displayed on the Services are proprietary to teambikechallenge and affiliates or its affiliates and/or third-party licensors. Except as expressly authorized by teambikechallenge and affiliates, any and all Users agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from or otherwise make unauthorized use of the Materials.
The Services are not available to persons under the age of 13 or to any Users suspended or removed from the Services by teambikechallenge and affiliates. Users agree that the information that they provide teambikechallenge and affiliates upon registration and at all other times will be true, accurate, current, and complete. Users also agree that they will ensure that this information is kept accurate and up to date at all times.
When a User registers as a member and obtains an account, he/she will be asked to provide a password. Because a User will be responsible for all activities that generate from his/her account, and one can only access his/ her account upon the transmission of the associated password, a User should keep that password strictly confidential at all times. A USER MUST NOTIFY TEAMBIKECHALLENGE AND AFFILIATES IMMEDIATELY OF ANY UNAUTHORIZED USE OF HIS/HER PASSWORD OR IF HE/SHE BELIEVES THAT PASSWORD IS NO LONGER CONFIDENTIAL. Teambikechallenge and affiliates reserves the right to suspend a User’s account and/or require that such User alter his/her password if we believe for any reason that such User’s password is no longer secure. A USER MAY NOT SHARE HIS/HER TEAMBIKECHALLENGE AND AFFILIATES ACCOUNT PASSWORD WITH ANY OTHER PERSON FOR ANY REASON.
PAYMENT TERMS AND CANCELLATIONS
A User agrees to pay any fees due for and incurred by their use of those select Services that require payment on the part of Users (“Paid Services”). Teambikechallenge and affiliates will administer and apply User payments received for Paid Services via the online billing mechanisms of its affiliated websites in a timely and commercially reasonable manner. Further, teambikechallenge and affiliates reserve the right to terminate a User’s access to a Paid Service on account of that User’s nonpayment of associated charges. If a User wants to discontinue his/her utilization of a Paid Service, then he/she may cancel that Paid Service in accord with the cancellation procedures established in the Guidelines pertinent to that Paid Service.
Certain individuals or vendors (collectively “third party vendors”) with whom teambikechallenge and affiliates maintains a commercial relationship may market their own promotions and services on (or through) teambikechallenge.com. To participate in some of those promotions or access some of those services, a User may be required to make payment for the specific service or promotion to the third party vendor that markets that specific service or promotion. Teambikechallenge and affiliates is not responsible for the administration or application of any User payments required by any third party vendor for any such select services or promotions.
TEAMBIKECHALLENGE AND AFFILIATES USAGE RULES
PROHIBITED CONDUCT & USES
A USER UNDERSTANDS AND HEREBY ACKNOWLEDGES AND AGREES THAT HE/SHE MAY NOT, AND WARRANT THAT HE/SHE WILL NOT:
- use the Services or any personal information or location information displayed on or within teambikechallenge and affiliates to “stalk,” harass, abuse, defame, threaten or defraud other Users, or collect, attempt to collect or store location information or personal information about other Users;
- use teambikechallenge and affiliates or the Services if he/she is under the age of 13 years old;
- include offensive or pornographic materials on or in his/her teambikechallenge and affiliates personal profile pages;
- use teambikechallenge and affiliates or the Services for any commercial or non-private use, it being understood that teambikechallenge and affiliates and the Services are to be employed for personal, non-commercial use only;
- fail to deliver payment for any Paid Services;
- use teambikechallenge and affiliates or the Services for any illegal purpose, or in violation of any local, state, national or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy and import or export control;
- make unsolicited offers, advertisements, proposals or send junk mail, to other Users of teambikechallenge and affiliates. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests and petitions for signatures;
- impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the teambikechallenge and affiliates accounts of other Users;
- share teambikechallenge and affiliates-issued passwords or any other means of access to a mobile device while any Service is running and accessible with any third party or encourage any other User(s) to do so;
- misrepresent the source, identity or content of information transmitted via teambikechallenge and affiliates;
- remove, circumvent, disable, damage or otherwise interfere with: (i) the security-related features of teambikechallenge and affiliates or the Services; (ii) the features of teambikechallenge and affiliates and the Services that prevent or restrict use or copying of any content accessible through the teambikechallenge and affiliates; or (iii) the features of teambikechallenge and affiliates and the Services that enforce limitations on use of the Services;
- intentionally interfere with or damage operation of teambikechallenge and affiliates or the Services, or any User’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms or other malicious code;
- post, store, send, transmit or disseminate any information or material that a reasonable person could deem to be objectionable, libelous, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;
- post, store, send, transmit or disseminate any information or material that infringes any patents, trademarks, trade secrets, copyrights or any other proprietary or intellectual property right of the a third party;
- attempt to gain unauthorized access to teambikechallenge and affiliates or the Services, other accounts, computer systems or networks connected to teambikechallenge and affiliates, or any part of it, through hacking, password mining or any other means to interfere with, or attempt to interfere with the proper working of teambikechallenge and affiliates or any activities conducted on teambikechallenge and affiliates;
- use any robot, spider, scraper or other automated means to access teambikechallenge and affiliates for any purpose without teambikechallenge and affiliates’ express written permission or bypass teambikechallenge and affiliates’ robot exclusion headers or other measures we may use to prevent or restrict access to teambikechallenge and affiliates or modify teambikechallenge and affiliates in any manner or form, nor to use modified versions of teambikechallenge and affiliates, including (without limitation) for the purpose of obtaining unauthorized access to teambikechallenge and affiliates; or
- sell or transfer or allow another person to access his/her account passwords, profiles or teambikechallenge and affiliates accounts.
USAGE; REFUSAL OR SUSPENSION OF SERVICE
Teambikechallenge and affiliates reserve the right, but have no obligation, to have teambikechallenge and affiliates’ systems monitor any User’s registration or social networking activities (including inviting a fellow User into a network of friends), as well as any User’s use of or access to the location information and profiles of other users. Accordingly, teambikechallenge and affiliates also reserves the right to disable any User’s use of or access to teambikechallenge and affiliates, its services, the personal and/or location information or the profiles of other Users, for any reason and without any notice.
A User is solely responsible for his/her involvement with other Users. Teambikechallenge and affiliates reserves the right, but have no obligation, to monitor disagreements between any Users.
Teambikechallenge and affiliates does not control the content of User accounts and profiles and does not have any obligation to monitor such content for any purpose. Users acknowledge that they are solely responsible for all content and material that they provide to teambikechallenge and affiliates.
Moreover, teambikechallenge and affiliates reserves the right to refuse access to any User, for any reason and without notice.
THIRD-PARTY CONTENT PRESENT ON OR LINKED ON TEAMBIKECHALLENGE AND AFFILIATES’ AFFILIATED WEBSITES
Certain content displayed on or linked to teambikechallenge and affiliates’ affiliated websites — TeamBikeChallenge.com, Verdego.org — namely, third-party websites and news headlines (collectively “third-party web content”) — is developed by individuals or merchants over whom teambikechallenge and affiliates exercises no direct control.
Teambikechallenge and affiliates does not endorse any third-party web content, or the information, material, products or services associated with third-party content.
Furthermore, some Users may find some third party web content to be objectionable, inappropriate or offensive. Teambikechallenge and affiliates therefore does not make any express or implied warranties with regard to the nature of the information, material, products, or services that are displayed or linked by any third party web content.
In addition, User contacts or business dealings with, or participation in the promotions of individuals or merchants found on or linked by any third-party web content exist solely and operate independently as between a User and such individuals or merchants. A User therefore agrees that teambikechallenge and affiliates shall not be responsible for or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the placement of, or linkage to such third-party web content on teambikechallenge and affiliates’ web properties.
- He/she is solely responsible for the transmission, accuracy, completeness and publication of that User Content;
- He/she controls all of the rights to that User Content and that it neither does nor will infringe or violate the rights of any third party; and
- Teambikechallenge and affiliates bears no responsibility, legal or otherwise, for that User Content.
PROHIBITED USER CONTENT
A User may not post Content on teambikechallenge and affiliates.com that:
- is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter;
- provides any telephone numbers, street addresses, last names or email addresses of anyone except said User;
- promotes information that a User knows is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- violates any intellectual property or other proprietary right of any third party, including User Content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other members;
- involves commercial activities and/or sales without teambikechallenge and affiliates’ prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- includes a photograph of another person posted without that person’s consent or, in the case of children under the age of eighteen (18), parental consent, or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights; or
- contains a virus or other harmful component.
USER ACCOUNTS AND USER CONTENT
A User is responsible for all User Content posted under his/her account on teambikechallenge and affiliates.com, and for adjusting those account settings, specifically User Privacy Settings, that permit him/her to display User Content on the site.
Posting User Content via the Internet inherently poses the risk of unintended disclosure and access by third parties to said User Content. Teambikechallenge and affiliates will make reasonable efforts to prevent User Content from disclosure that exceeds the account settings selected by a User, but teambikechallenge and affiliates cannot guarantee that User account settings will completely protect against some User Content from being viewed or accessed by unintended third parties, and teambikechallenge and affiliates will not be liable for such chance disclosures.
Upon a User’s termination of his/her account, he/she may request that teambikechallenge and affiliates completely “purge” the User account, including the deletion of any and all User Content previously submitted by that User. Teambikechallenge and affiliates will in turn undertake reasonable efforts to ensure that a User Account and teambikechallenge and affiliates is completely purged of User Content, subject to the limitation that teambikechallenge and affiliates may not be able to fully delete all User Content, specifically any User Content posted in teambikechallenge and affiliates forums, community groups on other User pages. Teambikechallenge and affiliates therefore directs that a User exercise good judgment when he/she posts UserContent to teambikechallenge and affiliates forums, community groups or on other User pages, and refrain from posting sensitive material.
In addition, teambikechallenge and affiliates cannot wholly purge health index-related User Content upon the deletion of a User Account. We will, however, make that information anonymous upon the termination of a User account.
OWNERSHIP RIGHTS IN USER CONTENT
When a User transmits or otherwise supplies User Content to teambikechallenge and affiliates, or otherwise makes User Content available on or through teambikechallenge and affiliates.com, he/she expressly grants teambikechallenge and affiliates a royalty-free, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, display, translate or distribute such User Content for any purpose, commercial, advertising or otherwise, on or in connection with teambikechallenge and affiliates or the promotion thereof.
In addition, teambikechallenge and affiliates obtains a royalty-free, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to create derivative works from User Content, display User Content, in whole or in part, and/or to incorporate User Content in other works in any form, media or technology, and a User agrees that any “moral rights” in that User Content have been waived. Moreover, when a User posts User Content to teambikechallenge and affiliates.com, he/she authorizes and directs teambikechallenge and affiliates to make such copies thereof as it deems necessary in order to facilitate the posting and storage of the User Content.
The rights held by teambikechallenge and affiliates relative to User Content, as delineated above, are, however, subject to the limitation that should teambikechallenge and affiliates seek to make use of certain User Content — namely a User’s image — for explicit commercial or advertising purposes, teambikechallenge and affiliates will make a reasonable effort to secure consent from that User for that specific purpose.
Further, teambikechallenge and affiliates does not assert any real ownership over User Content. Rather, subject to the rights granted to teambikechallenge and affiliates in these Terms and Conditions of Use, a User retains full ownership of any and all of his/her User Content and any intellectual property rights or other proprietary rights associated with said User Content.
TEAMBIKECHALLENGE AND AFFILIATES REVIEW OF USER CONTENT
Teambikechallenge and affiliates does not actively monitor, review or edit User Content posted or otherwise made available by a User on its affiliated websites TeamBikeChallenge.com, Verdego.org. Accordingly, by consenting to the Terms and Conditions of Use, a User understands and acknowledges that when he/she accesses or otherwise uses teambikechallenge and affiliates or select Services, he/she may be exposed to User Content from a variety of sources, and that teambikechallenge and affiliates is not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to such User Content. Further, a User must understand and acknowledge that he/she may be exposed to User Content that is inaccurate, offensive, indecent or objectionable, and he/she agrees to waive, and hereby does waive, any legal or equitable rights or remedies he/she may have against teambikechallenge and affiliates with respect thereto.
Teambikechallenge and affiliates, however, reserves the right, in its sole discretion, to refuse to publish, edit or remove any User Content, in whole or part, which teambikechallenge and affiliates determines does not comply with these Terms and Conditions of Use; is illegal; or is otherwise undesirable, objectionable, inappropriate or inaccurate. Moreover, teambikechallenge and affiliates is not responsible for any decision, absence of any decision or delay in the revision or removal of any User Content that teambikechallenge and affiliates determines is unsuitable.
Teambikechallenge and affiliates and its Services are made available for your personal, non-commercial use only.
A User may not employ teambikechallenge and affiliates or its Services (other than those Services designed specifically for commercial use) to sell a product or service, or to increase traffic to a User or third party website for commercial reasons, such as advertising sales. A User may not take the results from a teambikechallenge and affiliates search and reformat and display them, or mirror the teambikechallenge and affiliates home page or results pages on his/her website. Moreover, a User may not “meta-search” teambikechallenge and affiliates.
If a User seeks to make commercial use of teambikechallenge and affiliates, he/she must enter into an agreement with teambikechallenge and affiliates to do so in advance. Please contact us at email@example.com for more information.
TEAMBIKECHALLENGE AND AFFILIATES CONTENT
Teambikechallenge and affiliates, its affiliated websites — TeamBikeChallenge.com, Verdego.org — and the Services contain trademarks, trade names, trade dress, service marks, copyrighted material concerning health and fitness and other health and fitness related content, materials, and information owned by teambikechallenge and affiliates and others (collectively “teambikechallenge and affiliates Content”).
OWNERSHIP OF TEAMBIKECHALLENGE AND AFFILIATES CONTENT
Teambikechallenge and affiliates is the sole owner of all teambikechallenge and affiliates Content, including all copyrights, trademarks, trade dress, service marks and other intellectual property rights. A User may not download, copy or save any teambikechallenge and affiliates Content or any portion of it, for any purpose, except as permitted by select Services (as provided for in the specific Guidelines and Policies relative to those Services), and in the limited cases where a User needs to print a copy of individual screens appearing as part of teambikechallenge and affiliates solely for personal use or records, provided that any logos, marks or other legends that appear on the copied screens remain and are not removed from the printed copy. Except as expressly permitted under these Terms and Conditions of Use and/or certain ancillary Guidelines related to specific Services, a User may not modify, copy, publish, display, transmit, adapt or in any way exploit the teambikechallenge and affiliates Content without the prior written permission of teambikechallenge and affiliates.
CONTENT IS NOT MEDICAL ADVICE
Teambikechallenge and affiliates Content does not constitute medical advice. Should a User have any healthcare-related questions, he/she should contact his/her physician or other healthcare provider promptly and in advance of his/her use of teambikechallenge and affiliates and the Services.
Any teambikechallenge and affiliates Content, including all text, photographs, images, illustrations, graphics, audio, video and audio/video clips and other materials, whether provided by teambikechallenge and affiliates or by other Users or third parties is not intended to be and should not be used in place of (A) the advice of a physician or other medical professional, (B) a visit, call or consultation with a physician or other medical professional, or (C) information contained on or in any product packaging or label.
A User therefore should never disregard medical advice or delay in seeking medical advice becuase of any teambikechallenge and affiliates Content and a user should not employ content for diagnosing or treating a healthy problem.
Further, the transmission and receipt of teambikechallenge and affiliates Content, in whole or in part, or communication via the Internet, email or other means does not constitute or create a doctor-patient, therapist-patient or other healthcare professional relationship between teambikechallenge and affiliates and a User.
NO AUTOMATED QUERYING OF ROUTE OR USER INFO
A User may not send automated queries of any sort to teambikechallenge and affiliates’ system without express permission in advance from teambikechallenge and affiliates. Note that “sending automated queries” includes, among other things:
- using any software that sends queries to teambikechallenge and affiliates to determine how many saved routes or Users teambikechallenge and affiliates has for various queries;
- “meta-searching” teambikechallenge and affiliates; and
- performing “offline” searches on teambikechallenge and affiliates.
Please do not write to teambikechallenge and affiliates to request permission to “meta-search” teambikechallenge and affiliates for a research project, as such requests will not be granted.
The Services and any third-party software, services or applications made available in conjunction with or through teambikechallenge and affiliates are provided “as is” and without warranties of any kind, either express or implied. Teambikechallenge and affiliates and its suppliers and partners (including without limitation teambikechallenge and affiliates’ third-party wireless carrier partners) disclaim all warranties, express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary rights.
Teambikechallenge and affiliates and its suppliers and partners (including without limitation teambikechallenge and affiliates’ third-party wireless carrier partners) do not warrant that the functions contained in the mobile services will be uninterrupted or error-free, that defects will be corrected or that teambikechallenge and affiliates or the server that makes them available are free of viruses or other harmful components. Moreover, teambikechallenge and affiliates, and its suppliers and partners (including without limitation teambikechallenge and affiliates’ third-party wireless carrier partners) do not warrant or make any representations regarding the use or the results of the use of any personal information or location information or the Services in terms of security, safety, correctness, accuracy, reliability or otherwise. A user (and not teambikechallenge and affiliates or its suppliers or partners) assume the entire cost of any necessary servicing, repair or correction related to the Services.
PHYSICAL FITNESS/HEALTH RELATED DISCLAIMERS
Teambikechallenge and affiliates requires that a user consults with his/her physician before he/ she uses TeamBikeChallenge.com, Verdego.org or the Services, undertakes to follow any training instructions he/ she receives via teambikechallenge and affiliates or its affiliated websites — TeamBikeChallenge.com, Verdego.org — or participates in any event announced by teambikechallenge and affiliates, or the affiliated websites. Teambikechallenge and affiliates is not a licensed medical care provider and represents that it has no expertise in diagnosing, examining or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition. Teambikechallenge and affiliates is not intended to be a substitute for professional medical advice, diagnosis or treatment. A User should understand that when participating in any exercise or exercise program, there is the possibility of physical injury and or death.
A User should never disregard medical advice or delay in seeking it because of something he/she has read on teambikechallenge and affiliates or its affiliated websites — TeamBikeChallenge.com, Verdego.org. Teambikechallenge and affiliates is not responsible for any health problems that may result from training programs, products, or events a User learns about through teambikechallenge and affiliates. If a User engages in any exercise program he/ she receives via teambikechallenge and affiliates or its affiliated websites — TeamBikeChallenge.com, Verdego.org — said User agrees that he/she does so at his/her own personal risk, is voluntarily participating in these activities, assumes all risk of injury to himself/herself, and agrees to release and discharge teambikechallenge and affiliates from any and all claims or causes of action, known or unknown, arising out of his/her use of that exercise program.
Not all types of physical activity are suitable for everyone, accordingly, before a User uses teambikechallenge and affiliates or the Services, undertakes to follow any training instructions he/she receives via teambikechallenge and affiliates or its affiliated websites — TeamBikeChallenge.com, Verdego.org — or participates in any event announced by teambikechallenge and affiliates or the affiliated websites, he/she should obtain permission from his/her physician to engage in vigorous exercise.
Teambikechallenge and affiliates further disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability or operability or availability of any and all information or material provided in connection with, or by the Services, any search results generated by or through the Services, or displayed and/or presented on its affiliated websites — TeamBikeChallenge.com, Verdego.org.
Teambikechallenge and affiliates also disclaims any responsibility for the deletion, failure to store, missed delivery or untimely delivery of any and all information or material, including teambikechallenge and affiliates Content and User Content.
A User understands and agrees that when he/she downloads or otherwise obtains material or data via teambikechallenge and affiliates, the Serivces or the affiliated websites — TeamBikeChallenge.com, Verdego.org — accordingly, teambikechallenge and affiliates disclaims any responsibility for any harm to a User that results from downloading or accessing any information or material through teambikechallenge and affiliates, the Serivces or the affiliated websites.
Certain state laws do not allow limitations on implied warranties. If these laws apply to a given User, some or all of the above disclaimers, exclusions or limitations may not apply to such User, and he/she might have additional rights.
INDEMNIFICATION; HOLD HARMLESS
A User agrees to indemnify, defend and hold teambikechallenge and affiliates and its suppliers and partners (including, without limitation, teambikechallenge and affiliates’ wireless carrier partners) harmless from any and all claims, suits, actions, losses, costs, damages and any other liabilities, including attorneys’ fees arising out of or related to (a) the use or misuse of any User’s personal information and location information, or the Services generally, (b) any violation of the rights of any other person or entity by User, (c) any breach or violation by a User of teambikechallenge and affiliates, or (d) a User’s employment of the Services to meet another User in person or to locate and attend any offline place or event.
Teambikechallenge and affiliates reserves the right, at a given User’s expense, to assume the exclusive defense and control of any matter for which such User is required to indemnify teambikechallenge and affiliates, and said User agrees to cooperate with teambikechallenge and affiliates’ defense of these claims.
LIMITATION OF LIABILITY AND DAMAGES
A User acknowledges and agrees that under no circumstances, including and without limitation, negligence, will teambikechallenge and affiliates, contractors, employees, agents or other third-party partners (including, without limitation, teambikechallenge and affiliates’ wireless carrier partners) or suppliers be liable to any User for any special, indirect, incidental, punative, reliance, consequential or exemplary damages related to or resulting: (A) the use, disclosure, display or maintenance of a User’s personal information or location information; (B) a User’s ability or inability to use the services; (C) the services generally, including the mobile services, or systems that make the services available; or (D) any other interactions with teambikechallenge and affiliates or any other User of the Services, even if teambikechallenge and affiliates or a teambikechallenge and affiliates’ authorized representative has been advised of the possibility of such damages.
This limitation shall also apply with respect to damages incurred by reason of other services or goods received through or advertized on teambikechallenge and affiliates’ affiliated websites — TeamBikeChallenge.com, Verdego.org — or through the Serivces or received through any links proved by teambikechallenge and affiliates, the affiliated websites or the Services, as well as by reason of any information or advice received through or advertised on teambikechallenge and affiliates’ affiliated webistes, the Services, or recieved through any links provided by teambikechallenge and affiliates, the affiliated websites or the Services.
This limitation shall also apply, without limitation, to the costs of procurement of substitute goods or services, lost profits or lost data. Such limitation shall further apply with respect to the performance or nonperformance of teambikechallenge and affiliates or the services or any information or merchandise that appears on or is linked or related in any way to teambikechallenge and affiliates, its affiliated websites or the Services. Such limitation shall apply notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law.
Without limiting the foregoing, under no circumstances shall teambikechallenge and affiliates be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties or loss of or fluctuations in heat, light or air conditioning.
In no event shall teambikechallenge and affiliates (or its affiliates, contractors, employees, agents, suppliers or third-party partners, including, without limitation, teambikechallenge and affiliates’ wireless carrier partners) total liability to a User for all damages, losses, and causes of action arising out of or relating to these terms and conditions of use, or a User’s employment of the Services (whether in contract, tort (including without limitation negligence), warranty or otherwise exceed the amounts paid by a User for accessing the services during the twelve (12) months immediately preceding the date of said User’s claim or one thousand dollars, whichever is greater.
A User further agrees that the limitations of liability set forth above will survive any termination or expiration of these terms and conditions of use, and will apply even if any limited remedy specified herein is found to have failed of its essential purpose.
Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages. Accordingly, the exclusions and limitations set forth above may not apply in their entirety to a specific User. Said User, however, agrees that teambikechallenge and affiliates’ liability will be limited to the extent permitted by law.
DIGITAL MILLENNIUM COPYRIGHT ACT COMPLIANCE
It is teambikechallenge and affiliates’ policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. In addition, teambikechallenge and affiliates will promptly terminate without notice the accounts of Users that are determined by teambikechallenge and affiliates to be “repeat infringers.” A repeat infringer is a User who has been notified by teambikechallenge and affiliates of infringing activity violations more than twice and/or who has had User Content removed from teambikechallenge and affiliates more than twice.
Copyright owners who believe that any content on teambikechallenge and affiliates infringes upon their copyrights are encouraged to submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”). Said notification should be sent to firstname.lastname@example.org and include the following in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the applicable teambikechallenge and affiliates Service are covered by a single notification, a representative list of such works on the applicable teambikechallenge and affiliates Service;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit teambikechallenge and affiliates to locate the material;
- Information reasonably sufficient to permit teambikechallenge and affiliates to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- 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 (for example, “I am under the good faith belief that the use of the copyrighted content that is identified herein is not authorized by the copyright owner, its agent, or the law.”); and
- 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 (for example, “I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or authorized to act on behalf of the copyright owner, of the copyright(s) that is allegedly infringed by the aforementioned content.”).
- A copyright owner acknowledges that if he or she fails to comply with all of the requirements of this section, his or her DMCA notice may not be valid. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Teambikechallenge and affiliates will provide account support (“Support”) to a User via email to email@example.com.
The Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the State of Colorado, without giving effect to any principles of conflicts of law.
A User agrees that any cause of action related to, or arising under the Terms and Conditions of Use must be commenced within one (1) year after said cause of action accrues. Should a User fail to commence any such action within that one-year term, such action is permanently barred.
A User agrees that any action at law or in equity arising out of or relating to the Terms and Conditions of Use or the Services shall be filed only in the state or federal courts in and for the County of Oakland, and he or she consents and submits exclusively to the personal jurisdiction of such courts for the purposes of litigating any such action.
Severability and Waiver
If any provision of the Terms and Condition of Use is determined to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and Conditions of Use shall not affect the validity and enforceability of any remaining provisions.
Moreover, a provision of the Terms and Conditions of Use may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of the Terms and Conditions of Use shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of the Terms and Conditions of Use shall not be construed as a continuing waiver of other breaches of the same or other provisions of the Terms and Conditions of Use.
Teambikechallenge and affiliates may provide the User with notices, including those regarding changes to the Terms and Conditions of Use, by email, regular mail or postings on its affiliated websites — TeamBikeChallenge.com, Verdego.org. Notice will be deemed given 24 hours after email is sent, unless teambikechallenge and affiliates is notified that the email address is invalid. Alternatively, teambikechallenge and affiliates may provide a User legal notice by mail to a postal address, if said postal address was previously provided by said User to teambikechallenge and affiliates or via one of the affiliated websites. In such case, notice will be deemed given three days after the date of mailing. Notices posted by teambikechallenge and affiliates on or via the affiliated websites are deemed given and binding 30 days following the initial posting.
The Terms and Conditions of Use (and any related Guidelines and/or Policies), and any rights and licenses granted hereunder, may not be transferred or assigned by a User, but may be assigned or transferred by teambikechallenge and affiliates without restriction.
Any and all provisions related to or regarding limitation of liability, disclaimers and indemnification contained in the Terms and Conditions of Use, hereby survive any termination of the Terms and Conditions of Use, or any termination of a User’s account or use of teambikechallenge and affiliates, the Services or the affiliated websites — TeamBikeChallenge.com, Verdego.org.
Changes in Services
Teambikechallenge and affiliates may modify the Services from time to time, for any reason, and without notice. Additionally, teambikechallenge and affiliates maintains a plenary right to terminate the Services for any reason, with or without notice, and without liability to any User or any third party.
The heading references herein are for convenience purposes only, do not constitute a part of the Terms and Conditions of Use, and shall not be deemed to limit or affect any of the provisions hereof.
These Terms and Conditions of Use (and any related Guidelines of the character detailed above) constitute the entirety of the agreement between teambikechallenge and affiliates and Users relative to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
Team Bike Challenge (TBC) is part of the Bay Area Bike to Work Day (BTWD), held during National Bike Month each May. TBC and BTWD are programs of Silicon Valley Bicycle Coalition.