Last Updated May 23, 2016
The Site is owned, operated and maintained by the PeopleForBikes Coalition, a 501(c)(6) non-profit and the PeopleForBikes Foundation, a 501(c)(3) non-profit (collectively “PeopleForBikes,” “us,” “our,” or “we”), and has been created for your information, education, entertainment and communication. The Site and all perceptible components hereof, including without limitation text, software, scripts, graphics, photos, sounds, music, videos, and interactive features are copyrighted by PeopleForBikes.
Third-party Services and Content
Restrictions on Use
The Site is available only for your personal, non-commercial use. This Site is not intended for children under the age of 13. If you are under 13 years of age, then please do not use the Site. Users between age 13 and 18 may only use the Site with the supervision and consent of a parent or guardian. By continuing to use the Site, you affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
You agree not to use the Site to (i) violate or encourage the violation of any local, state, national, or international law; (ii) stalk, harass, or harm another individual; (iii) collect or store personal data about other users of our Site; (iv) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; (v) interfere with or disrupt the Site or networks connected to the Site or disobey any requirements, procedures, policies, or regulations of networks connected to the Site.
You agree not to use the Site to send any message that is unlawful, libelous, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, profane, racially offensive, or otherwise objectionable, as determined by PeopleForBikes in its sole discretion.
Without our written consent, you may not (i) reproduce, duplicate, copy, sell, resell, or exploit for any commercial purpose any content on our Site or any use of or access to the Site; (ii) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam); (iii) use any high volume, automated, or electronic means (including, without limitation, robots, spiders, scripts, scrapers or other automated devices, processes or applications) to access the Site or monitor or copy our web pages or the content contained thereon, especially the Personal Information and Ride Data of our users; (iv) deep link to the Site for any purpose; or (v) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages.
All PeopleForBikes and any sponsor or third-party company names, logos and trademarks on the Site are the property of PeopleForBikes, or their respective owners, and you may not use any of such materials for any purpose without the express written agreement of the trademark owner.
Disclosure and Use of Your Communications
Postings to the Site and electronic mail delivered to PeopleForBikes are not confidential and PeopleForBikes shall not be liable for any use or disclosure thereof. All communications and any attached files you send to this site or to PeopleForBikes by electronic mail may be used by PeopleForBikes for any purpose whatsoever, commercial or otherwise, without compensation.
PeopleForBikes hereby grants you permission to use the Site as set forth in these Terms, provided that your use of the Site is solely for your personal, noncommercial use. You may not copy or distribute any part of the Site in any medium without PeopleForBikes’ prior written authorization. In addition, you may not alter or modify any part of the Site other than as may be reasonably necessary to use it for its intended purpose.
Content Submitted to the Site
By submitting content to and through the Site, you are responsible for the following: (1) you are at least 13 years old, and if you are under 18, that you are using the Site with the permission and supervision of your parent or guardian; (2) you are the owner of the content; (3) the content is truthful and accurate; (4) the content will not cause injury to any person or entity; (5) the content does not infringe someone else’s copyright, trademark, proprietary rights or rights of publicity and privacy; (6) the content does not violate a law, statute, ordinance or regulation; (7) the content would not reasonably be considered to be defamatory, libelous, hateful, racially or religiously biased or offensive or harassing to another party; (8) you were not paid to submit the content; (9) the content does not contain references to other websites, email addresses, contact information or phone numbers; (10) if the content contains the likeness or name of an identifiable person, you have that person’s permission to include their likeness/name in the content you are submitting; and (11) the content does not contain computer viruses, worms or other potentially damaging programs or files.
For any content that you submit, you grant PeopleForBikes a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you. You also hereby grant each user of the Site a non-exclusive license to access your content through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such content as permitted through the functionality of the Site as provided for in these Terms.
All content that you submit may be used PeopleForBikes’ sole discretion. PeopleForBikes reserves the right to change, condense or delete any content on this website that PeopleForBikes deems, in their sole discretion, to violate the content guidelines or any other provision of these Terms. PeopleForBikes does not guarantee that you will have any recourse through PeopleForBikes to edit or delete any content you have submitted. Ratings and written comments are generally posted within two to four business days. However, PeopleForBikes reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you alone, not PeopleForBikes, are responsible for the contents of your submission.
All communications, feedback, questions, comments, suggestions, proposed features, and the like (collectively “Feedback”) will be considered non-confidential and non-proprietary with regard to you, but we reserve the right to treat any such Feedback as the confidential information of PeopleForBikes. By submitting Feedback to us, you assign to us, free of charge, a perpetual, irrevocable, worldwide license to create derivative works, distribute, reproduce, perform, display, and otherwise use, any intellectual property rights or proprietary information and ideas contained within any such Feedback, including without limitation the right to sublicense or assign any of the foregoing. We will be entitled to use any Feedback you submit to us, and any ideas, concepts, know-how or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing and marketing products and services using such Feedback without restriction and without notifying or compensating you in any way. Please do not send us any information or materials for which you do not wish to grant us such rights, including, without limitation, any confidential information or any original creative materials such as product ideas, written materials, photographs, original artwork, or computer code. ?You are responsible for the information and other content contained in any Feedback you submit to us, including, without limitation, their truthfulness and accuracy.
Creating a User Profile
In order to access some features of the Site, you may have to create a user profile. You may never use another’s user profile without permission. When creating your user profile, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your user profile, and you must keep your user profile password secure. You must notify us immediately of any breach of security or unauthorized use of your user profile. Although PeopleForBikes will not be liable for your losses caused by any unauthorized use of your user profile, you may be liable for the losses of PeopleForBikes or others due to such unauthorized use.
Claims of Copyright Infringement
PeopleForBikes does not permit copyright infringing activities and infringement of intellectual property rights on the Site and will remove content if properly notified that such content infringes another’s intellectual property rights. PeopleForBikes reserves the right to remove content without prior notice. We will also terminate your access to the Site, if you are determined to be a repeat infringer. A repeat infringer is someone who has been notified of infringing activity more than twice and/or has had submitted content removed from the Site more than twice. PeopleForBikes also reserves the right to decide whether the content is appropriate and complies with these Terms for violations other than copyright infringement, including but not limited to pornography, obscene or defamatory material, or excessive length. PeopleForBikes may remove such content and/or terminate your access for uploading such material in violation of these Terms at any time, without prior notice and at their sole discretion. If you believe that your content has been copied in a way that constitutes copyright infringement, you may submit a notification pursuant to Title 17, United States Code, Section 512(c)(2) by providing our Copyright Agent the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) an identification or description of the copyrighted work that you claim has been infringed; (3) an identification or description of where the material that you claim is infringing is located on the Site; (4) your address, telephone number, and email address; (5) 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; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Please contact us with claims of copyright infringement on the Site at:
P.O. Box 2359
Boulder, CO 80306
The services referred to in the Site are available in the United States and may not be available in your country. The Site is controlled and operated by PeopleForBikes from the United States and PeopleForBikes makes no representation that the information and materials in the Site, including without limitation the information and other materials promoting the services identified herein, are applicable or available for use in other countries. Also, some software from the Site may be subject to export controls imposed by the United States Government and may not be downloaded or otherwise exported or re-exported into (or to a national or resident of) any country to which the U.S. has placed an embargo. If you download or use the software, you represent and warrant that you are not located in, or under the control of, or a national of any such country or on any such list.
The laws of the state of Colorado and the United States govern these Terms and any claims arising out of or relating to use of the Sites, without giving effect to any choice of law rules. We make no representation that our Sites are appropriate, legal or available for use outside of the United States. The state and federal courts located in Denver, Colorado will serve as the exclusive venue for any actions brought, or claims made, arising out of your use of our Sites, and you expressly consent to such jurisdiction and venue.
DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY LAW, PEOPLE FOR BIKES, ITS RELATED ENTITIES, ITS SERVICE PROVIDERS, ITS LICENSORS, AND ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “PEOPLEFORBIKES PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, RELATED TO OUR SITE.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF OUR SITE IS AT YOUR SOLE RISK. OUR SITE AND ALL INFORMATION, CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE PEOPLEFORBIKES PARTIES ARE NOT RESPONSIBLE FOR THE TIMELINESS OF DELIVERY OF CONTENT, ANY FAILURES OF DELIVERY OR RECIEPT OF PAYMENT, ERRONEOUS DELETION, OR ANY LOSS OR DAMAGE OF ANY KIND YOU CLAIM WAS INCURRED AS A RESULT OF THE USE OF THE SITE. UNDER NO CIRCUMSTANCES, WILL ANY OF THE PEOPLEFORBIKES PARTIES BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON ANY OF OUR SITE OR ANY CONTENT, PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH ANY OF OUR SITE.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF ANY PEOPLEFORBIKES PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. ?IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE PEOPLEFORBIKES PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
You acknowledge that you may have or may in the future have claims against us which you do not know or suspect to exist in your favor when you agreed to these Terms and which if known, might materially affect your consent to these Terms. You expressly waive all rights you may have under Section 1532 of the California Civil Code, which states:
A GENERAL RELEASE DOES NOT EXTEND THE CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN ITS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
IF THIS CLAUSE IS HELD TO BE UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO RELEVANT LAWS, THEN IN NO EVENT SHALL OUR OR THE RELEASEES TOTAL LIABILITY TO YOU EXCEED THE TOTAL AMOUNT YOU HAVE PAID US OR THE RELEASEES DURING THE SIX (6) MONTHS PRIOR TO THE INCIDENT. NOTHING IN THIS CLAUSE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.
You agree to indemnify and hold the PeopleForBikes Parties harmless from any claim or demand, including reasonable attorney’s fees and costs, made by any third party due to or arising out of your posting of any content on our Site, or other use of our Site in a manner not permitted by these Terms, including without limitation your actual or alleged violation of these Terms, or infringement of a third party’s intellectual property or other rights by you or another user of our Site using your computer, mobile device or account.
Limitation of Liability
PeopleForBikes will not be liable for damages of any kind, including without limitation special or consequential damages, arising out of your access to, or inability to access, the Site or your use of, or reliance upon, the Site or the content hereof. In addition, PeopleForBikes has no duty to update the Site or the content hereof and PeopleForBikes will not be liable for any failure to update such information. Further, PeopleForBikes is neither responsible nor liable for your use of other websites that you may access via certain links within the Site. These links and other “resources” referenced on the Site are provided merely as a public service to users of the internet and inclusion in our Site does not constitute an endorsement by or affiliation with PeopleForBikes.
Purpose of the Site
The contents of the Site are for informational purposes only, and are not intended as medical advice. For medical care and advice, you should consult your physician or health care provider on a regular basis. If you have any problem that concerns you, consult your physician immediately.
If any provision of these Terms is determined by a court of law to be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent, and the invalid provision will be modified as necessary to make it valid and enforceable while as closely as possible reflecting the original intentions of PeopleForBikes. You agree that these Terms and any other agreements referenced herein may be assigned by us, in our sole discretion, to a third party in the event of a merger or acquisition or otherwise. These Terms shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your interaction with our Site. ?You agree and understand that these Terms together with any other applicable agreements you may have entered into regarding our Site, constitutes the entire agreement between you and PeopleForBikes regarding your use of the Sites, and that any other prior agreements between you and PeopleForBikes are superseded by these Terms. ?Any failure by PeopleForBikes to exercise its rights under these Terms or to enforce the terms hereof will not constitute a waiver of those rights. ?You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of a Site or relating to these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Changes to Terms and Monitoring of Content
If you have any questions about our Terms, you can contact us at:
P.O. Box 2359
Boulder, CO 80306
Notice for California Users
Under California Civil Code Section 1789.3, California the Site users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.