PLEASE READ CAREFULLY: Please read these terms of use ("Site Terms") carefully as they apply to your access to, and use of, this web site located at www.netcyclist.com (the "Site") operated by innovative bike solutions d/b/a netCyclist (" netCyclist"). BY ACCESSING, BROWSING, AND USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED BELOW AS WELL AS ANY REFERENCED POLICY AND ANY SUBSEQUENT CHANGES TO THE FOREGOING. IF YOU DO NOT AGREE TO THESE SITE TERMS OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE OR OTHERWISE USE THIS SITE.
We reserve the right to change or modify any of the terms and conditions contained in these Site Terms or any policy of the Site, at any time and in our sole discretion. If we decide to change our Site Terms or a policy, we will post a new version on our site and update the date. Any changes or modification will be effective upon posting of the revisions. Your continued use of this Site following the posting of the changes or modifications will constitute your acceptance of such changes or modifications. You should frequently review these Site Terms (including its date) and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site.
Other Policies
To understand how we use information that we collect from the Site, you should refer to our Privacy Policy. If you are a member of our website, subscribing to our services, the terms of the Subscription Agreement also apply to your use of the Site. Please refer to our Copyright Policy if you believe that any content on this Site infringes any copyright held by you.
Copyright and License
All copyrighted and copyrightable materials on this Site, including, without limitation, the design, text, graphics, pictures, and other files, and the selection and arrangement ("Materials") thereof are ALL RIGHTS RESERVED Copyright © 2003 innovative bike solutions and/or its licensors. You are granted a limited, non-sublicensable right to access this Site and print the Materials for your personal, non-commercial, and informational use only. The foregoing license grant does NOT include the right for you to:
Except for the limited license granted to you, you are not conveyed any other right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Endless Pursuit or any third party. Any unauthorized use of this Site will terminate the permission or license granted by these Site Terms and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes.
Trademarks and Service Marks
This Agreement is governed by the laws of the State of Wisconsin, U.S.A. Your consent to this Agreement will include your consent to such law and the jurisdiction of and venue in the courts in Deschutes County Oregon, U.S.A. in all disputes arising out of or relating to this Agreement. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of this Agreement. Endless Pursuit may comply with law enforcement or regulatory requests or requirements notwithstanding any contrary term of this Agreement. Any cause of action or claim you may bring must be commenced within one (1) year after the claim or cause of the action arises. You further agree to binding Arbitration to resolve any dispute or claim made against Endless Pursuit relating to your use of the Site or any of its content. The prevailing party in the dispute will be entitled to attorneys’ fees, costs and expenses.
Submissions
Areas of the Site, including the Forums and Events section, may permit you to provide feedback or send materials to us, included for use on the Site. You agree that any such materials, including but not limited to, questions, ratings, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to us, or postings to or on the Site ("Your Materials"), are non-confidential (provided that personal information provided on non-public areas of the Site is subject to our Privacy Policy) and you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display Your Materials throughout the world in any media now known or hereafter developed, with or without acknowledgment to you, in our sole discretion and without compensation to you. You also grant to us the right to use your name in connection with our exercise of this license and connection with all advertising, marketing and promotional material related to your Materials. You agree that you shall have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in Your Materials and that the submission of any such materials to us, including postings to any forum or interactive area on the Site, irrevocably waives any and all "moral rights" in Your Materials, including the rights of paternity and integrity. You represent and warrant that have the legal right to submit or post Your Materials on the Site, that Your Materials are accurate, that use of Your Materials does not violate these Site Terms and will not cause injury to any person or entity, and that you will indemnify us against any liability or losses arising out of our use of Your Materials in accordance with these Site Terms. If you believe that any materials posted on the Site infringe any copyright or license held by you, please refer to our Copyright Policy.
Community Areas -- Acceptable Use
Prohibited Conduct and Content. This Site includes community areas such as discussion forums and interactive areas that permit users of the Site to post content and exchange information. These community areas are reserved for non-commercial purposes. By using the forums or interactive areas, you agree not to do any of the following:
You shall remain solely liable for the Content of any messages or other information you upload or transmit to this Site, including the discussion forums or interactive areas of the Site. You agree to indemnify and hold harmless Company from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these Site Terms, or your violation of any rights of a third party. We take no responsibility and assumes no liability for any Content posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, we are only a forum and are not liable for any statements, representations, or Content provided by users of the Site. YOU SHOULD USE YOUR OWN DISCRETION AND INDEPENDENT JUDGEMENT REGARDING THE ACCURACY AND RELIABILITY OF ANY CONTENT POSTED ON THE SITE.
Enforcement.
We reserve the right to monitor the Site and inspect any Content accessible through the Site (including any Content you post) in order to investigate any alleged violation of these Site Terms, our Subscriber Agreement, our policies, in response to any third-party complaints, or for other reasonable cause. We may access and disclose any information or Content we consider necessary or appropriate (including, without limitation, registration information, IP addressing and traffic information, and usage history) to: (a) comply with applicable law (e.g., a lawful subpoena, warrant or court order), including lawfully authorized governmental monitoring of subscriber conduct, communications and keystroke activity; (b) enforce or apply these Site Terms or our subscriber agreements; (c) initiate, render, bill, and collect for services; (d) protect our rights or property (including the integrity and operation of the our computer systems); (e) protect other users of the Site and our service from fraudulent, abusive, or unlawful use of, or subscription to, our service; or (f) if we reasonably believes that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of records without delay. Our right to disclose any such information shall govern over any terms of Company's Privacy Policy .
In the event that we determine in our sole and reasonable discretion that any Content or conduct or actions of any user are objectionable, unlawful, potentially infringing or otherwise violate these Site Terms, our Subscriber Agreement, or other applicable policy, we may take any action that we deem appropriate and reasonable under the circumstance to protect our systems, facilities, users, subscribers and/or third parties. Such corrective action includes, but is not limited to: (a) issuing a warning; (b) immediately suspending or terminating access to the Site or our services; (c) restricting or prohibiting access to any Content that is objectionable or otherwise violates these Site Terms, our Subscriber Agreement, or applicable policy; and/or (d) disabling or removing hypertext links, Content or the content of any third party from the Site.
Links
We make no claim or representation regarding, and accept no responsibility for, the quality, content, nature or reliability of sites accessible by hyperlink from this Site. The linked sites are not under our control and we are not responsible for their content. We are providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by us of the site or any information contained therein. When leaving this Site, you should be aware that our terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site.
No Warranties
THIS SITE AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, AND CONTENT ON THE SITE. WE DO NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE WE ATTEMPT TO ENSURE YOUR ACCESS AND USE OF THE SITE IS SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUS FROM ANY DOWNLOAD.
Limited Liability
IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE MATERIALS THEREIN.
Applicable Law and Venue
These Site Terms and any transactions thereunder shall be governed by and construed in accordance with the laws of the State of Wisconsin applicable to agreements made and entirely to be performed within the State of Wisconsin, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in state or federal court located in Deschutes County, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.
General Terms
We reserve the right, without notice and in our sole discretion, to terminate your license to use the Site, and to block or prevent future access to and use of the Site. If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
Users of the netcyclist.com web site (the "Site") and certain content providers may be permitted to host and make available content to you. Although we do not affirmatively screen user content or other content of third parties, we do not tolerate infringing material on the Site, and may remove content that appears to infringe any copyright or other intellectual property rights.
If you believe that your copyright has been infringed by material hosted on the Site, please send a "DMCA Notice" described below to netCyclist's Copyright Agent for Notice of Claims of Copyright Infringement. Once we receive a complete DMCA Notice, we will then evaluate your notice and take such action as is appropriate under the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512 et seq. Federal law requires your DMCA Notice include the following information:
netCyclist's Copyright Agent for Notice of Claims of Copyright Infringement can be reached as follows:
E-mail: support@netcyclist.com Please note that we, in our sole discretion, may terminate the account of any user or remove all content of a third party about whom we receive more than one complaint of copyright infringement.