Last Updated: August 15, 2021
User Acknowledgements. By accessing the Site, the User acknowledges and agrees to the following:
Any and all transactions are final.
Payments are nonrefundable and there are no refunds or credits.
User is fully liable for all charges related to the Site.
User acknowledges that Bikepath expressly disclaims the profitability related to use of and/or access to the Site.
The Site is intended solely for Users who are 18 or older and who satisfy the criteria described herein.
The Site is operated from the United States of America, and if the User is not located in the United States of America, then by accessing the Site, the User agrees to utilize an interface and services which are not located in, and may not be subject to the regulatory jurisdiction of, the country in which the User resides.
Bikepath does not guarantee uninterrupted, secure access to any part of the Site, and the operation thereof may be disturbed by numerous factors beyond Bikepath’s control.
User Restrictions. User acknowledges and agrees in connection with User’s use of the Site that User shall not:
Provide false, inaccurate, or misleading information;
Use, or attempt to use, the Site to harass, abuse, or harm, or advocate or incite harassment, abuse or harm of another person or group;
Partake in any transaction involving the proceeds of illegal activity;
Violate or assist in the violation of any applicable law, statute, ordinance, or regulation;
Intentionally try to defraud Bikepath or its Users;
Take any action that interferes with, intercepts, or expropriates any system, data, or information;
Transmit or upload any malicious software or program;
Attempt to gain unauthorized access to other accounts, the Site or any related networks;
Disrupt the Site in any manner; or
Use the Site if User is located in, or a citizen or resident of any state, country, territory or other jurisdiction that is embargoed by the United States of America, the European Union, or where use of the Site would be illegal or otherwise violate any applicable law.
User Representations and Warranties. The User represents and warrants that such User:
is of legal age to form a binding contract (at least 18 years old);
has not previously been suspended or removed from using the Site;
is not identified as an individual who is restricted or barred from conducting banking or financial transactions, in any jurisdiction or under any applicable laws;
is not a citizen or resident of any jurisdiction where use of the Site would be illegal or otherwise violate any applicable law and that User will not use the Site while located in any such jurisdiction;
is not placed on any list of suspicious persons banned from traveling or conducting business or financial transactions in any jurisdiction; and
Advertisements. By registering for and using the Site, each User accepts that Bikepath reserves the right to send a User advertisements and offers for other products and services via in-app messaging, text message and the email address a User provides. To opt-out of all further contact initiated by Bikepath, email at any time at email@example.com.
Links To Other Sites. The Site may contain links to third party websites and resources. Such sites and resources are not under Bikepath’s control and Bikepath shall not be responsible for the contents or functions thereof. Bikepath provides such links as a convenience, and the inclusion of any link does not imply endorsement by Bikepath or any association with its operators.
DISCLAIMERS; LIMITATION OF LIABILITY.
BIKEPATH CANNOT AND DOES NOT REPRESENT OR GUARANTEE THAT ANY OF THE INFORMATION AVAILABLE THROUGH THE SITE IS ACCURATE, RELIABLE, CURRENT, COMPLETE, VALID, STABLE OR APPROPRIATE FOR ANY USER’S NEEDS. BIKEPATH DOES NOT GUARANTEE TIMELINESS OF THE TECHNOLOGY OR INFORMATION INVOLVED IN THE SITE. BIKEPATH DISCLAIMS ANY LIABILITY FOR ANY LOSS OR DAMAGE SHOULD A USER USE OR VIEW INFORMATION AVAILABLE THROUGH THE SITE.
BIKEPATH IS NOT LIABLE AND EXPRESSLY DISCLAIMS ANY LIABILITY TO A USER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL USE, OR DATA), EVEN IF A PARTY HAS BEEN PROVIDED NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, BIKEPATH WILL NOT BE RESPONSIBLE FOR ANY COMPENSATION OR DAMAGES ARISING IN CONNECTION WITH A USER’S INABILITY TO USE THE SITE, INCLUDING AS A RESULT OF ANY (I) BIKEPATH’S DISCONTINUATION OF ANY OR ALL PARTS OF THE SITE, OR, (II) ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE SITE FOR ANY REASON, INCLUDING AS A RESULT OF POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS.
EACH USER ACCEPTS RESPONSIBILITY AND ASSUMES ALL LIABILITY FOR ALL ACTIVITIES AND CONTENTS GENERATED BY SUCH USER ON THE SITE. ANY COMMUNICATION BY BIKEPATH TO A USER SHALL NOT BE CONSTRUED UNDER ANY CIRCUMSTANCES AS LEGAL, TAX, ACCOUNTING OR FINANCIAL ADVICE. ANY USE OF OR ACCESS TO THE SITE SHALL NOT BE CONSTRUED AS THE FACILITATION OF ANY SALE OR EXCHANGE OF SECURITIES AS AN EXCHANGE.
BIKEPATH MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SITE OR THEIR CONTENTS, WHICH ARE PROVIDED ON AN “AS-IS, WHERE-IS BASIS.” BIKEPATH DISCLAIMS ANY AND ALL REPRESENTATIONS AND/OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SITE AND ANY WEBSITE WITH WHICH IT IS LINKED. BIKEPATH FURTHER DISCLAIMS ANY AND ALL REPRESENTATIONS AND/OR WARRANTIES THAT THE SITE WILL MEET A USER’S REQUIREMENTS; THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; AND/OR ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED. BIKEPATH IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS, PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF COMMUNICATION ON ACCOUNT OF TECHNICAL PROBLEMS, OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS OR TO ANY OTHER PERSON’S PROPERTY RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB OR IN CONNECTION WITH THE SITE. BIKEPATH ALSO EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND/OR WARRANTIES AS TO WHETHER ANY INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE, OR CURRENT. IT IS THE USER’S RESPONSIBILITY TO EVALUATE THE ACCURACY AND COMPLETENESS OF ALL INFORMATION, OPINIONS, AND OTHER MATERIAL AVAILABLE VIA THE SITE.
TO THE FULLEST EXTENT PERMITTED BY ALL APPLICABLE LAWS, BIKEPATH AND ITS AFFILIATES, SUBSIDIARIES, SHAREHOLDERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND CONTRACTORS SHALL IN NO EVENT BE LIABLE FOR ANY CLAIMS, CHARGES, DEMANDS, DAMAGES, LIABILITIES, LOSSES, AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING, INCLUDING, WITHOUT LIMITATION, ANY COMPENSATORY, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A COMPUTER OR ELECTRONIC VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF BIKEPATH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR ANY WEBSITE WITH WHICH IT IS LINKED. THE USER EXPRESSLY ASSUMES TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS-CHECKING AS THE USER DEEMS NECESSARY.
USERS OF THE SITE ARE RESPONSIBLE FOR THE RESULTS OF THEIR ACTIONS AND ARE RESPONSIBLE FOR PROTECTING ACCESS TO INFORMATION TO THE SITE INCLUDING, BUT NOT LIMITED TO, PASSWORDS AND USERNAMES.
EACH USER ACCEPTS THE RISK OF USING THE SITE AND IS SOLELY RESPONSIBLE FOR CONDUCTING SUCH USER’S OWN INDEPENDENT ANALYSIS OF THE RISKS SPECIFIC TO THE SITE. EACH USER ACKNOWLEDGES THAT IN USING THE SITE, SUCH USER IS NOT RELYING IN ANY MANNER ON BIKEPATH OR ITS AFFILIATES IN MAKING SUCH DECISION.
Beta Testing. THIS SECTION CONTAINS INFORMATION REGARDING SIGNIFICANT RISKS OF ACTING AS A TESTER AND/OR PARTICIPATING IN A BETA PROGRAM.
Certain Users (each, a “Tester”) may request and be permitted by Bikepath to use, evaluate and conduct tests, and to report results of such use tests and evaluations to Bikepath on a version of the Site and/or Mobile Software that has not been formally released to the general public (the “Beta Program”). The Beta Program will be provided solely for Tester’s nonexclusive, internal, limited use. Use of the Beta Program provides the Tester early operational experience with the Beta Program and provides Bikepath with specific information regarding the Tester’s experiences with the installation and operation of the Beta Program. The period of Beta testing and Beta support (the “Beta Period”) shall commence on the date which Bikepath permits Tester to participate in the Beta Program and shall end upon the earlier of: (a) the date of General Availability (“GA”) of the Site and/or applicable version of the Mobile Software, as Bikepath may determine in its sole discretion; (b) the date Tester discontinues use of the Beta Program; or (c) the date of termination of Beta Program by Bikepath, as provided herein. Upon termination, unless otherwise agreed to in writing by Bikepath and to the extent applicable, Tester will either return to Bikepath the Beta Program and Documentation and all copies thereof, or, if so instructed by Bikepath, destroy the Beta Program and Documentation and all copies thereof and certify in writing to Bikepath that they have been destroyed.
During the Beta Period, Bikepath may from time to time, in its sole discretion, provide available publications, education materials and other documentation respecting the Beta Program (the “Documentation”) to the Tester. All such Documentation, whether or not marked with a trademark notice, copyright notice or restrictive legend, such as “Confidential”, shall be considered the confidential and proprietary property of Bikepath and shall be provided to the Tester subject to the confidentiality provisions of set forth herein.
During the Beta Period, the Tester shall use reasonable efforts to commence operation of the Beta Program promptly; use the Beta Program and Documentation for testing purposes and not use the Beta Program to perform any formal activities during the Beta Period, unless Bikepath shall have otherwise approved in writing; at Bikepath’s request, document its experiences during the Beta Period and report on the operational status of the Beta Program and report to Bikepath its experiences and any problems encountered, including but not limited to reporting all errors, difficulties or other types of problems with the Beta Program; allow Bikepath personnel reasonable access to the Beta Program during the Beta Period, subject to Tester’s reasonable security procedures, for service and observation purposes; and furnish to Bikepath at the end of the Beta Period a written response to Bikepath’s questionnaire regarding the Tester’s experiences, including the Tester’s evaluation of the functions, performance and serviceability of the Beta Program and related Documentation.
Bikepath may correct errors in the Beta Program and Documentation within a reasonable time, as determined in its sole discretion. Bikepath does not guarantee or assume responsibility for any impact of use of the Beta Program on Tester’s existing business or other environment or on CPU performance. Tester acknowledges that the Beta Program constitutes an “untested” product. Tester understands that the testing and quality assurance of the Beta Program has not yet been completed, nor is the Beta Program authorized for general release by Bikepath. Tester agrees and acknowledges that the Beta Program has not been tested or debugged and is experimental and that the Documentation may be in draft form and will, in many cases, be incomplete. Tester agrees that Bikepath makes no representations regarding the completeness, accuracy or Tester’s use or operation of the Beta Program. The Beta Program and Documentation are being delivered “AS IS” WITHOUT WARRANTIES OF ANY KIND. BIKEPATH DOES NOT WARRANT THAT THE BETA PROGRAM WILL MEET TESTER’S REQUIREMENTS OR THAT THE OPERATION OF THE BETA PROGRAM WILL BE UNINTERRUPTED, ERROR FREE OR WILL APPEAR AS DESCRIBED IN THE DOCUMENTATION. BIKEPATH AND ITS AFFILIATES DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTY OF TITLE OR INFRINGEMENT. IN NO EVENT WILL BIKEPATH BE LIABLE TO TESTER OR ANY OTHER PERSON FOR LOSSES OR DAMAGES, DIRECT OR INDIRECT, OR EXPENSES INCURRED BY TESTER IN CONNECTION WITH THE USE OF THE BETA PROGRAM, INCLUDING LOST DATA, LOST PROFITS, BUSINESS INTERUPTION, TIME, MONEY, GOODWILL AND ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM EVEN IF BIKEPATH HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. TESTER’S SOLE AND EXCLUSIVE REMEDY SHALL BE TO TERMINATE THE BETA TEST BY WRITTEN NOTICE TO BIKEPATH.
Bikepath does not guarantee that the generally available release of the Site or Mobile Software will be identical to the Beta Program. Therefore, a re-installation of the generally available released version may be required. It is understood that Bikepath is not obligated, nor will it be obligated in the future, to make the Beta Program available as a standard product. Tester agrees that it will treat any reports provided to Bikepath, and any other information created by Tester, disclosed by Tester or disclosed by Bikepath with regard to the Beta Program, as confidential to Bikepath. Tester agrees not to disclose, publish, display or otherwise make available the Beta Program, the Documentation, or any information gained from its use of the Beta Program and Documentation to any third party without the prior written consent of Bikepath. Tester agrees to secure and protect the Beta Program and any copies thereof in a manner consistent with the maintenance of Bikepath’s rights herein and to take appropriate action by instruction or agreement with its employees who are permitted access to the Beta Program to satisfy Tester’s obligations hereunder. In the performance hereunder, or contemplation thereof, Tester may have access to know how, trade secrets and other confidential information, owned by Bikepath. Tester agrees to keep all such information confidential in accordance with reasonable industry standards. The Tester agrees that the reports prepared by the Tester and delivered to Bikepath may be used by Bikepath for all business purposes without any further consent or accounting in the development, manufacture, marketing and maintenance of the Beta Program and other Bikepath products and services, including reproduction and preparation of derivative works based upon such reports, as well as distribution of such derivative works.
User Identity. A User may not create or use an account on the Site for anyone other than such User. A User shall not let others use a User’s account and the User may not share such User’s login information with others. A User shall keep such User’s contact and profile information accurate and current. A User may never use another User’s account without their written permission. A User is solely responsible for the activity that occurs on such User’s account. A User shall notify Bikepath immediately in writing of any breach of security or unauthorized use of a User’s account. Bikepath shall not be liable for any losses or damages caused by any unauthorized use of a User’s account. By providing Bikepath with an email address the User consents to Bikepath using the email address to send the User Site-related notices, including any notices required by law, in lieu of communication by postal mail. If a User does not want to receive promotional email messages, such User may opt out by unsubscribing from such email communications from Bikepath. The User hereby warrants that: all information that such User provides to Bikepath is true and accurate; the User will not use the Site in violation of any international, Federal, State or local law, rule, ordinance or governmental regulation; and, User will only access the Site on computers and mobile devices for which the User is the authorized owner or has authority to access.
Digital Millennium Copyright Act Compliance. If a User has any copyright concerns about any materials posted on the Site by others, please let Bikepath know. Bikepath complies with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. § 512). Please provide Bikepath with written notice (“Notice”) by contacting Bikepath’s Designated Agent at the following address:
95 Third Street
San Francisco, CA 94103
To be effective, the Notice must include the following:
A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, (“Complaining Party”) of an exclusive right that is allegedly being infringed upon;
Information reasonably sufficient to permit Bikepath to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address;
Identification of the allegedly infringing material on the Site (“Infringing Material”), and information reasonably sufficient to permit Bikepath to locate such material on the Site;
Identification of the copyrighted work claimed to have been infringed upon (“Infringed Material”), or, if multiple copyrighted works at a single site are covered by a single Notice, a list of each copyrighted work claimed to have been infringed (User shall be specific as to which Infringing Material is infringing on which Infringed Material);
A statement that the Complaining Party has a good faith belief that use of Infringing Material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the Notice is accurate, and under penalty of perjury, that the Complaining Party is the owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Disclosures to Legal Authorities and Authorized Financial Institutions. Each User acknowledge and agrees that Bikepath may share such User’s personal information with law enforcement, data protection authorities, government officials, and other authorities in the following situations:
When required by law;
When compelled by subpoena, court order, or other legal procedure;
When disclosure is necessary to report suspected illegal activity; and
Bikepath is not registered with the financial and securities regulatory authorities or commissions of any country.
Prohibited Use. In connection with a User’s use of the Site, and such User’s interactions with other users, and third parties each User agrees and represents such User will not engage in any of the prohibited uses or activities set forth herein. Bikepath reserves the right, at all times, to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, sanctions programs, legal process or governmental request.
Suspension, Termination, and Cancellation. Bikepath may suspend, restrict, or terminate a User’s access to any or all of the Site if:
required by a facially valid subpoena, court order, or binding order of a government authority;
Bikepath reasonably suspects such User of using the User’s account in connection with a prohibited use or activity;
if there is any pending litigation, investigation, or government proceeding relating to such User and/or the User’s account and/or Bikepath perceives a heightened risk of legal or regulatory non-compliance associated with such User’s activity; and/or
if such User breaches any term or condition set forth herein.
Independent Contractor. The parties agree that for all intents and purposes, Bikepath is an independent contractor and nothing set forth herein shall be construed as creating any partnership, joint venture, agency or employment relationship whatsoever between User and Bikepath.
Force Majeure. Bikepath shall not be liable for any loss, damage, delays, changes in shipment schedules or failure to deliver caused by any event beyond its control, including, without limitation, acts or omissions of any manufacturer, accident, fire, pandemic, epidemic, actual or threatened strike or riot, explosion, mechanical breakdown (including technological or information systems), plant shutdown, unavailability of or interference with necessary transportation, any raw material or power shortage, compliance with any law, regulation or order, acts of God or public enemy, prior orders from others, or limitations on Bikepath’s or a manufacturer’s products or marketing activities or any other cause or contingency beyond Bikepath’s direct control.
OFAC. Pursuant to United States Presidential Executive Order 13224 (“Executive Order”), User may be required to ensure that it does not transact business with persons or entities determined to have committed, or to pose a risk of committing or supporting, terrorist acts and those identified on the list of Specially Designated Nationals and Blocked Persons (“List”) generated by the Office of Foreign Assets Control (“OFAC”) of the U.S. Department of the Treasury. The names or aliases of these persons or entities (“Blocked Persons”) are updated from time to time. User certifies, represents and warrants to Bikepath that: (a) it is not acting, directly or indirectly, for or on behalf of any person, group, entity or nation named by any Executive Order of the United States Treasury Department as a terrorist, “Specially Designated National and Blocked Person” or any other banned or blocked person, entity, nation or transaction pursuant to any Law that is enforced or administered by the Office of Foreign Assets Control; and (b) it is not engaged in this transaction, directly or indirectly on behalf of, or instigating or facilitating this transaction, directly or indirectly on behalf of, any such person, group, entity or nation. User hereby agrees to defend, indemnify and hold Bikepath harmless from and against any and all claims, damages, losses, risks, liabilities and expenses (including attorney’s fees and costs) arising from or related to any breach of the foregoing certification.
95 Third Street
San Francisco, CA 94103