Website Terms of Use

Date Updated: February 25, 2020

The website https://www.bikelaneuprising.com/ (the “Site”) is owned and maintained by Bike Lane Uprising, LLC. These Bike Lane Uprising (“BLU”) Website Terms of Use (“Terms”) govern use of the Site, however accessed, and the various online services and products offered through the Site. All visitors to the Site (“User”), whether transacting business or not, must follow these Terms.

 

By using any of the Site, User agrees to the Terms set forth herein. If User does not accept these Terms, User should not access the Site or use any of the services, products, or content provided on or through the Site. Accordingly, User agrees to the following:

Privacy. 

User has been notified of BLU’s privacy practices, which are set forth in the BLU Privacy Policy.

 

Limited License. 

  • BLU grants User a limited license to access and make personal use of the Site, subject to compliance with these Terms. 

  • User agrees to use the Site only for lawful purposes and to comply with all local, state, and federal laws, statutes, rules, and regulations in User’s residence or domicile. 

  • User agrees not to take any action that might compromise the security of the Site or render the Site inaccessible to others or otherwise cause damage to the Site or its contents. 

  • User agrees not to use the Site in any manner that might interfere with the rights or privacy of others.

 

Prohibited Uses. 

User may not use the Site to:

  • attempt to or actually disrupt, impair, interfere with, alter, or modify any data, information, software applications, or other materials posted and/or displayed by BLU or anyone else; or 

  • collect or attempt to collect any information from others, including, without limitation, personally identifying information; or 

  • attempt to or actually disrupt, impair, interfere with, alter, or modify any data, information, software applications, or other materials posted and/or displayed on another website.

  • upload, post, or transmit any informational content that is unlawful, threatens another person or entity, defamatory, vulgar, obscene, libelous, invades the privacy of another, or is otherwise objectionable;

  • harm legal minors;

  • intentionally or unintentionally violate any local, state, or federal law, including violations of the Copyright Act;

  • upload, post or transmit any software or files that contain software viruses or other harmful computer code;

  • upload, post or transmit any informational content that is the copyrighted, patented or trademarked intellectual property of another, or the trade secret of or confidential information of another;

  • upload, post or transmit and unsolicited or unauthorized advertising, including “spam” or “junk mail.”

  • reproduce, copy, duplicate, or sell any portion of the Site.

  • using automated systems or software to extract data from this Site or for commercial purposes, (‘screen scraping’) is prohibited unless the third party has directly concluded a written license agreement with BLU.

  • using automated systems or software to input data into this Site is prohibited unless prior written consent is provided by BLU.

 

Security Violations. 

User is prohibited from violating or attempting to violate the security of the Site, including, without limitation, 

  • accessing data or information not intended for User; 

  • accessing an account that User is not authorized to access; 

  • probing, scanning, or testing the vulnerability of the Site, or breaching any security or authentication measures, regardless of User’s motives or intent; or 

  • interfering with or disrupting the Site.

 

Violations of the security of the Site may result in civil or criminal liability. BLU retains the right to investigate occurrences that may involve such violations, and BLU may assist law enforcement authorities in the prosecution of such violations. BLU may also report such violations to regulatory authorities.

 

Please report any known or suspected violations of the Terms of Use, including any suspected copyright or trademark violations, to hello@bikelaneuprising@gmail.com.

 

 

Intellectual Property. 

User acknowledges that BLU, or its licensors, own and hold all intellectual property and proprietary rights, title, and interest in the Site and that User’s use of the same does not transfer any rights in the same to User. More specifically, User agrees to the following:

  • “Content” means all the services, products, and information provided on a website, including but not limited to all the page headers, images, graphics, text logos, button icons, design, layout, software and source code, digital downloads, sound, video files, and data.

  • The following is a non-exhaustive list of Content that is the property of BLU or BLU’s content suppliers and is protected by United States copyright laws:

    • all Site Content used to operate the Site and any applications contained therein; and

  • Unauthorized use of Content may violate applicable copyright, intellectual property, and other laws (some of which provide criminal remedies). User may not sell or modify the Content or reproduce, display, distribute, share, transfer, copy, or create derivative works from any Content on the Site. To request permission to use protected Content, use the Contact Us form on this Site. User is not allowed to sublicense, assign, share, sell, rent, lease, or otherwise transfer User’s rights to use protected Content.

  • “BLU,” “Bike Lane Uprising” and other BLU logos and marks appearing on the Site are the sole property of BLU and are registered in the United States Patent and Trademark Office. Any use of these marks requires prior express written consent of BLU. User shall not display, disparage, dilute, or taint our trademarks, or use any confusingly similar marks or names, or use our marks in a way that misrepresents who the proper owner is.

  • User may not remove or amend any trademark, copyright, or other proprietary notice. User may not copy, decompile, reverse-engineer, disassemble, modify, or create derivative works of the Site.

  • Any of User’s questions, comments, or suggestions for improvements regarding the Site that User emails, posts, or otherwise transmits to BLU (User’s "Communications") will become the property of BLU. User hereby relinquishes and assigns to BLU the worldwide royalty-free right and title to run, use, re-use, implement, copy, display, and create derivative works from those Communications for any purpose, including any ideas, concepts, know-how, or techniques contained in User’s Communications.

 

Links to Other Sites. 

BLU has not reviewed all the sites linked to its Site and is not responsible for the content of any such linked sites. The inclusion of any link does not imply endorsement by BLU of any linked sites. Use of any linked sites is at the user’s own risk.

 

Disclaimer of Warranties. 

THIS SITE AND ITS CONTENT IS PROVIDED TO USER ON AN "AS IS," "AS AVAILABLE" BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, BLU (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND AFFILIATES) EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS SITE AND ITS CONTENT, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, BLU DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, RELIABILITY, OR LIKELY RESULTS FROM USING ANY OF THE DATA, INFORMATION, SOFTWARE APPLICATIONS, OR OTHER MATERIALS PROVIDED BY OR THROUGH THIS SITE. USER EXPRESSLY AGREES THAT USER’S USE OF THIS SITE IS AT USER’S SOLE RISK.

 

Limitation of Liability. 

IN NO EVENT SHALL BLU OR ANY OF ITS OFFICERS, DIRECTORS, AFFILIATE ENTITIES, AGENTS, EMPLOYEES, OR SUBCONTRACTORS BE LIABLE FOR ANY DIRECT (IN EXCESS OF THAT STATED HEREINAFTER IN THIS PARAGRAPH), INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING IN ANY WAY FROM THE USE OF OR INABILITY TO USE THE DATA, INFORMATION, SOFTWARE APPLICATIONS, ACCOUNTS, OR OTHER MATERIALS ON THE SITE, REGARDLESS OF THE CAUSE OR DURATION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO USER. 

 

WAIVER OF CLASS ACTION RIGHTS AND/OR CLAIMS. 

User agrees that to the extent User has or believes that User has any claims against BLU relating to User’s use or BLU’s provision of the Site or Content, User will bring those claims in User’s individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Unless both User and BLU agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative class proceeding.

 

Indemnity. 

User agrees to indemnify and hold BLU, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content User submits, posts, transmits or makes available through the Site, User’s use of the Site, User’s connection to the Site, User’s violation of these Terms, or User’s violation of any rights of another.

 

Use Outside the United States. 

If User is located outside the United States, User acknowledges that the personal information that User provides to us is being transferred to, stored, processed, and accessed in the United States. When User submits any personal information to us, User consents to this transfer and all related transfers (e.g., data hosting and storage providers, data analytics service providers) and User agrees not to make any transfer except as permitted by applicable local law in User’s location. BLU makes no representations that the Site, its Content, or any services provided on the Site are appropriate or available for use outside the United States.

If User is using the Site from outside the United States, User releases BLU from any and all related claims, demands, and damages (actual, consequential, direct, and indirect) arising out of or connected with any violation of applicable local law in User’s location.

 

Revisions. 

BLU may revise or modify these Terms, the Site, or any Content at any time without notice. By using this Site, User is agreeing to be bound by the then-current version of these Terms.

 

Termination and Investigations. 

BLU, in its sole discretion, reserves the right to decline, suspend, terminate, alter, and/or modify User’s access to this Site, the Content, and/or any and all of the various online services available through this Site at any time and for any reason, including those set forth in these Terms. If BLU believes that User’s conduct or any information User provides via the Site or otherwise to BLU materially fails to conform to these Terms, we reserve the right to investigate and to involve, report to, and cooperate with law enforcement, governmental,  or other authorities concerning such conduct, and to pursue a civil lawsuit, criminal prosecution, or other action for any alleged or actual illegal, fraudulent, or other unauthorized activities involving this Site or any of the services provided herein, with or without notice. Any report made to law enforcement, governmental, or other authorities may be made without notice to User.

 

Waiver. 

Failure to insist on strict performance of any of these Terms will not operate as a waiver of any subsequent default or failure of performance. No waiver by BLU of any right under these Terms will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.

 

Choice of Law and Choice of Forum. 

Any claim, action, or proceeding arising out of these Terms or User’s use of this Site or Content shall be governed by and construed in accordance with the laws of the United States and the State of Delaware, without regard to principles of conflict of laws. Any claim, action, or proceeding related to the Terms or User’s use of the Site will be resolved exclusively in the state or federal courts located in the State of Delaware, and User consents to the personal jurisdiction of those courts.

 

Entire Agreement. 

These Terms constitute a legal agreement between User and BLU and governs User’s use of the Site and completely replaces and supersedes any prior agreements between User and BLU, whether written or oral, in relation to the Site.

 

Severability. 

If any provision of these Terms is determined to be unlawful, void, or unenforceable for any reason by a proper legal authority, then that provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision, and the remainder of these Terms shall continue in effect.

 

Accessibility

Bike Lane Uprising is committed to making its websites accessible to everyone, including individuals with disabilities. To report a problem or to request an accommodation to access online materials, information, resources, and/or services, please contact hello@bikelaneuprising@gmail.com. In your message, include the website address or URL and the specific problems you have encountered. You will receive a reply as soon as possible.

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