The information available on the Site, including, without limitation, reviews, opinions, directions, guides, graphics, photographs, logos, audio or video clips, and data (collectively “Content”) may contain information relating to a hazardous activity. Mountain Bike Trails does not certify or endorse the Content on the Site, including without limitation, any opinion, recommendation, advice, or any other information contained in the Content.
Mountain Bike Trails is not responsible for harm to persons or property that results from your use of the Site, including without limitation, use of any content on the Site.
TABLE OF CONTENTS
17. Legal Notices.
By using the Site you agree to the following:
1. Agreement to Deal Electronically; Electronic Communications and Notices.
All of your transactions with or through the Site may, at our option, be conducted electronically from start to finish. If we decide to proceed non-electronically, those services will still be governed by the remainder of these Terms unless you enter into different terms on a form provided by us. If the law allows you to withdraw this consent, you agree to print or make an electronic copy of the Terms and any other contract or disclosure that we are required to provide to you.
Except as otherwise provided in these Terms, we will give you any notices regarding the Site by posting them on the Site. You also authorize Mountain Bike Trails to send notices (including notice of subpoenas or other legal process, if any) via electronic mail. You must check the Site for notices, and you will be considered to have received a notice when it is posted on the Site, or when sent by us via electronic mail, whether or not received by you. You must keep your address current and any notice sent by us to an email address that you have provided to us will be considered effective notice.
3. Unauthorized Use of Your Password.
All instructions transmitted by or received from anyone presenting your password on the Site are binding to you. You agree that you are solely responsible for all acts that are validated through use of your password, whether or not made with your knowledge or authority. You agree to guard your password carefully, with the full awareness that a failure to keep it secure will enable others to engage in transactions through the Site for which you will be legally responsible. If you ever suspect that someone may have obtained access to your password who is not intended to have authority to act on your behalf, please contact ***** immediately.
4. Changes to the Agreement.
5. License to Use the Site.
License: We hereby grant you the limited, revocable, non-transferable, non-sublicenseable license, under the rights Mountain Bike Trails has in the Content, to view and use the Site solely for the purpose of acquiring information in accordance with the Agreement. As between you and Mountain Bike Trails, we retain all right, title, and interest in and to the Site. Except as provided in this Agreement, permission to reprint or electronically reproduce any content in whole or in part for any other purpose is expressly prohibited. The Site and all content contained therein is protected by copyright and intellectual property rights under both United States and foreign laws and all rights not expressly granted are reserved by Mountain Bike Trails, its affiliates, and its partners. Subject to applicable law, Mountain Bike Trails reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Site with or without notice.
The license in this Section 5 does not include permission to copy the design elements, “look and feel” or layout of the Site. Those elements are protected by law, such as trade dress, trademark, unfair competition, and other laws, and may not be copied or imitated in any manner. Except as expressly provided in this Agreement, neither Mountain Bike Trails nor any third party has conferred upon you by implication, estoppel, or otherwise, any license or right under any patent, copyright, trademark, trade secret or any other proprietary right.
Subscription: Your subscription is valid from the original sign-up date, until you or We cancel the account. Termination: We may, at any time and without notice to you, terminate your access to the Site or block your access to the Site if:
6. Submission of Comments; Prohibited Content and Conduct.
Any comments or information that you provide to Mountain Bike Trails, for example, feedback or ideas in response to a customer survey regarding the Site, product or content reviews, suggestions, ideas, concepts, or other information are collectively deemed “Submissions”. None of the Submissions will be subject to any obligation of confidence on the part of Mountain Bike Trails, and Mountain Bike Trails will not be liable for any use or disclosure (including publication in any medium) of any Submissions. You hereby grant Mountain Bike Trails a royalty-free, perpetual, irrevocable, world-wide license to use, copy, reproduce, create derivative works from, adapt, modify, publish, edit, translate, sell, distribute, transmit, transfer, publicly display, publicly perform, and display the Submissions without any limitation and in any media or any form now known or later developed. Without limiting the foregoing, Mountain Bike Trails will be entitled to unrestricted use of the Submissions for any purpose, commercial or otherwise, without compensation to the provider of the Submissions. Further, Mountain Bike Trails may sublicense these rights to third parties.
Under no circumstance is Mountain Bike Trails responsible for any Submission to the Site or for the content of that Submission, nor shall Mountain Bike Trails be held liable for any of the claims made therein. We are not responsible for the content or accuracy of any of these Submissions, and the views and opinions they express are solely those of the original contributor.
Advertising on Mountain Bike Trails:
If you are retailing other related products or services and wish to advertise those products or services elsewhere on our Site, outside of our forums, please visit our Advertising page.
All other Submissions or user-generated content or posts to the Site, whether through the forums, reviews, or any method or on any other page of the Site must be free of advertising or spamming. We reserve the right to edit or remove any Submissions that violate these policies, or to terminate your membership or right to access the Site for such violations.
Moderation & Posting Rules:
All forum posts and forum private messages must be in English. No other languages are permitted.
Although messages posted are not the responsibility of Mountain Bike Trails and we are not responsible for the content or accuracy of any of these messages, we reserve the right for ourselves and our agents to edit or delete any message for any or no reason whatsoever. Generally we only moderate reviews, messages, Submissions, or posts that are in breach of our rules or policies or threads that have not been accessed for some time. If you do find any reviews, messages, Submissions, or posts are objectionable then please contact us with a link to the item in question. We are particularly concerned with hate language and we will not hesitate to ban frequent or extreme offenders breaching any of our rules or policies.
You must only post in the relevant forum or area on the Site and should not take a thread off topic. You can start a new thread and link any side issues as needed. You agree not to spam on the Site or harvest contact information for commercial gain. Posts should only be made once and in one area only. You may not cross post. A moderator may link a thread to several forums if necessary rather than cross posting in multiple places. Posts may only be bumped if they are beneath closed posts. Junk posts such as random characters, irrelevant garbage or a short message that adds nothing new to a thread (such as just 'LOL') are prohibited. Basically, don't spam or flood please. Thanks!
You agree to refrain from swearing, profanity, foul language, discourteous behavior, racial, national or sexual slurs or other inappropriate or illegal behavior on the Site. No warez links or crack how-tos or posts of a pornographic or sexual nature please. No links to inappropriate content please. This is a family friendly Site.
You agree not to use the Site to post any material which is illegal or that may generally be deemed to be vulgar, defamatory, inaccurate, harassing, hateful, threatening, invading of others privacy, sexually oriented or violates any laws. Our reference to swearing includes acronyms and variations and misspellings. We understand that sometimes posters will wish to vehemently disagree with someone else's post. This is fine but personal attacks or responses resorting to vulgar language are not permitted. Should a moderator or Site administrator intercede in a thread due to it getting out of hand, he she may optionally close the thread (temporarily until people cool down or permanently) or request that members make no more than one more post on the subject (closing arguments.) You may not continue such “flame” topics by starting a new thread or post more than the one time as directed but you may edit your existing posts as desired should you have the ability to do so.
You must not post to the Site or provide any Submissions that, as reasonably determined by us, is or appears to be the following:
You must not do, or attempt to do, any of the following, as reasonably determined by us, subject to applicable law:
IF YOU SEND UNSOLICITED COMMERCIAL EMAIL OR ADVERTISING, BULK EMAIL, SPAM, OR CHAIN LETTERS (COLLECTIVELY, "UNSOLICITED EMAIL OR OTHER COMMUNICATION") THROUGH THE SITE, YOU ACKNOWLEDGE THAT YOU WILL HAVE CAUSED SUBSTANTIAL HARM TO THE SITE, BUT THAT THE AMOUNT OF THE HARM WOULD BE EXTREMELY DIFFICULT TO ASCERTAIN. AS A REASONABLE ESTIMATION OF SUCH HARM, YOU WILL PAY US $40 FOR EACH SUCH UNSOLICITED EMAIL OR OTHER COMMUNICATION.
7. Copyright Infringement Notification & Other Reports.
Mountain Bike Trails relies on users of the Site to bring copyright violations to our attention. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to our Designated Agent. If you are aware of infringing materials on the Site, please notify Mountain Bike Trails agent:
Mountain Bike Trails
Attn: Legal Dept./Copyright Agent
Colorado Springs, CO
To be effective, the Notification must include the following:
All inquiries not in compliance with the above notice and procedure for making claims of copyright infringement will receive no response.
Questions and comments about the Site (other than claims of copyright infringement) should be directed to our Contact Information page.
8. Your Representations and Warranties.
You represent and warrant for the benefit Mountain Bike Trails and Mountain Bike Trail's licensors and suppliers that:
No promotion is offered by Mountain Bike Trails unless the promotion explicitly so states. You agree that offers from other companies on the Site are solely liable for their promotions and that Mountain Bike Trails is not liable. You also agree to comply with all terms of a promotion. Note: some promotions will be subject to quantity and other restrictions, including without limitation, time limits that could expire during your visit to the Site. Mountain Bike Trails reserves the right to withdraw or refuse to honor any promotion that has been altered or modified—other than by Mountain Bike Trails.
You agree to defend, indemnify and hold harmless Mountain Bike Trails, its officers, directors, employees, agents, licensors, and suppliers, from and against all third party claims, actions or demands, liabilities, and settlements, including, without limitation, reasonable legal and accounting fees, arising in connection with your use of the Site or resulting from, or alleged to result from, your use of the Site or your violation of this Agreement.
12. DISCLAIMERS OF WARRANTIES.
MOUNTAIN BIKE TRAILS PROVIDES THE SITE "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW, MOUNTAIN BIKE TRAILS MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, GAMES, SOFTWARE, OR CONTENT INCLUDED IN THE SITE. MOUNTAIN BIKE TRAILS MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Mountain Bike Trails EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WE URGE YOU TO KEEP BACKUP COPIES OF YOUR PERSONAL CONTENT, IF ANY, THAT YOU MAINTAIN ON OR USE WITH THE SITE. IF YOUR USE OF THE SITE RESULTS IN THE NEED FOR SERVICING OR REPLACING PROPERTY, MATERIAL, EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR ANY RESULTING COSTS OR DAMAGES. LATITUDE AND LONGITUDE CONTENT IS PROVIDED "AS IS," "AS AVAILABLE," "WITH ALL FAULTS," AND WITHOUT WARRANTY OF ANY KIND.
14. Links to Third Party Sites.
As a convenience, we may provide links to third-party websites from the Site. Mountain Bike Trails is not responsible for and does not endorse the informational content or any products or services available on any third-party web Site and does not make any representations regarding its content or accuracy. We are not liable for any technological, legal or other consequences that arise out of your visit or transactions on any third-party or non-Mountain Bike Trails web Sites. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such Sites. This means that we are not your agent and will not be a party to any contract you enter.
15. Exclusive Remedy; Damage Exclusions & Limitations.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NONE OF THE INDEMNIFIED PERSONS ARE LIABLE TO YOU OR ANY OTHER PERSON FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, STATUTORY, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU OF THE INDEMNIFIED PERSONS EXCEED, IN TOTAL, THE AMOUNTS PAID BY YOU TO US.
16. Colorado Law and Colorado (El Paso County) Forum; One-Year Statute of Limitations.
17. Miscellaneous; Entire Agreement.
These Terms are personal to you and you may not transfer, assign or delegate them to anyone without the express written permission of Mountain Bike Trails. Any attempt by you to assign, transfer or delegate these Terms without the express written permission of Mountain Bike Trails will be null and void. Mountain Bike Trails has the right to transfer, assign and delegate these Terms to one or more third parties without your permission.
If any part of this Agreement is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement will continue in effect. The Agreement (including any related consents or agreements that you provide during your visit to the Site) constitutes the entire agreement between you and Mountain Bike Trails with respect to the Site and that item and supersedes all other (prior or contemporaneous) communications and proposals, whether electronic, oral or written, between you and Mountain Bike Trails regarding the Site and/or any order you place through it.
The failure of any party to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or that party’s right to act with respect to subsequent or similar breaches. We suggest that you print out a copy of these Terms for your records.
18. Further Information.
If you have a complaint, you may contact us at Mountain Bike Trails Legal Department, Mountain Bike Trails (full address). If you are a California resident, the Complaint Assistance Unit of the Division of Consumer Services of the Dept. of Consumer Affairs may be contacted at 400 R Street, Sacramento, CA 95814 or (800) 952-5210.
19. Legal Notices.
Copyright © 2009. Mountain Bike Trails, LLC
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