Cycling '74 (the "Company") owns and operates cycling74.com and all of its subdomains (the "Website"). Please review the following rules that govern your use of the Website. Your use of the Website constitutes your unconditional agreement to follow and be bound by these Terms and Conditions of Use. If you (the "User") do not agree to them, do not use the Website.
The Company reserves the right to update or modify these Terms and Conditions at any time without prior notice to User. The Company encourages you to review these Terms and Conditions of Use whenever you use the Website. A link to the TAC is available from the sign in pop-up / modal window. To access it: Click 'Sign In' on the homepage. If you cannot find it, contact us.
These Terms and Conditions of Use apply to the use of the Website and do not extend to any linked third party sites. These Terms and Conditions, which are hereby incorporated by reference, contain the entire agreement (the “Agreement”) between you and the Company with respect to the Website. Any rights not expressly granted herein are reserved.
Permitted and Prohibited Uses
You may use the the Website for the sole purpose of sharing and exchanging ideas with other Users. You may not use the the Website to violate any applicable local, state, national, or international law, including without limitation any applicable laws relating to antitrust or other illegal trade or business practices, federal and state securities laws, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, and any U.S. laws, rules, and regulations governing the export and re-export of commodities or technical data.
You may not upload or transmit any material that infringes or misappropriates any person's copyright, patent, trademark, or trade secret, or disclose via the the Website any information the disclosure of which would constitute a violation of any confidentiality obligations you may have.
You may not upload any viruses, worms, Trojan horses, or other forms of harmful computer code, nor subject the Website's network or servers to unreasonable traffic loads, or otherwise engage in conduct deemed disruptive to the ordinary operation of the Website.
You are strictly prohibited from communicating on or through the Website any unlawful, harmful, offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically, or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
You are expressly prohibited from compiling and using other Users' personal information that may appear on the Website, for the purpose of creating or compiling marketing and/or mailing lists and from sending other Users unsolicited marketing materials.
You also are expressly prohibited from distributing Users' personal information to third-party parties for marketing purposes. The Company shall deem the compiling of marketing and mailing lists using Users' personal information, the sending of unsolicited marketing materials to Users, or the distribution of Users' personal information to third parties for marketing purposes as a material breach of these Terms and Conditions of Use, and the Company reserves the right to terminate or suspend your access to and use of the Website and to suspend or revoke your forum account or accounts.
The Company does not want to receive confidential or proprietary information from you through the Website. Any material, information, or other communication you transmit or post ("Contributions") to the Website will be considered non-confidential.
All contributions to this site will be accessible by the public, including User projects, tools, workspaces, forum posts (topics and replies).
User Discussion Lists and Forums
The Company may, but are not obligated to, monitor or review any areas on the Website where users transmit or post communications or communicate solely with each other, including but not limited to user forums and email lists, and the content of any such communications. The Company, however, will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. The Company may edit or remove content on the the Website at their discretion at any time.
Use of Personally Identifiable Information
You agree to provide true, accurate, current, and complete information when registering with the Website. It is your responsibility to maintain and promptly update this account information to keep it true, accurate, current, and complete. If you provide any information that is fraudulent, untrue, inaccurate, incomplete, or not current, or the Company has reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete, or not current, the Company reserves the right to suspend or terminate your account without notice and to refuse any and all current and future use of the Website.
You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur in connection with your User password or account. You, the User, agree to immediately notify the Company of any unauthorized use of either your password or account or any other breach of security. You further agree that you will not permit others, including those whose accounts have been terminated, to access the Website using your account or User ID. The Company cannot and does not assume any responsibility or liability for any information you, the User, submits, or your or third parties’ use or misuse of information transmitted or received using the Website.
You agree to defend, indemnify and hold harmless the Company, agents, vendors or suppliers from and against any and all claims, damages, costs and expenses, including reasonable attorneys' fees, arising from or related to your use or misuse of the Website, including, without limitation, your violation of these Terms and Conditions, the infringement by you (the User), or any other subscriber or user of your account, of any intellectual property right or other right of any person or entity.
These Terms and Conditions of Use are effective until terminated by either party. If you no longer agree to be bound by these Terms and Conditions, you must cease use of the Website. If you are dissatisfied with the Website, their content, or any of these terms, conditions, and policies, your sole legal remedy is to discontinue using the Website. The Company reserves the right to terminate or suspend your access to and use of the Website, or parts of the Website, without notice, if we believe, in our sole discretion, that such use (i) is in violation of any applicable law; (ii) is harmful to our interests or the interests, including intellectual property or other rights, of another person or entity; or (iii) where the Company has reason to believe that you are in violation of these Terms and Conditions of Use.
The Website and associated materials are provided on an "as is" and "as available" basis. To the full extent permissible by applicable law, the Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, or non-infringement of intellectual property. The Company makes no representations or warranty that the Website will meet your requirements, or that your use of the Website will be uninterrupted, timely, secure, or error free; nor does the Company make any representation or warranty as to the results that may be obtained from the use of the Website. The Company makes no representations or warranties of any kind, express or implied, as to the operation of the Website or the information, content, materials, or products included on the Website.
In no event shall the Company or any of their agents, vendors or suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information) arising out of the use, misuse of or inability to use the Website, even if the Company has been advised of the possibility of such damages. This disclaimer constitutes an essential part of this Agreement. Because some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
You understand and agree that any content downloaded or otherwise obtained through the use of the Website is at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data or business interruption that results from the download of content. The Company shall not be responsible for any loss or damage caused, or alleged to have been caused, directly or indirectly, by the information or ideas contained, suggested or referenced in or appearing on the Website. Your participation in the Website is solely at your own risk. No advice or information, whether oral or written, obtained by you from the Company or through the Company, their employees, or third parties shall create any warranty not expressly made herein. You acknowledge, by your use of the the Website, that your use of the Website is at your sole risk.
Liability limitation. Under no circumstances and under no legal or equitable theory, whether in tort, contract, negligence, strict liability or otherwise, shall the Company or any of their agents, vendors or suppliers be liable to user or to any other person for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use the Website or for any breach of security associated with the transmission of sensitive information through the Website or for any information obtained through the Website, including, without limitation, damages for lost profits, loss of goodwill, loss or corruption of data, work stoppage, accuracy of results, or computer failure or malfunction, even if an authorized representative of the Company has been advised of or should have known of the possibility of such damages.