Induro Cycling’s Terms of Use
Your use of Induro Cycling’s products, services and web sites (referred to collectively as the “Services” in this document and excluding any services provided to you by Induro Cycling under a separate written agreement) is subject to the terms of a legal agreement between you and Induro Cycling. “Induro Cycling” means Induro Cycling Studios, Inc., whose principal place of business is at 3810 Warwick Blvd., Kansas City MO, 64111, United States. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
Unless otherwise agreed in writing with Induro Cycling, your agreement with Induro Cycling will always include, at a minimum, the terms and conditions set out in this document.
1. Acceptance of Terms of Use and Amendments
1.1 Each time you use or cause access to this web site, you agree to be bound by these Terms of use, as amended from time to time with or without notice to you. In addition, if you are using a particular service on this web site or accessed via this web site, you will be subject to any rules or guidelines applicable to those services, and they will be incorporated by reference within these Terms of use. Please read the site's Privacy policy, which is incorporated within these Terms of use by reference.
1.2 Before you continue, you should print off or save a local copy of the Universal Terms for your records.
2. Language of the Terms
2.1 Where Induro Cycling has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Induro Cycling.
2.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
3. Provision of the Services by Induro Cycling
3.1 This web site and the services provided to you on and via this web site are provided on an "AS IS" basis. You agree that Induro Cycling reserves the right to modify or discontinue provision of this web site and its services, and to remove the data you provide, either temporarily or permanently, at any time, without notice and without any liability towards you, Induro will not be held responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information, or improper delivery of information.
3.2 Induro Cycling has subsidiaries and affiliated legal entities around the world (“Subsidiaries and Affiliates”). Sometimes, these companies will be providing the Services to you on behalf of Induro Cycling itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you.
3.3 Induro Cycling is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Induro Cycling provides may change from time to time and sometimes without prior notice to you.
3.4 You acknowledge and agree that if Induro Cycling disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
4. Your Responsibilities and Registration Obligations
4.1 In order to use this web site or to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Google will always be accurate, correct and up to date.
4.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
5. Privacy policy
Registration data and other personally identifiable information that the site may collect is subject to the terms of Induro Cycling’s Privacy policy.
6. Registration and Password
You are responsible for maintaining the confidentiality of your password, and you will be responsible for all usage of your user account and/or user name, whether authorized or not authorized by you. You agree to immediately notify Induro Cycling of any unauthorized use of your user account, user name or password.
7. Your Conduct
7.1 You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials ("content"), made available publicly or privately, will be under the sole responsibility of the person providing the said content. You agree that this web site may expose you to content that may be objectionable or offensive.
7.2 By using this web site or any service provided, you explicitly agree that:
(a) you will not provide any content or conduct yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortious; defamatory; libelous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere with or disrupt the operation of this web site or any service provided; infected with a virus or other destructive or deleterious programming routine; giving rise to civil or criminal liability; or in violation of an applicable local, national or international law;
(b) you will not impersonate or misrepresent your association with any person or entity; you will not forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;
(c) you will not collect or harvest any information about other users;
(d) you will not provide, and you will not use this web site to provide, any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce; you will not use this web site to promote or operate any service or content without the site editor's prior written consent;
(e) you will not provide any content that may give rise to Induro Cycling being held civilly or criminally liable, or that may be considered a violation of any local, national or international law, including -- but not limited to -- laws relating to copyrights, trademarks, patents, or trade secrets.
8. Content in the Services
8.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.
8.2 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Induro Cycling (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Induro Cycling or by the owners of that Content, in a separate agreement.
8.3 Induro Cycling reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.
8.4 You agree that you are solely responsible for (and that Induro Cycling has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Induro Cycling may suffer) by doing so.
8.5 By providing any content to this web site:
(a) you agree to grant the site editor a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights.) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology already known at the time of provision or developed subsequently;
(b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant Induro Cycling the license specified in this section 7;
(c) you acknowledge and agree that Induro Cycling will have the right (but not obligation), at the site editor's entire discretion, to refuse to publish, or to remove, or to block access to any content you provide, at any time and for any reason, with or without notice.
9. Third-Party Services
Goods and services of third parties may be advertised and/or may be made available on or through this web site. Representations made regarding products and services provided by third parties will be governed by the policies and representations made by these third parties. The site editor will not in any manner be liable for or responsible for any of your dealings or interaction with third parties.
10. Indemnification
You agree to indemnify and hold harmless Induro Cycling and the Induro Cycling’s representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders, from any claim or demand, including reasonable legal fees, that may be filed by any third party, arising out of your conduct or connection with this web site or service, your provision of content, your violation of these Terms of use, or any other violation by you of the rights of another person or party.
11. DISCLAIMER OF WARRANTIES
11.1 YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND OF ANY SERVICES OR CONTENT PROVIDED (THE "SERVICE") IS AT YOUR OWN RISK. SERVICES AND CONTENT ARE PROVIDED TO YOU "AS IS", AND INDURO CYCLING EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
11.2 INDURO CYCLING MAKES NO WARRANTY, EITHER IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY, NOR IS IT WARRANTED EITHER IMPLICITLY OR EXPRESSLY THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER INDURO CYCLING NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA THIS WEB SITE MAY BE USED SOLELY AT YOUR OWN RISK, AND THAT THE INDURO CYCLING WILL NOT BE HELD LIABLE IN ANY WAY.
11.3 Some jurisdictions may not allow disclaimers of implied warranties, and certain statements in the above disclaimer may not apply to you as regards implied warranties; the other terms and conditions remain enforceable notwithstanding.
12. LIMITATION OF LIABILITY
12.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT INDURO CYCLING WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES; THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF INDURO CYCLING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) THE USE OF SERVICES OR THE INABILITY TO USE SERVICES, (II) THE COST OF OBTAINING SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH SERVICES, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY THIRD PARTY USING SERVICES, OR (V) ANY OTHER MATTER RELATING TO SERVICES.
12.2 In some jurisdictions, it is not permitted to limit liability and, therefore, such limitations may not apply to you.
13. Reservation of rights
13.1 You acknowledge and agree that Induro Cycling (or Induro Cycling’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Induro Cycling and that you shall not disclose such information without Induro Cycling’s prior written consent.
13.2 Unless you have agreed otherwise in writing with Induro Cycling, nothing in the Terms gives you a right to use any of Induro Cycling’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
13.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with Induro Cycling, then you agree that your use of such features shall be in compliance with that agreement,
13.4 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
13.5 Unless you have been expressly authorized to do so in writing by Induro Cycling, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
14. Notification of copyright infringement
Just as Induro Cycling requires users to respect our copyrights, and those of our affiliates and partners, we respect the copyrights of others. If you believe in good faith that your copyrighted work has been reproduced on our site without authorization in a way that constitutes copyright infringement, you may notify Induro Cycling by email at info@indurocycling.com.
15. Applicable law
You agree that these Terms of use and any dispute arising out of your use of this web site or products or services provided will be governed by and construed in accordance with local laws applicable at Induro Cycling’s domicile, notwithstanding any differences between the said applicable legislation and legislation in force at your location. By registering for a user account on this web site, or by using this web site and the services it provides, you accept that jurisdiction is granted to the courts having jurisdiction over the site editor's domicile, and that any disputes will be heard by the said courts.
16. Miscellaneous information
(i) In the event that any provision of these Terms of use is deemed to conflict with legislation by a court with jurisdiction over the parties, the said provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of use will remain valid and applicable; (ii) The failure of either party to assert any right under these Terms of use will not be considered to be a waiver of that party's right, and the said right will remain in full force and effect; (iii) You agree that any claim or cause in respect of this web site or its services must be filed within one (1) year after such claim or cause arose, or the said claim or cause will be forever barred, without regard to any contrary legislation; (iv) Induro Cycling may assign the Induro Cycling’s rights and obligations under these Terms of use; in this event, the Induro Cycling will be relieved of any further obligation.
