Terms of Use
RoadBikeRides.com Terms of Service for Your Personal Use
Welcome! By using RoadBikeRides.com services ("RoadBikeRides.com Services"), you agree to be bound by the following terms and conditions (the "Terms of Service").
Content Linked to by RoadBikeRides.com
The sites or news headlines displayed as content or linked to by RoadBikeRides.com Services are developed by people over whom RoadBikeRides.com exercises no control. The results that appear from RoadBikeRides.com's indices are indexed by RoadBikeRides.com's automated machinery and computers, and RoadBikeRides.com cannot and does not screen the sites before including them in the indices from which such automated fitness statistics are gathered. A index or data item using RoadBikeRides.com Services may produce results, data, and links to sites that some people find objectionable, inappropriate, or offensive. We cannot guarantee that a RoadBikeRides.com will not locate unintended or objectionable content and assume no responsibility for the content of any index or aggregated data item included in any results or otherwise linked to by the RoadBikeRides.com Services.
Personal Use Only
The RoadBikeRides.com Services are made available for your personal, non-commercial use only. You may not use the RoadBikeRides.com Services to sell a product or service, or to increase traffic to your Web site for commercial reasons, such as advertising sales. You may not take the results from a RoadBikeRides.com search and reformat and display them, or mirror the RoadBikeRides.com home page or results pages on your Web site. You may not "meta-search" RoadBikeRides.com. If you want to make commercial use of the RoadBikeRides.com Services, you must enter into an agreement with RoadBikeRides.com to do so in advance. Please contact us for more information.
If you are interested in adding a RoadBikeRides.com map creation tool and display to your web site or your company's web site, Please contact us for more information.
No Automated Querying of Route or User Info
You may not send automated queries of any sort to RoadBikeRides.com's system without express permission in advance from RoadBikeRides.com. Note that "sending automated queries" includes, among other things:
- using any software which sends queries to RoadBikeRides.com to determine how many saved routes or users RoadBikeRides.com has for various queries;
- "meta-searching" RoadBikeRides.com; and
- performing "offline" searches on RoadBikeRides.com.
- Please do not write to RoadBikeRides.com to request permission to "meta-search" RoadBikeRides.com for a research project, as such requests will not be granted.
Privacy Policy: Click here to review the RoadBikeRides.com Privacy Policy.
Changes In Terms and Conditions and RoadBikeRides.com Search Service
We may modify or terminate our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Service from time to time without notice. Please review these Terms of Service from time to time so that you will be apprised of any changes.
Intellectual Property Policy
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. Please send us feedback with your contact information and complaint details. For information regarding our trademark complaint procedure, please send us feedback with your contact information and complaint details.
Disclaimer of Warranties
RoadBikeRides.com disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the ROADBIKERIDES.COM SERVICES results. RoadBikeRides.com disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. RoadBikeRides.com disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the ROADBIKERIDES.COM SERVICES.
THE ROADBIKERIDES.COM SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE ROADBIKERIDES.COM SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ROADBIKERIDES.COM AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY ARIZONA LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. ROADBIKERIDES.COM AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE ROADBIKERIDES.COM SERVICES. ROADBIKERIDES.COM AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE ROADBIKERIDES.COM SERVICES. ROADBIKERIDES.COM AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE ROADBIKERIDES.COM SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE ROADBIKERIDES.COM SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE ROADBIKERIDES.COM SERVICES.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE ROADBIKERIDES.COM SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL ROADBIKERIDES.COM OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE ROADBIKERIDES.COM SERVICES. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF ROADBIKERIDES.COM OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE ROADBIKERIDES.COM SERVICES, FROM INABILITY TO USE THE ROADBIKERIDES.COM SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE ROADBIKERIDES.COM SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE ROADBIKERIDES.COM SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE ROADBIKERIDES.COM SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE ROADBIKERIDES.COM SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE ROADBIKERIDES.COM SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE ROADBIKERIDES.COM SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE ROADBIKERIDES.COM SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO ANY CONTEST OR THE TERMS AND CONDITIONS, SHALL BE SETTLED BY BINDING ARBITRATION BEFORE A SINGLE ARBITRATOR IN TUCSON, ARIZONA IN ACCORDANCE WITH THE ARIZONA ARBITRATION ACT (A.R.S. § 12-1501, ET SEQ.). JUDGMENT UPON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THIS ARBITRATION DOES NOT PRECLUDE A JUDICIAL PROVISIONAL REMEDY TO PREVENT IRREPARABLE HARM AND/OR TO MAINTAIN THE STATUS QUO PENDING THE ARBITRATION HEARING. THE SOLE AND EXCLUSIVE JUDICIAL FORUM FOR MATTERS RELATING TO THE ARBITRATION AGREEMENT IS THE SUPERIOR COURT AND DISTRICT COURT IN PIMA COUNTY, ARIZONA AND THE PARTIES WAIVE ANY CLAIM OF INCONVENIENCE OR INAPPROPRIATE FORUM. SHOULD THE PARTIES FAIL TO AGREE ON AN ARBITRATOR WITHIN 10 DAYS OF A DEMAND FOR ARBITRATION, THE THEN CIVIL PRESIDING JUDGE OF THE SUPERIOR COURT IN PIMA COUNTY, ARIZONA SHALL MAKE THE SELECTION. THE PARTY SUBSTANTIALLY PREVAILING AT ARBITRATION OR ON AN APPLICATION FOR A PROVISIONAL REMEDY, SHALL RECOVER ITS REASONABLE ATTORNEY'S FEES, LEGAL EXPENSES, INCLUDING ARBITRATOR'S FEES, AND COSTS FROM THE OTHER PARTY.
Without limiting the foregoing, under no circumstances shall RoadBikeRides.com or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
Miscellaneous Provisions
These Terms of Service will be governed by and construed in accordance with the laws of the State of Arizona, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by RoadBikeRides.com.
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