Welcome to Bike Streets. We want you to know and understand your rights and our rights relating to the provision of the Services (as defined below). Please review them carefully. Here are a few highlights:

The Bike Streets, LLC (“Bike Streets”) website, maps, mobile application (“App”), content, documents, materials, blogs, programs, events and services (collectively, the “Services”) are made available to you by Bike Streets  subject to  these Terms of Service and the Bike Streets Privacy Policy (collectively the “Terms”). Be sure to review all these documents as they are legally binding contracts which affect you. More information about the Services may be found at bikestreets.com. You agree to comply with these Terms and any Bike Streets policies made available to you on the Services. By accessing, using, uploading or downloading any information or materials to or from the Services, or by indicating your assent to these Terms by CREATING AN ACCOUNT, clicking “Sign up,” “Register,” or any similar mechanism, you are agreeing to these Terms. If you do not agree to the Terms, you cannot access or use the Services.

If you access or use the Services on behalf of a company or other entity, you represent that you have authority to bind such entity and its affiliates to these Terms and that it is fully binding on them. In such cases, the term “you” will refer to such entity and its affiliates. If you do not have authority, you may not access or use the Services. These Terms contain disclaimers of warranties and limitations on liability that may be applicable to you.

Registration and Accounts

The Services are intended solely for persons who are 18 years old or older. If you are under the legal age to form a binding contract in your jurisdiction, or under the age of 18, do not use the Services.

To use some of the Services, you must register. Where registration is required, you agree to: (a) provide true, accurate, current and complete information about yourself (“Member Data”) and (b) maintain and promptly update the Member Data. You agree that Bike Streets may use your Member Data to provide Services for which you have expressed interest and as otherwise set forth in these Terms. If you provide any information that is inaccurate or not current, or Bike Streets has reasonable grounds to suspect that such information is inaccurate or not current, Bike Streets has the right to suspend or terminate your account and refuse current or future use of the Services. 

You accept sole responsibility for all activities that occur under your account or from your computer and mobile devices. We endeavor to use reasonable security measures to protect against unauthorized access to your account. We cannot, however, guarantee absolute security of your account, your Content (as defined below) or the personal information you provide, and we cannot promise that our security measures will prevent third-party “hackers” from illegally accessing the Services or its contents. You agree to immediately notify Bike Streets of any breach of security, and to accept all risks of unauthorized access to the Member Data and any other information or content you provide to Bike Streets.

Payments

To pay any fee, you must designate and provide information about your preferred payment method (the “Payment Method”). If you provide your payment information, you authorize us and certain third party service providers, payment card networks and payment processors to receive, store and encrypt your payment information. No refunds or credits will be provided by Bike Streets, other than as set forth in these Terms. If your payment provider determines that there are fraudulent charges on your account resulting from use of your Payment Method at the Services, please contact us immediately via info@bikestreets.com.

Memberships 

Bike Streets offers access to the Services (or portions thereof) on an annual subscription basis as part of its membership program (each, a “Membership”). The following terms apply to Memberships:

• Your Membership term is annual (each, a “Membership Term”), as described in the offer details while purchasing such Membership. Your Membership will automatically renew for additional terms of equivalent duration, until your Membership is cancelled by you as specified below, or suspended or terminated by Bike Streets. Unless otherwise indicated by Bike Streets, your Payment Method will be charged prior to, or at the beginning of, each Membership Term for the Membership fee plus any applicable taxes and other charges. Before charging you for a Membership Term, Bike Streets will notify you of the applicable fees, and the renewal will occur at the price then in effect for the applicable Services.

• You may cancel your Membership at any time by following the instructions in the “Cancellation” Section immediately below. 

Cancellation

You may cancel your Membership at any time by emailing us at info@bikestreets.com, or through other termination processes we offer through the Services. Your cancellation will take effect at the end of the then-current Membership Term. When you cancel a Membership, you cancel only future charges for your Membership. You will not receive a refund for the then-current Membership Term you paid for, but you will continue to have full access to that Membership until the end of that Membership Term. 

You may request deletion of your personally identifiable information by contacting us at info@bikestreets.com. 

Member Content and Conduct

You own the information, data, text, software, sound, photographs, graphics, video, messages, posts, tags, or other materials you upload or make available to the Services other than Routing Data (defined below) (“Content”), whether publicly posted, privately transmitted, or submitted through a third party API (e.g. a photograph submitted via Instagram). You grant us a non-exclusive, transferable, perpetual, sub-licensable, royalty-free, worldwide license to use any Content that you post on or in connection with the Services. 

You understand that you, and not Bike Streets, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Services. Bike Streets does not control, screen or monitor the Content posted to the Services by others and, as such, does not guarantee the accuracy, integrity or quality of such Content. Bike Streets may, in its sole discretion, screen, monitor, refuse or remove any Content, or remove any Content that violates the Terms or is otherwise objectionable to Bike Streets in its sole discretion. You understand that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Bike Streets be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred because of the use of any Content made available on the Services. You agree to bear all risks associated with the use of any Content available in connection with the Services, including any reliance on the accuracy, completeness, or usefulness of such Content.

You agree that Bike Streets is not responsible for, and does not endorse, Content posted on the Services. If your Content violates these Terms, you may bear legal responsibility for that Content. As between you and Bike Streets, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with Bike Streets is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place Bike Streets in a position that is any different from the position held by members of the general public, including regarding your Content. Your Content will not be subject to any obligation of confidence on the part of Bike Streets other than as set forth in the Privacy Policy, and Bike Streets will not be liable for any use or disclosure of any Content you provide.

The Services may provide you with the option of making certain Content that you submit to the Services as private or available only to select users of the Services. If, upon submission of Content to the Services, you initially elect to mark such Content as private or available for a limited group of members, Bike Streets will maintain the privacy of such Content in accordance with your election. However, if you do not elect to mark your Content as private or available for a limited group of members, or later change such designation to allow such Content to be made publicly available, you are responsible for the public nature of the content. Please review our Privacy Policy for more information on how to manage your privacy settings.

The Services are for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell for any commercial purposes any portion of the Services, use of the Services or access to Content. You may not use the Service, or assist or encourage any other party, to engage in any of the following “Prohibited Activities”:

 Copying, framing or mirroring any part of the Services;

• Accessing the Services to monitor its availability, performance or functionality;

• Permitting any third party to access the Services;

• Using, copying, modifying, creating a derivative work of, reverse engineering, decompiling or otherwise attempting to extract the source code of the software underlying the Services or any part thereof, unless expressly permitted or required by law, and in any case, without providing prior written notice to Bike Streets;

• Publishing, transmitting, distributing or storing content, material, information or data that: (1) is illegal, obscene, defamatory, threatening, harassing, abusive, or hateful or that advocates violence; (2) is harmful to or interferes with the Services or any third party’s networks, equipment, applications, services or websites (e.g., viruses, worms, Trojan horses, etc.); (3) infringes, dilutes, misappropriates or otherwise violates any privacy, intellectual property, publicity or other personal rights including, without limitation, copyrights, patents, trademarks, trade secrets or other proprietary information (including unauthorized use of domain names); or (4) is fraudulent or contains false, deceptive or misleading statements, claims or representations (such as “phishing”);

• Attempting to disrupt, degrade, impair or violate the integrity or security of the Services or the computers, services, accounts or networks of any other party (including, without limitation, “hacking,” “denial of service” attacks, etc.), including any activity that typically precedes attempts to breach security such as scanning, probing or other testing or vulnerability assessment activity, or engaging in or permitting any network or hosting activity that results in the blacklisting or other blockage of Bike Streets internet protocol space;

• Avoiding payment of charges or fees payable by you with respect to the Services;

• Committing any act that may be harmful to minors;

• Distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”;

• Using any automated system, including, without limitation, “robots,” “spiders,” “offline readers,” etc., to access the Services in a manner that sends more request messages to Bike Streets than a human can reasonably produce in the same period by using a conventional web browser;

• Taking any action that imposes, or may impose, at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;

• Collecting or harvesting any personally identifiable information, including account names and information about users of the Services, from the Services;

• Using the Services for any commercial solicitation purposes;

• Accessing any content on the Services through any technology or means other than those provided or authorized by the Services;

• Submitting to the Services or to Bike Streets any personally identifiable information, except as necessary for the establishment and operation of your account;

• Submitting to the Services or to Bike Streets any information that may be protected from disclosure by applicable law;

• Bypassing the measures we may use to prevent or restrict access to the Services, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein;

• Violating any applicable law, statute, ordinance or regulation, or encouraging any conduct that could constitute a criminal offense or give rise to civil liability, including, without limitation, trespassing or gaining or attempting to gain access to any property to which you do not have the right to access;

• Removing any copyright, trademark or other proprietary rights notices contained in or on the Services; or

• Executing any form of network monitoring or running a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Service’s servers or any data not intended for you.

You represent and warrant that: (i) you are authorized to create your account, whether individually or on behalf of an organization; (ii) you own the Content posted by you on or through the Services or otherwise have the right to grant the rights and licenses set forth in these Terms; (iii) the posting and use of your Content on or through the Services does not and will not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; and (iv) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Services.

Third party products and services made available on the Services are made and offered directly by the applicable third party. When you pursue or purchase any such product or service, you acknowledge that you are contracting directly with such third party and not with Bike Streets. Your interaction with, or participation in promotions of, third parties found on or through the Services, including payment and delivery of goods or services, and any other terms, are solely between you and such third party. You are not obligated to use or transact business with any third party that appears on the Services. YOU AGREE THAT BIKE STREETS SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU AS THE RESULT OF ANY OF YOUR DEALINGS WITH THIRD PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE SERVICES.

Bike Streets or third parties may provide links to other internet sites or resources through the Services. Bike Streets does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You acknowledge and agree that Bike Streets is not responsible for the availability of such external sites or resources.

Proprietary Rights

“Routing Data” means all information and data related to a route provided by the Services and a route actually taken by You, including, without limitation, the start and end points (and any waypoints in between) and all proposed routes.  You acknowledge and agree that the Services, any necessary software used in connection with the Services (if any), Routing Data, any aggregated data based on Content on the Services and your use of the Services, and any content available or made available on the Services is the property of Bike Streets (at least as between you and Bike Streets) and contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or authorized by Bike Streets or applicable third party service providers or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services, the software or content available on the Services (other than Content that you may submit), in whole or in part.

 Bike Streets grants you a personal, revocable, non-transferable and non-exclusive right and license to install (in the case of mobile applications), access and use the Services for your personal, non-commercial purposes. . You agree that you will not and you will not assist or permit any third party to: (a) copy, store, reproduce, transmit, modify, alter, reverse-engineer, emulate, de-compile, or disassemble the Services in any way, or create derivative works of the Services; (b) rent, lease, loan, make available to the public, sell or distribute the Services in whole or in part; (d) tamper with the Services or circumvent any technology used by Bike Streets or its licensors to protect any content accessible through the Services; or (e) use the Services for any commercial purpose without the express written consent of Bike Streets.   You agree not to access the Services by any means other than through the interfaces that are provided by Bike Streets.

The term BIKE STREETS, the Bike Streets logo and other Bike Streets logos and product and service names are the exclusive trademarks of, and are owned by, Bike Streets, LLC, and you may not use or display such trademarks in any manner without Bike Streets’ prior written permission. Any third party trademarks or service marks displayed on the Services are the property of their respective owners.

 Bike Streets reserves all rights not expressly granted hereunder.

 Feedback

 We welcome your comments, feedback, suggestions, and other communications regarding the Services and the information and services we make available through the Services (collectively, “Feedback”). If you provide Feedback, you hereby grant to Bike Streets a worldwide, non-exclusive, transferable, assignable, sub-licensable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display and perform and otherwise exploit such Feedback and to use, make, have made, sell, offer for sale, import and export products and services based on such Feedback. For this reason, we ask that you not send Bike Streets any Feedback that you do not wish to license to us as set forth above.

DISCLAIMER OF WARRANTIES AND LIABILITY

THE INFORMATION, SOFTWARE, SERVICES AND CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTY. BIKE STREETS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO SUCH INFORMATION, SOFTWARE, MAPS, SERVICES AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. BIKE STREETS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT: (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) YOUR CONTENT WILL BE AVAILABLE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (e) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. 

YOU MUST EXERCISE YOUR INDEPENDENT JUDGMENT WHEN USING THE SERVICES.  THE TRAFFIC, DIRECTIONS, ROUTES, AND OTHER CONTENT PROVIDED THROUGH THE SERVICES MAY BE INAPPROPRIATE GIVEN THE ACTUAL CONDITIONS ON THE ROUTE AND IN THE ENVIRONMENT, OR INACCURATE OR INCOMPLETE. BIKE STREETS CANNOT AND DOES NOT GUARANTEE THAT ROUTES, MAPS AND DIRECTIONS (a) ARE SAFE, AND (b) DO NOT CROSS OR ACCESS PRIVATE PROPERTY. YOU ARE RESPONSIBLE FOR OBTAINING ALL RIGHTS NECESSARY TO ACCESS PRIVATE PROPERTY. ROUTES DESIGNATED BY BIKE STREETS MAY CHANGE, MAY BE DAMAGED, MAY BE SUBJECT TO CLOSURE FOR CONSTRUCTION OR EVENTS, MAY BE SUBJECT TO INCREASED TRAFFIC AT TIMES, AND MAY OTHERWISE BECOME UNSAFE OR UNDESIRABLE FOR BICYCLE TRAFFIC.

YOU EXPRESSLY AGREE THAT CYCLING OR FOLLOWING A BIKE STREETS ROUTE OFFERED ON THE SERVICES CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY OR DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THE USE OF THE SERVICES AND THESE ACTIVITIES EVEN IF CAUSED IN WHOLE OR PART BY THE ACTION, INACTION OR NEGLIGENCE OF BIKE STREETS OR BY THE ACTION, INACTION OR NEGLIGENCE OF OTHERS.

YOU EXPRESSLY AGREE THAT BIKE STREETS, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (EACH A “RELEASED PARTY”) WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) YOUR USE OR MISUSE OF THE SERVICES, (b) YOUR USE OR MISUSE OF MAPS, DIRECTIONS, OR ROUTES PROVIDED BY THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF BIKE STREETS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 

BIKE STREETS’S MAXIMUM AGGREGATE LIABILITY TO YOU PURSUANT TO THESE TERMS SHALL NOT EXCEED THE GREATER OF EITHER (a) FIFTY DOLLARS ($50) OR (b) THE AMOUNT OF FEES PAID BY YOU TO BIKE STREETS IN THE 12-MONTHS PRIOR TO DATE THE CLAIM.

 Indemnity

You agree to indemnify and hold Bike Streets and its subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party arising out of, resulting from or relating to any claim, action or cause of action for infringement, misappropriation or violation of any patent, trademark, service mark, trade secret, know-how or other intellectual property right due to or arising out of Content you submit, post, transmit or otherwise seek to make available through the Services, your use of the Services, your violation of the Terms, and/or your violation of any rights of another person or entity.  Your indemnification obligations include, without limitation, the obligation to pay any costs incurred by a Released Party with respect to an indemnified claim, including without limitation reasonable attorney’s fees, court costs, and any damage award. In the event any Released Party is entitled to indemnification hereunder, you agree to pay any amounts due to a Released Party within 30 days of invoice, after which the Released Party is entitled to interest at 12% per annum and any costs of collection, including reasonable attorney’s fees. 

Dispute Resolution

You and Bike Streets each agree that any claim, cause of action, or dispute between us that arises out of or relates to these Terms or your access or use of the Services shall be resolved exclusively in the U.S. District Court for Colorado or a state court located in Denver County, Colorado. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim, and that the laws of the State of Colorado will govern these Terms and any claim, cause of action, or dispute without regard to conflict of law provisions. 

Termination

You agree that Bike Streets may, without prior notice, immediately terminate your account, Membership, and/or access to the Services. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements, policies or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Services (or any portion thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) nonpayment of any fees owed by you in connection with the Services. Termination of your account may include (x) removal of access to all offerings within the Services, (y) deletion of your information, files and Content associated with your account, and (z) barring of further use of the Services. Further, you agree that all terminations for cause shall be made in Bike Streets’s sole discretion and that Bike Streets shall not be liable to you or any third party for any termination of your account or access to the Services. The following Sections shall survive termination of your account and/or the Terms: Payments, Member Content and Conduct, Proprietary Rights, Feedback, Disclaimer of Warranties and Liability, Indemnity, Dispute Resolution, Applicable Laws and General. 

General

You agree that no joint venture, partnership, employment or agency relationship exists between you and Bike Streets because of the Terms or your use of the Services. The Terms constitute the entire agreement between you and Bike Streets with respect to your use of the Services. The failure of Bike Streets to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You may not assign, delegate or otherwise transfer your account or your obligations under these Terms without the prior written consent of Bike Streets. Bike Streets has the right, in its sole discretion, to transfer or assign all or any part of its rights under these Terms and will have the right to delegate or use third party contractors to fulfill its duties and obligations under these Terms and in connection with the Services. Bike Streets’s notice to you via email, regular mail or notices, posts, or links on the Services shall constitute acceptable notice to you under the Terms. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Section titles and headings in the Terms are for convenience only and have no legal or contractual effect. Any rights not expressly granted herein are reserved.

Modification of the Terms and Services

Bike Streets may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Bike Streets in our sole discretion. Bike Streets reserves the right to determine the form and means of providing notifications to our users, if you may opt out of certain means of notification. Bike Streets is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Bike Streets may, in its sole discretion, modify or update the Terms from time to time, and so you should review this page periodically.  We will notify you in advance of material changes and give you an opportunity to review the updated terms before they go into effect. When we change the Terms, we will update the ‘last modified’ date at the bottom of this page. Your continued use of the Services after any such change goes into effect constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future Terms, do not use or access (or continue to access) the Services.

Bike Streets and its third party service providers may make improvements and/or changes in the Services, products, services, features, programs, and prices described at any time and for any reason in its sole discretion. Bike Streets reserves the right at any time to modify or discontinue, temporarily or permanently, the Services or any portion thereof with or without notice. You agree that Bike Streets shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

 Support and Questions

We will respond to any questions regarding the Services and these Terms via info@bikestreets.com. We generally respond to support requests within 7 days after the request is placed.