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PEDALING.COM, LLC.

TERMS OF USE

IMPORTANT ACCESS TO AND USE OF THIS WEBSITE (THE "WEBSITE") ARE SUBJECT TO TERMS AND CONDITIONS DESCRIBED IN THESE TERMS OF USE ("TERMS"). THESE TERMS GOVERN YOU (THE "USER" OR "YOU") USE OF THIS WEBSITE BY USING THIS WEBSITE, YOU ARE INDICATING YOUR ACCEPTANCE TO BE BOUND BY THESE TERMS. PEDALING.COM, LLC (THE "COMPANY") MAY REVISE THESE TERMS AT ANY TIME BY UPDATING THIS POSTING. YOUR USE OF THE WEBSITE AFTER SUCH CHANGES ARE IMPLEMENTED WILL BE DEEMED YOUR ACCEPTANCE OF THE CHANGE. YOU SHOULD VISIT THIS PAGE PERIODICALLY TO REVIEW THESE TERMS, BECAUSE THEY ARE BINDING ON YOU.

Permitted Use. User has a nonexclusive, nontransferable, limited, revocable right to use the Website and the materials on the Website including but not limited to text, software, photographs, graphics, illustrations and artwork, video, logos, trademarks and service marks (the "Content") solely for User's personal educational, informational, recreational and entertainment use. You shall not (nor shall you permit others) to use or display the Content for any commercial purpose without express prior written consent of the Company, given in its sole discretion. User may print out a copy of Content solely for User's personal, non-commercial use. In doing so, User will not remove or alter, or cause to be removed or altered, any proprietary notices, legends or advertisements on or accompanying any of the Content.

Proprietary Information. As between You and the Company, the Website and the Content are the property of the Company, its affiliates or licensors and are protected by the intellectual property and other laws of the United States and other countries. . You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such Consent or any part of the Website without the written permission of the Company, given in its sole discretion. . YOU SHALL NOT CREATE A LINK TO THIS WEBSITE, OR ANY PART THEREOF, WITHOUT THE EXPRESS PRIOR WRITTEN CONSENT OF THE COMPANY, GIVEN IN ITS SOLE DISCRETION.

User agrees to use all reasonable efforts to cooperate and assist the Company in preventing and halting any use of the Website that is not expressly authorized in writing by the Company, including, without limitation, co-branding, framing or linking to any other site, .

Termination.

The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your postings from this Website and immediate termination of your registration with or ability to access the Website and/or any Content or other service provided to you by the Company, upon any breach by you of these Terms or if the Company is unable to verify or authenticate any information you submit to the Website registration with or ability to access the Website.

Warranty Disclaimer. The Website is intended solely to be an information service provided by the Company. Although the Company believes that the information the Company provides is accurate, the Company does not warrant that the information contained in the Website is accurate or complete. The Company is not responsible or liable for any errors or omissions that may be found in such information or for the results obtained from the use of such information. Neither Company, its affiliates, licensors nor other suppliers endorse or are responsible for the accuracy or reliability of any opinion, advice or statement on the Website or in the Content. User is encouraged to consult other sources and confirm the information contained within the Website.

Further, User will have access to a variety of sources of content through the Website. The Company has made no effort to verify the accuracy or suitability of any information contained in any such sources. Accordingly, the Company will have no liability or responsibility whatsoever for any content contained within any such sources. User acknowledges and agrees that User accesses, uses and relies upon such content at User's own risk. YOU UNDERSTAND FURTHER THAT THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOU ACCESS SUCH MATERIALS AT YOUR OWN RISK. THE COMPANY HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.

User understands that, except for information, products or services clearly identified as being supplied by the Company, the Company does not operate, control or endorse any information, products or services on the Website in any way. User also understands that the Company cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. Each User is responsible for implementing sufficient procedures and checkpoints to satisfy User's particular requirements for accuracy of data input and output, and for maintaining a means external to the Website for the reconstruction of any lost data. The Company does not assume any responsibility or risk for your use of the Internet. THE WEBSITE AND CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO THE WEBSITE OR ANY CONTENT OR SERVICES ACCESSIBLE WITHIN OR THROUGH THE WEBSITE, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT USER'S USE OF THE WEBSITE OR ANY CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY, ITS AFFILIATES OR SUPPLIERS ASSUMES ANY LIABILITY FOR THE ACCURACY OF ANY ROUTE OR OTHER DIRECTIONS DESCRIBED ON THE WEBSITE OR IN THE CONTENT

Limitation on Liability. YOUR USE OF ALL OR ANY PART OF THE WEBSITE OR CONTENT IS ENTIRELY AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST THE COMPANY, ITS LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS. NEITHER THE COMPANY, NOR ITS SUPPLIERS, LICENSORS OR AFFILIATES WILL BE LIABLE UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR SPECIAL DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS OR SIMILAR DAMAGES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF THE COMPANY TO YOU FOR ALL CLAIMS ARISING FROM THE USE OF THE WEBSITE OR THE CONTENT IS LIMITED TO $100.

Indemnity. User hereby fully and unconditionally releases, and agrees to indemnify and hold harmless the Company, its affiliates, licensors, content providers, service providers, suppliers and contractors (the "Indemnified Parties") from and against any liability, claim, damages, expense or cost (including attorneys' fees and expenses) arising from or relating to any use of the Website or the Content by User or any third parties arising out of User's use, display or dissemination of such materials, or any violation of these Terms by User..

Forums. Information posted on forums, bulletin boards, or similar portions of the Website ("Forums") is supplied by third parties and other users unless the Company or its authorized representatives identify themselves as the content poster. Any communication or material user posts or transmits to the Website is and will be treated as, non-confidential and non-proprietary. User assumes full responsibility for anything User posts or transmits, and User shall (and hereby does) grant to Company and its affiliates a non-exclusive, royalty-free, fully transferable and sublicensable right to edit, copy, publish, distribute and otherwise exploit for any purpose any information or content User posts, transmits or otherwise makes available on the Website, or any part thereof, including any Bulletin Board or Forum. YOU USE OR RELY ON ANY MATERIAL FOUND ON A BULLETIN BOARD OR FORUM ENTIRELY AT YOUR OWN RISK.

User will not post any of the following material on any Bulletin Board or in any Forum:

  • material which threatens or abuses others, or which is defamatory or libelous, or which is invasive of another's privacy;
  • material for which User does not have the right to post, including the proprietary material of any third party;
  • material which advocates illegal activity or discusses an intent to commit an illegal act;
  • material for advertising or commercial solicitation;
  • material which is vulgar, obscene, pornographic, or indecent; or
  • material which does not pertain directly to the subject matter of the particular Forum.

    The Company reserves the right but is under no obligations to (A) monitor Forums to determine compliance with these Terms, , ,or (B) remove or refuse to post any posting, including any of the above postings upon discovery thereof. Notwithstanding these rights, User remains solely responsible for the content of its postings. You will not (i) select or use a member name or e-mail address of another person with the intent to impersonate that person; (ii) use a user name or e-mail address subject to the rights of any person without authorization; (iii) use a member name in violation of the intellectual property rights of any person; or (iv) use a member name that the Company, in its sole discretion, deems offensive.

    User should be aware that if User voluntarily discloses personal information (e.g., user name, email address) on a Bulletin Board, or on any other user or member generated pages, that information can be collected and used by others and may result in unsolicited messages from other parties.

    Miscellaneous.

    (a) Governing Law. These Terms and any disputes arising from or relating to the Terms, the Website or any Content will be governed by the law of the State New York, as if made and entered into in that state by two resident of New York.

    (b) Venue and Jurisdiction. User submits to the jurisdiction of the state and federal courts located in Southern District of New York for the purposes of resolving any dispute arising out of the subject matter of these Terms .

    (c) Severability. If any provision of these Terms is deemed to be unenforceable as written under applicable law, the parties intend that such provision be modified to the extent, and only to the extent, necessary to make such provision enforceable. In the event any unenforceable provision cannot be modified to make it enforceable, the parties intend that such provision be stricken from these Terms with all other provisions remaining in full force and effect.

    (d) Force Majeure. The Company will not be liable or responsible for any failure or delay in performance if such failure or delay is caused in whole or in part by causes beyond its complete control, including fire, flood, explosion, war, strike, embargo, government regulation, civil or military authority, act of God, acts or omissions of carriers, transmitters, telephone companies, Internet service providers, Internet backbone providers, vandals, or hackers.

    (e) Third Party Sales or Websites. Through the Website, User may order products and service from third parties that are not affiliated with the Company. The Company is not a party to any transactions with third parties and makes no representations or warranties whatsoever with respect either to such third parties or to the subject matter of such transactions. The Company will have no responsibility or liability with respect to any such transactions.

    (f) No Waiver. The failure on the part of the Company to exercise any right or remedy hereunder will not operate as further waiver of such right or remedy in the future or any other right or remedy. For example, failure of the Company to enforce the prohibition against unauthorized Co-branding, framing, and linking contained in Section 1 will not operate as a waiver of the Company's right to enforce that prohibition at any time against any party.

    (g) Assignment. You have no right to transfer, assign or delegate these Terms or any right or obligation of Yours that is described or covered by these Terms. The Company may assign, transfer and delegate its rights and obligations hereunder at any time without Your consent.

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