BIKE WEEK REPORT WEB SITE TERMS, CONDITIONS, AND NOTICES
AGREEMENT BETWEEN USER AND BIKE WEEK REPORT
This Web site is offered to you, the user, conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this Web site constitutes your agreement to all such terms, conditions, and notices.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
This Web site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, images, webcam images, products or services obtained from this Web site.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of this Web site are: Copyright © 1995-2004 BIKE WEEK REPORT and/or its agents, 1500 Beville Rd, Daytona Beach, Florida, USA. All rights reserved.
BIKE WEEK REPORT and/or services referenced herein are trademarks or registered trademarks of BIKE WEEK REPORT. Other product and company names mentioned herein may be the trademarks of their respective owners.
LIABILITY DISCLAIMER
THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BIKE WEEK REPORT AND/OR ITS AGENTS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEB SITE AT ANY TIME.
BIKE WEEK REPORT AND/OR ITS RESPECTIVE AGENTS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, PRODUCTS, AND SERVICES CONTAINED ON THIS WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. BIKE WEEK REPORT AND/OR ITS RESPECTIVE AGENTS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL BIKE WEEK REPORT AND/OR ITS AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF BIKE WEEK REPORT OR ANY OF ITS AGENTS 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.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Web site, you warrant to BIKE WEEK REPORT that you will not use this Web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
LINKS TO THIRD PARTY SITES
This Web site may contain hyperlinks to Web sites operated by parties other than BIKE WEEK REPORT. Such hyperlinks are provided for your reference only. BIKE WEEK REPORT does not control such Web sites, and is not responsible for their contents. BIKE WEEK REPORT's inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators.
USE OF MESSAGE BOARDS, CHAT ROOMS, AND OTHER COMMUNICATIONS FORUMS
If this Web site contains message boards, bulletin boards, chat rooms, or other message or communication facilities (collectively, "Forums"), you agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, you agree that when using a Forum, you shall not do any of the following:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded.
- Falsify the origin or source of software or other material contained in a file that is uploaded.
- Advertise or offer to sell any goods or services, or conduct or forward surveys, contests, or chain letters.
- Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
You acknowledge that all Forums are public and not private communications. Further, you acknowledge that chats, postings, conferences, and other communications by other users are not endorsed by BIKE WEEK REPORT, and such communications shall not be considered reviewed, screened, or approved by BIKE WEEK REPORT. BIKE WEEK REPORT reserves the right for any reason to remove without notice any contents of the Forums received from users, including without limitation message board postings. BIKE WEEK REPORT reserves the right to deny in its sole discretion any user access to this Web site or any portion thereof without notice.
SOFTWARE AVAILABLE ON THIS WEB SITE
Any software, images, webcam images or video tape that is made available to download or purchase from this Web site ("Software") is the copyrighted work of BIKE WEEK REPORT and/or its agents. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.
For any Software not accompanied by a license agreement, BIKE WEEK REPORT hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and otherwise using this Web site in accordance with these terms and conditions, and for no other purpose.
Please note that all images, webcam images and HTML code contained in this Web site, is owned by BIKE WEEK REPORT and/or its agents and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of images, webcam images or HTML code is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
You acknowledge that the Software, is subject to applicable export control laws and regulations of the USA. You agree to not export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.
SERVICE HELP
With questions or problems with this Web site, please send email to henryjordan@bikeweekreport.com
MODIFICATION OF THESE TERMS AND CONDITIONS
BIKE WEEK REPORT reserves the right to change the terms, conditions, and notices under which this Web site is offered.
GENERAL
This agreement is governed by the laws of the State of Florida, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Volusia County, Florida, USA in all disputes arising out of or relating to the use of this Web site. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and BIKE WEEK REPORT as a result of this agreement or use of this Web site.
BIKE WEEK REPORT's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of BIKE WEEK REPORT's right to comply with law enforcement requests or requirements relating to your use of this Web site or information provided to or gathered by BIKE WEEK REPORT with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
This agreement constitutes the entire agreement between the user and BIKE WEEK REPORT with respect to this Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and BIKE WEEK REPORT with respect to this Web site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Fictitious names of companies, products, people, characters and/or data mentioned herein are not intended to represent any real individual, company, product or event.
Any rights not expressly granted herein are reserved.