Bikewise Privacy and Terms of Service Agreement
Before being able to post reports on Bikewise, we require a confirmed email address. This helps us fight spam. If you choose to give it, we also store your name and some demographic and location information. Aside from a valid email address, all profile information is optional. If you use Bikewise from a mobile device, we'll ask for permission to access your current location.
We are zealous about guarding your privacy. Your email address is never shared without your permission. If you choose to give us mobile location information, we will not share that information with any third party.
If you give us permission (in your profile), we may share your name and email address with select bike advocacy organizations in your area. We require these partner organizations to enable you to opt out of subsequent contacts if you so desire.
If you do give us your name (full or partial), it will appear publicly on your reports.
Your location information will never be shared publicly. It will only be used to optimize Bikewise for you and (if you opt in) to connect you to local bike advocacy organizations; it may also be used as part of your demographic information (below).
Your demographic information will never be shared publicly. Except as noted above, it will only be used in the aggregate, so that we can better understand who is using Bikewise. It may also be used in the aggregate to explain to potential Bikewise sponsors the audience that they are reaching.
The content of any crash, hazard, or theft reports that you post on Bikewise become the non-exclusive property of Bikewise. This means that if you wish to retain the right to remove your content from Bikewise after posting it, you should not post it on Bikewise. We make all reports available under a Creative Commons Attribution-Share-Alike license and cannot be held responsible for retracting any content.
Bikewise Terms of Service
1. Acceptance of termsYour use of Bikewise software, services and web sites (referred to collectively as the âServicesâ in this document and excluding any services provided to you by Bikewise under a separate written agreement) is subject to the terms of a legal agreement between you and Bikewise. By using these services, you indicate acceptance of these terms.
2. Change of termsBikewise 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 Bikewise provides may change from time to time without prior notice to you.
3. Legality of UseYou 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).
You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
You agree that you are solely responsible for (and that Bikewise has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Bikewise may suffer) of any such breach.
4. ContentYou understand that all information 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 âContentâ.
Bikewise 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. You agree not to post content that is illegal, obscene, or in violation of copyright or other applicable laws.
You agree that you are solely responsible for (and that Bikewise 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 Bikewise may suffer) by doing so.
5. Proprietary rightsUnless you have agreed otherwise in writing with Bikewise, nothing in the Terms gives you a right to use any of Bikewiseâs trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
6. EXCLUSION OF WARRANTIES
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT BIKEWISEâS WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND âAS AVAILABLE.â
IN PARTICULAR, BIKEWISE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BIKEWISE OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
BIKEWISE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
7. LIMITATION OF LIABILITY
SUBJECT TO OVERALL PROVISION IN PARAGRAPH 14.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT BIKEWISE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
(II) ANY CHANGES WHICH BIKEWISE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(III) YOUR FAILURE TO PROVIDE BIKEWISE WITH ACCURATE ACCOUNT INFORMATION;
(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
THE LIMITATIONS ON BIKEWISEâS LIABILITY TO YOU IN PARAGRAPH 15.1 ABOVE SHALL APPLY WHETHER OR NOT BIKEWISE HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
8. General legal terms
Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
The Terms constitute the whole legal agreement between you and Bikewise and govern your use of the Services (but excluding any services which Bikewise may provide to you under a separate written agreement), and completely replace any prior agreements between you and Bikewise in relation to the Services.
You agree that Bikewise may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
You agree that if Bikewise does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Bikewise has the benefit of under any applicable law), this will not be taken to be a formal waiver of Bikewiseâs rights and that those rights or remedies will still be available to Bikewise.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
The Terms, and your relationship with Bikewise under the Terms, shall be governed by the laws of the State of Washington without regard to its conflict of laws provisions. You and Bikewise agree to submit to the exclusive jurisdiction of the courts located within King County, Washington to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Bikewise shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.