TERMS OF SERVICE
The following terms and conditions govern all use of this website, bigorangecycling.org, and all content, services and products available on or through the website (taken together, the "Website"). The Website is owned and operated by Big Orange Cycling, a California Non-Profit 501(c)(3) public benefit corporation. The Website is offered subject to your acceptance without modification of any of the terms and conditions contained herein and all other operating rules, policies, and procedures that may be published from time to time on the Website by Big Orange Cycling (collectively, this “Agreement”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website or use any services available through the Website. If these terms and conditions are considered an offer by Big Orange Cycling, acceptance is expressly limited to these terms.
RESPONSIBILITY OF WEBSITE VISITORS
Big Orange Cycling has not reviewed, and cannot review, all of the material, including computer software, posted to the Website's member area, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Big Orange Cycling does not represent or imply that it endorses the material posted on it, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other malicious content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Big Orange Cycling disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
RESPONSIBILITY OF CONTRIBUTORS
If you post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio or video file, or computer software. By making Content available, you represent and warrant that:
the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
the Content is not spam, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
the Content is not obscene, libelous or defamatory, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party; and
By submitting Content to Big Orange Cycling, you grant Big Orange Cycling a world-wide, royalty-free, and non-exclusive license to use, distribute, reproduce, modify, adapt and publish the Content for the purposes of providing and promoting the Website and features and services available on the Website. If you delete Content, Big Orange Cycling will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of these representations or warranties, Big Orange Cycling has the right (though not the obligation) to, in Big Orange Cycling’s sole discretion: (i) refuse or remove any content that, in Big Orange Cycling’s reasonable opinion, violates any Big Orange Cycling policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Big Orange Cycling’s sole discretion. In connection with any such refusal, removal, termination or denial of access, Big Orange Cycling will have no obligation to provide you with a refund of any amounts previously paid to Big Orange Cycling.
CONTENT POSTED ON OTHER WEBSITES
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which bigorangecycling.org links, and that link to bigorangecycling.org. Big Orange Cycling does not have any control over those websites and webpages, and is not responsible for their contents or their use. By linking to a bigorangecycing.org website or webpage, Big Orange Cycling does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Big Orange Cycling disclaims any responsibility for any harm resulting from your use of non-Big Orange Cycling websites and webpages.
COPYRIGHT INFRINGEMENT AND DMCA POLICY
As Big Orange Cycling asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by bigorangecycling.org violates your copyright, you are encouraged to notify Big Orange Cycling in accordance with Big Orange Cycling’s Digital Millennium Copyright Act (”DMCA”) Policy. Big Orange Cycling will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Big Orange Cycling or others, Big orange Cycling may, at its discretion, terminate or deny access to and use of the Website. In the case of such termination or denial of access, Big Orange Cycling will have no obligation to provide you with a refund of any amounts previously paid to Big Orange Cycling.
This Agreement does not transfer from Big Orange Cycling to you any Big Orange Cycling or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Big Orange Cycling. Big Orange Cycling, bigorangecycling.org, and all other trademarks, service marks, graphics and logos used in connection with bigorangecyclng.org, or the Website are trademarks or registered trademarks of bigorangecycling.org or Big Orange Cycling’s sponsors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Big Orange Cycling or third-party trademarks, service marks, graphics or logos.
You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. You must not use your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others. Big Orange Cycling may change or remove any description or keyword connected to your account or content you contribute to the Website that it considers inappropriate or unlawful, or otherwise likely to cause Big Orange Cycling liability. You must immediately notify Big Orange Cycling of any unauthorized use of your account or any other breaches of website security. Big Orange Cycling will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Big Orange Cycling reserves the right, in its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Big Orange Cycling may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Big Orange Cycling may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
DISCLAIMER OF WARRANTIES
The Website is provided “as is.” Big Orange Cycling and its sponsors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Big Orange Cycling or its sponsors make any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
LIMITATION OF LIABILITY
In no event will Big Orange Cycling or its sponsors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; or (iii) for interruption of use or loss or corruption of data. Big Orange Cycling shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
GENERAL REPRESENTATION AND WARRANTY
You agree to indemnify and hold harmless Big Orange Cycling, its contractors, and its sponsors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation this Agreement.
This Agreement constitutes the entire agreement between Big Orange Cycling and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized officer of Big Orange Cycling, or by the posting by Big Orange Cycling of a revised version of this agreement. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Los Angeles, California.
The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions. Big Orange Cycling may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
BIG ORANGE CYCLING WAIVER AND RELEASE OF LIABILITY
In consideration of Big Orange Cycling, a California Non-Profit 501(c)(3) public benefit corporation (“Big Orange Cycling”), furnishing services to enable me to use the Big Orange Cycling Website and any and all related applications in connection with activities including, but not limited to cycling, and/or participation in other events (hereinafter collectively referred to as “Activities”), I agree to the terms of this Big Orange Cycling Waiver and Release of Liability (“Release”) as set forth herein.
I fully understand and acknowledge the following:
The Activities have inherent risks, dangers, and hazards;
My participation in the Activities carries with it the potential for property loss and serious injury or illness, including, but not limited to, bodily injury, disease, strains, fractures, partial and/or total paralysis, death or other ailments that could cause serious disability;
The risks and dangers arising out of or related to the Activities may be caused by negligence of myself, the owners, employees, officers or agents of Big Orange Cycling, the negligence of sponsors, component manufacturers, original equipment manufacturers, independent bike dealers, trail associations, individual promoters, event promoters, clubs, other cycling clubs, agencies, coaches, participants, or other parties, as well as accidents, breaches of contract, the forces of nature, or other causes. Risks and dangers may arise from foreseeable or unforeseeable causes including, but not limited to, those caused by terrain, darkness, altitude, temperature, weather, condition of participants, equipment, inadequate safety equipment, vehicular traffic, actions of other parties, fixed or moving objects, lack of hydration, and such other risks, dangers, and hazards that are integral to the Activities in an outdoor or recreational environment; and
In consideration for allowing me to participate in these Activities, I hereby assume all risks and dangers and all responsibility for any losses and/or damages, whether caused in whole or in part by the negligence or other conduct of the owners, agents, officers, or employees of Big Orange Cycling. I am also solely responsible for whether I will or will not wear a helmet or other protective gear or equipment.
Further, as consideration and a strict condition precedent to my participation in the Activities, I, on behalf of myself, my personal representatives and my heirs hereby voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify Big Orange Cycling, and its owners, agents, officers and employees from any and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services or otherwise which may arise out of my use of Big Orange Cycling services arising out of or relating to the Activities. I specifically understand that as consideration and as a strict condition precedent to my participation in the Activities, I am releasing, discharging, and waiving any claims or actions that I may have presently or in the future for the negligent acts or other conduct by the owners, agents, officers or employees of Big Orange Cycling.
This Release shall be governed by and interpreted in accordance with the laws of the State of California, and in the event that any clause or provision herein shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this Release which shall continue to be enforceable. I hereby agree that any claim for damage or injury arising out of or relating to the Activities and Big Orange Cycling (“Claim”), not otherwise barred by this Release, must be commenced by filing a complaint in either Los Angeles County Court no later than 120 days after the Claim arises, or else the Claim is forever barred. The exclusive jurisdiction for any such Claim is in the state and federal courts located in Los Angeles, California, and I consent to personal jurisdiction in those courts.
I HAVE READ THE ABOVE RELEASE AND BY USING THIS WEBSITE AGREE TO ITS TERMS.