Terms & Conditions

TERMS AND CONDITIONS

NATIONAL BIKE CHALLENGE SITE TERMS OF USE

Updated March 16, 2017

IMPORTANT! PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE. Our Privacy Policy is incorporated into these Terms of Use (the “Terms”) and these Terms may contain definitions from the Privacy Policy. Please note, if you enter the National Bike Challenge, your entry is subject to the Challenge Rules and the Challenge Waiver.

Your use of this Site and the information available on this Site is subject to the following terms and conditions:

I. Site Ownership

The National Bike Challenge site (the “Site”) is operated and maintained by the League of American Bicyclists, a 501(c)(3) non-profit (collectively “the League,” “us,” “our,” or “we”), and has been created for your information, education, entertainment and communication. The founder of the event is Kimberly-Clark Corporation (“K-C”) owner of the Site.. The Site and all perceptible components hereof, including without limitation text, software, scripts, graphics, photos, sounds, music, videos, and interactive features are copyrighted by either the League, K-C, or our other licensors.

II. Restrictions on Use

The Site is available only for your personal, non-commercial use. The Site is not intended for children under the age of 13. If you are under 13 years of age, then please do not use the Site. Users between age 13 and 18 may only use the Site with the supervision and consent of a parent or guardian. By continuing to use the Site, you affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.

You agree not to use the Site to (i) violate or encourage the violation of any local, state, national, or international law; (ii) stalk, harass, or harm another individual; (iii) collect or store personal data about other users of our Site; (iv) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; (v) interfere with or disrupt the Site or networks connected to the Site or disobey any requirements, procedures, policies, or regulations of networks connected to the Site. You agree not to use the Site to send any message that is unlawful, libelous, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, profane, racially offensive, or otherwise objectionable, as determined by the League in its sole discretion.

Without our written consent, you may not (i) reproduce, duplicate, copy, sell, resell, or exploit for any commercial purpose any content on the Site or any use of, or access to, the Site; (ii) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam); (iii) use any high volume, automated, or electronic means (including, without limitation, robots, spiders, scripts, scrapers or other automated devices, processes or applications) to access the Site or monitor or copy our web pages or the content contained thereon, especially the Personal Information and Ride Data of our users; (iv) deep link to the Site for any purpose; or (v) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages.

III. Trademark Notice

All League, K-C and other sponsor or third-party company names, logos and trademarks on the Site are the property of their respective owners, and you may not use any of such materials for any purpose without the express written agreement of the trademark owner.

IV. Disclosure and Use of Your Communications

Postings to the Site and electronic mail delivered to the League are not confidential and the League shall not be liable for any use or disclosure thereof. All communications and any attached files you send to this site or to the League by electronic mail may be used by the League for any purpose whatsoever, commercial or otherwise, without compensation.

V. Site Access

The League hereby grants you permission to use the Site as set forth in these Terms, provided that your use of the Site is solely for your personal, noncommercial use. You may not copy or distribute any part of the Site in any medium without the League’s prior written authorization. In addition, you may not alter or modify any part of the Site other than as may be reasonably necessary to use it for its intended purpose.

VI. Content Submitted to the Site

By submitting content to and through the Site, you are responsible for ensuring the following is true: (1) you are at least 13 years old, and if you are under 18, that you are using the Site with the permission and supervision of your parent or guardian; (2) you are the owner of the content; (3) the content is truthful and accurate; (4) the content will not cause injury to any person or entity; (5) the content does not infringe someone else’s copyright, trademark, proprietary rights or rights of publicity and privacy; (6) the content does not violate a law, statute, ordinance or regulation; (7) the content would not reasonably be considered to be defamatory, libelous, hateful, racially or religiously biased or offensive or harassing to another party; (8) you were not paid to submit the content; (9) the content does not contain references to other websites, email addresses, contact information or phone numbers; (10) if the content contains the likeness or name of an identifiable person, you have that person’s permission to include their likeness/name in the content you are submitting; and (11) the content does not contain computer viruses, worms or other potentially damaging programs or files.

For any content that you submit, you grant the League a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you. You also hereby grant each user of the Site a non-exclusive license to access your content through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such content as permitted through the functionality of the Site as provided for in these Terms.

All content that you submit may be used at the League’s sole discretion. the League reserves the right to change, condense or delete any content on this website that the League deems, in their sole discretion, to violate the content guidelines or any other provision of these Terms. The League does not guarantee that you will have any recourse through the League to edit or delete any content you have submitted. Ratings and written comments are generally posted within two to four business days. However, the League reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you alone, not the League, are responsible for the contents of your submission.

VII. User Feedback

All communications, feedback, questions, comments, suggestions, proposed features, and the like (collectively “Feedback”) will be considered non-confidential and non-proprietary with regard to you, but we reserve the right to treat any such Feedback as the confidential information of the League. By submitting Feedback to us, you assign to us, free of charge, a perpetual, irrevocable, worldwide license to create derivative works, distribute, reproduce, perform, display, and otherwise use, any intellectual property rights or proprietary information and ideas contained within any such Feedback, including without limitation the right to sublicense or assign any of the foregoing. We will be entitled to use any Feedback you submit to us, and any ideas, concepts, know-how or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing and marketing products and services using such Feedback without restriction and without notifying or compensating you in any way. Please do not send us any information or materials for which you do not wish to grant us such rights, including, without limitation, any confidential information or any original creative materials such as product ideas, written materials, photographs, original artwork, or computer code. You are responsible for the information and other content contained in any Feedback you submit to us, including, without limitation, their truthfulness and accuracy.

VIII. Creating a User Profile

In order to access some features of the Site, you may have to create a user profile. You may never use another's user profile without permission. When creating your user profile, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your user profile, and you must keep your user profile password secure. You must notify us immediately of any breach of security or unauthorized use of your user profile. Although the League will not be liable for your losses caused by any unauthorized use of your user profile, you may be liable for the losses of the League or others due to such unauthorized use.

IX. Claims of Copyright Infringement

The League does not permit copyright infringing activities and infringement of intellectual property rights on the Site and will remove content if properly notified that such content infringes another's intellectual property rights. The League reserves the right to remove content without prior notice. We will also terminate your access to the Site, if you are determined to be a repeat infringer. A repeat infringer is someone who has been notified of infringing activity more than twice and/or has had submitted content removed from the Site more than twice. The League also reserves the right to decide whether the content is appropriate and complies with these Terms for violations other than copyright infringement, including but not limited to pornography, obscene or defamatory material, or excessive length. The League may remove such content and/or terminate your access for uploading such material in violation of these Terms at any time, without prior notice and at their sole discretion. If you believe that your content has been copied in a way that constitutes copyright infringement, you may submit a notification pursuant to Title 17, United States Code, Section 512(c)(2) by providing the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) an identification or description of the copyrighted work that you claim has been infringed; (3) an identification or description of where the material that you claim is infringing is located on the Site; (4) your address, telephone number, and email address; (5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Please contact us with claims of copyright infringement on the Site at:

The League of American Bicyclists 1612 K Street NW, Suite 1102 Washington, DC 20006 202-822-1333 or nationalbikechallenge@bikeleague.org Subj: COPYRIGHT

X. International Matters

The services referred to in the Site are available in the United States and may not be available in your country. The Site is controlled and operated by the League from the United States and the League makes no representation that the information and materials in the Site, including without limitation the information and other materials promoting the services identified herein, are applicable or available for use in other countries. Also, some software from the Site may be subject to export controls imposed by the United States Government and may not be downloaded or otherwise exported or re-exported into (or to a national or resident of) any country to which the U.S. has placed an embargo. If you download or use the software, you represent and warrant that you are not located in, or under the control of, or a national of any such country or on any such list.

XI. Governing Laws

The laws of the State of Wisconsin and the United States govern these Terms and any claims arising out of or relating to use of the Site, without giving effect to any choice of law rules. We make no representation that the Site is appropriate, legal or available for use outside of the United States. The state and federal courts located in Wisconsin will serve as the exclusive venue for any actions brought, or claims made, arising out of your use of our Sites, and you expressly consent to such jurisdiction and venue.

XII. DISCLAIMER OF WARRANTIES

THE LEAGUE and/or K-C MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT (E.G. TEXT AND IMAGES) OF THE CHALLENGE SITE. TO THE EXTENT PERMISSIBLE BY LAW, THE LEAGUE and/or K-C DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FURTHER, THE LEAGUE and/or K-C DOES NOT WARRANT THAT THE CHALLENGE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF COMPUTER "VIRUSES."

XIII. Limitation of Liability

The League and/or K-C will not be liable for damages of any kind, including without limitation special or consequential damages, arising out of your access to, or inability to access, the Site or your use of, or reliance upon, the Site or the content hereof. In addition, The League and/or K-C has no duty to update the Site or the content hereof and The League and/or K-C will not be liable for any failure to update such information. Further, The League and/or K-C is neither responsible nor liable for your use of other websites that you may access via certain links within the Site. These links and other "resources" referenced on the Site are provided merely as a public service to users of the internet and inclusion in our Site does not constitute an endorsement by or affiliation with the League and/or K-C

XIV. Purpose of the Site

The contents of the Site are for informational purposes only, and are not intended as medical advice. For medical care and advice, you should consult your physician or health care provider on a regular basis. If you have any problem that concerns you, consult your physician immediately.

XV. Other Terms

If any provision of these Terms is determined by a court of law to be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent, and the invalid provision will be modified as necessary to make it valid and enforceable while as closely as possible reflecting the original intentions of the League.

You agree that these Terms and any other agreements referenced herein may be assigned by us, in our sole discretion, to a third party in the event of a merger or acquisition or for any other reason. These Terms shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your interaction with our Site. You agree and understand that these Terms together with any other applicable agreements you may have entered into regarding our Site, constitutes the entire agreement between you and the League regarding your use of the Site, and that any other prior agreements between you and the League are superseded by these Terms.

Any failure by the League to exercise its rights under these Terms or to enforce the terms hereof will not constitute a waiver of those rights. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or relating to these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

XVI. Changes to Terms and Monitoring of Content

The League reserves the right at their discretion to change, modify, add or remove portions of these Terms at any time. Please check the Terms periodically for changes. Your continued use of the Site following the posting of changes to the Terms, including the Privacy Policy, will mean you accept those changes. A COPY OF THESE TERMS MAY BE DOWNLOADED, STORED OR PRINTED.

XVII. Contact Us

If you have any questions about our Terms, you can contact us at:

The League of American Bicyclists 1612 K Street NW, Suite 1102 Washington, DC 20006 202-822-1333 nationalbikechallenge@bikeleague.org