Please read these Terms of Service before registering for an account on this website. By registering and using this website, you agree to the terms listed below. If you do not agree to these Terms of Service, please do not use the BikeTexas website.
1. General
This site is owned and operated by Texas Bicycle Coalition / BikeTexas an incorporated non-profit organization registered in Travis County, Texas. BikeTexas has the right, at any time, to change or discontinue any feature of this website. These Terms of Service apply to all users of BikeTexas.org.
2. User Conduct and Obligations
A. As a condition of your use of the BikeTexas website you agree to provide : (1) true, accurate, current and complete information about yourself as required by the BikeTexas.org user registration form (such data being the “Registration Information “) (2) maintain and update the Registration Information as necessary to keep it current. If you provide any information that is untrue, inaccurate, not current or incomplete, BikeTexas.org has the right to terminate the user account and refuse any and all current or future use of our services and programs. (3) As a condition of your use of the BikeTexas.org website you agree you will use the site for lawful purposes only.
B. You agree not to use the BikeTexas.org website to (1) Obstruct or hinder the use and enjoyment of the website by other users; (2) Violate any applicable local, state, national, and international laws and regulations; (3) Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (4) Interfere with or disrupt the BikeTexas.org website or servers; (5) Transmit or otherwise make available any material in connection with surveys, chain letters, junk email, spamming, contests, pyramid schemes, or any duplicative or unsolicited messages (commercial or otherwise); (6) Upload, post, email, transmit or otherwise make available any content that is unlawful, damaging, intimidating, hostile, offensive, harassing, defamatory, improper, obscene, vulgar, invasive of another’s privacy, ethnically or otherwise objectionable; (7) Upload, post, email, transmit or otherwise make available any content protected by any patent, trademark, copyright or other intellectual proprietary laws unless you own or control the rights thereto or have received all necessary consents to do the same; (8) Upload files that contain viruses, worms, corrupted files or any other similar software or programs designed to disrupt, damage or limit the operation of any computer or telecommunications equipment or property of another; (9) “Stalk” or otherwise harass other users; collect or store personal data about other users; (10) Advertise, Promote or offer to sell or buy any goods or services for any business purpose; (11) Reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion, use or access of the BikeTexas.org website, including but not limited to e-books, e-book excerpts, and e-book reader reviews.
C. As a registered BikeTexas.org website user with a user name and password you take total responsibility for maintaining the confidentiality of your password and account. You are also entirely responsible for any and all activities that occur under your account. You agree to notify BikeTexas.org immediately of any unlawful and/or unauthorized use of your account or any other security violation. You understand that BikeTexas.org will not be liable for any loss or damage in any form incurred as a result of unauthorized usage of your account, with or without your knowledge. However, you could be held liable for losses or damages incurred by BikeTexas.org or a third party as a result of your failure to comply with this clause. You also agree not to use anyone else’s account, at any time, without the prior permission of the account holder.
D. You comprehend and agree that no compensation will be paid in any form with respect to any material you freely post to the BikeTexas.org message boards BikeTexas.org is under no obligation to post or use any material provided by you, including reader reviews, and BikeTexas.org retains the sole discretion to remove any submission at any time. You comprehend and agree that by submitting, posting, uploading, making available content or any other material, you warrant that you own or otherwise control all of the rights to your submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload or submit the content or material..
3. Indemnity and Disclaimer of Warranty
A. The BikeTexas.org website is provided on an “as is” basis without warranties of any kind, either express or implied. You agree that use of the website is at your sole risk. Neither BikeTexas.org, nor any of its respective representatives warrant that the website will be uninterrupted or error-free; nor do they make any warranty as to the thoroughness, completeness, or reliability of any information, service, or merchandise provided through the site.
B. You comprehend and agree to indemnify and hold BikeTexas.org, its affiliates, employees and representatives harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of your use of the website, your connection to the website, your violation of the BikeTexas.org, or your violation of any rights of another. You hereby acknowledge that the provisions of this section shall apply to all use of and content on the BikeTexas.org website.
4. Monitoring
BikeTexas has no obligation to observe and monitor the content of the BikeTexas.org website, including any chat rooms and message boards. However, BikeTexas.org reserves the right to review materials posted and to remove any material(s). Texas Bicycle Coalition also reserves the right to terminate your access to any or all of our services, at any time, without notice, for any reason whatsoever. BikeTexas reserves the right at all times to divulge any information it considers necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part.
5. Trademarks
Texas Bicycle Coalition, BikeTexas.org, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of Texas Bicycle Coalition/BikeTexas and/or Texas Bicycle Coalition Education Fund/BikeTexas Education Fund. All rights reserved. All other trademarks appearing on the site are the property of their respective owners.
6. Third Party Content
BikeTexas does not endorse nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the BikeTexas.org website by anyone other than authorized BikeTexas and/or BikeTexas Education Fund employee spokespersons while acting in their official capacities. Opinions, statements, or other information or content expressed or made available by users and other third parties, are those of the respective parties and not of BikeTexas.
7. Merchandise
BikeTexas does not warrant that the materials and content we currently offer will always be available in the formats currently supported, and reserves the right to discontinue any format at any time with or without notice. Users may not modify, transmit, publish, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit, any of the content of BikeTexas.org, in whole or in part without permission.
8. Changed Terms
BikeTexas reserves the right to modify or discontinue, temporarily or permanently, any part of the BikeTexas.org website with or without notice to the user at any time and from time to time. You agree that BikeTexas shall not be liable to you or any third-party for any modification or discontinuance of any feature or aspect of the BikeTexas.org website.
9. Miscellaneous
These Terms of Service shall be construed in accordance with the laws of the State of Texas. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
