Last revised: September 3, 2018
Ealdorman reserves the right to change or modify the terms and conditions contained in these Terms or any policy or guideline of the Site, at any time and in its sole discretion. We will provide notice of these changes by posting the revised Terms to the Site and changing the "Last Revised" date at the top of the Terms, or by providing other means of notice as Ealdorman will determine each time in its sole discretion. Using a particular form of notice in some instances does not obligate us to use the same form in other instances. Any changes or modifications will be effective immediately upon posting the revisions to the Site, and will apply to your subsequent use of the Site. You waive any right you may have to receive specific notice of such changes or modifications. Your continued use of this Site will confirm your acceptance of such changes or modifications; therefore, you should review the Terms and applicable policies whenever you use the Site to understand the terms that apply to such use. If you do not agree to the Terms in effect when you access or use the Site, you must stop using the Site.
BikeBeltline, a service of Ealdorman, Inc., is engaged in selling products and providing trail data to Users of the Site, Users of BikeBeltline mobile apps ("Apps") and users of BikeBeltline's Users' websites ("User Sites") as Users may see fit to provide such data on their User Sites.
Italicized language is a convenience to the reader and is for reference only. Italicized language does not expand, limit or define the text of these Terms.
You must be eligible to use the Site.
By accessing or using the Site, you represent and warrant that you have not previously been suspended or removed from the Site. You represent and warrant that you are not: (a) located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services; (b) identified as a "Specially Designated National", or (c) placed on the Commerce Department’s Denied Persons List. You further represent and warrant that you will not use the Site if the laws of your country prohibit you from doing so in accordance with these Terms.
2. Use of Application Program Interfaces (API)
We utilize Stripe, Inc. ("Stripe") APIs for payments processing, and, as such, we do not maintain or otherwise store credit card or any other private, sensitive payment information. Sensitive financial information is sent directly to Stripe and never touches our servers. Storage of financial information provided by Users is subject to Stripe's policies.
We utilize various APIs, including, but not limited to, APIs from Google, Amazon, Stripe and Last Mile Ninja. Data storage as it relates to the use of these APIs is subject to the terms and policies of each API provider respectively.
4. Confidentiality of Transmissions Over the Internet
We take every reasonable precaution to protect your privacy, but we cannot control errors on your part, or take responsibility for errors you may make.
Without prejudice to our foregoing obligations, in asking us to enter into any transaction, you represent that you have been solely responsible for making your own independent appraisal and investigations into the risks of the transaction. You represent that you have sufficient knowledge, technical sophistication, professional advice and experience to make your own evaluation of the merits and risks of any transaction. We give you no warranty as to the suitability of the products offered under this Agreement and assume no fiduciary duty in our relations with you.
6. Copyright and Limited License
Unless otherwise indicated on the Site and Apps, the Site and all content and other materials on the Site and Apps, including, without limitation, our logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "BikeBeltline Materials") are the proprietary property of Ealdorman or its licensors or users and are protected by U.S. and international copyright laws.
Users who submit logos and other material ("User Material") as part of their general use of our Site and Apps give us the unlimited authority and right to publish, edit and/or otherwise alter and disseminate User Material at our unfettered discretion.
You are granted a limited, non-sublicensable license to access and use BikeBeltline Materials, subject to these Terms. Except as expressly permitted on the Site and Apps, in these Terms or otherwise in writing by us, such license does not include: (a) any resale or commercial use of BikeBeltline Materials; (b) the distribution, public performance or public display of any BikeBeltline Materials; (c) modifying or otherwise making any derivative uses of the Site and BikeBeltline Materials, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Site, the BikeBeltline Materials or any information contained therein; or (f) any use of the Site or the BikeBeltline Materials other than for its intended purpose. Any use of the Site and Apps or BikeBeltline Materials other than as specifically authorized herein, without prior written permission from us, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
7. Location liability
We are not liable for inaccurate locations provided in Our Apps.
BikeBeltline, as a provider of an interactive computer service, shall not be liable for inaccurate locations or directions provided by Our Apps and any damage such inaccurate directions or locations may cause, including, but not limited to, property damage and lost revenue due to a Users' having followed inaccurate directions and/or locations. You understand and recognize Your use of Our Apps is at your own risk, and You are responsible for any damage that may be caused by Your use of Our Apps.
8. Repeat Infringer Policy
We respect copyrights of others, and we expect our Users to do so as well.
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, We have adopted a policy of terminating, in appropriate circumstances and in Our sole discretion, Users who are deemed to be repeat infringers. We may also, in Our sole discretion, limit access to the Site and Apps and/or terminate or otherwise remove from the Site and Apps the User Materials of any User who infringes any intellectual property rights of others, whether or not there is any repeat infringement.
9. Copyright Complaints
Please let us know if we inadvertently infringe on your copyrighted work.
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
10. Permitted Uses
You may link to our site, but you may not use any of our copyrighted material.
You are granted a limited, non-exclusive right (the “Permitted Uses”) to create a text hyperlink to the Site, provided such link does not portray BikeBeltline Materials in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable, in Our sole discretion. This limited right may be revoked at any time. You may not use any BikeBeltline Materials or other proprietary graphic of BikeBeltline to link to the Site or Apps without the express written permission of BikeBeltline. Furthermore, you may not use, frame or utilize framing techniques to enclose any BikeBeltline logo or other proprietary information, including the images found on the Site or layout/design of any page or form contained on a page of the Site without our express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or other proprietary right of BikeBeltline or any third party.
11. Third Party Content
We cannot, nor would we want to control actions of other content providers. We neither guarantee nor warranty your dealings with other entities.
BikeBeltline and its Users may provide third party content on the Site and Apps and may provide links to web pages and content that are not owned or controlled by us (collectively the "Third Party Content") as a service to those interested in this information. We do not control, endorse or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that We are not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk. Your business dealings or correspondence with, or participation in promotions of, any third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third parties. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such Third Party Content on the Site.
If you give us feedback, you grant us the right to utilize any suggestions you make.
You acknowledge and agree that any materials, including but not limited to questions, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding us or the Site and Apps (collectively, "Feedback") that are provided by You, whether by email, posting to the Site or otherwise, will become Our sole property. We will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, with or without acknowledgment.
13. User Conduct and Obligations
Please don’t try to maliciously tear down what we’ve built.
Your license to access and use the Site is subject to the following restrictions and prohibitions on use (the "User Conduct and Obligations"). You agree that you shall not: upload, post, transmit, share or otherwise make available through, or to, the Site and Apps any content that: is unlawful, abusive, or threatening; might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others; might violate any local, federal, or international law, either intentionally or unintentionally, or; contains any viruses, trojan horses, time bombs, or any other harmful or disruptive computer code, file, or program designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; reproduce, copy, modify, distribute, market, display, transfer, sublicense, sell, exchange, barter, transfer, or otherwise make available in any form or by any means, except for the express limited uses of BikeBeltline Materials, all or any portion of BikeBeltline Materials or any retrieved therefrom; disrupt, disable, place unreasonable burdens or excessive loads on, interfere with, or attempt to gain unauthorized access to any portion of the Site’s and App's computer systems, servers, or networks; post or provide any information that that you know (or ought to know) is false or misleading, provide false information about yourself, or the origin of any content, message, or other communication; upload, post, transmit, share, or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail,” "spam,” "chain letters,” "pyramid schemes,” or any other form of solicitation, bulk e-mail, or duplicative messages; use any automatic or manual process to collect, harvest, gather, or extract information about other visitors to or users of the Site and Apps, or otherwise systematically extract data or data fields, including without limitation any User data or User information; use the Site for the purpose of gathering information for, or transmitting, unsolicited bulk commercial e-mail or Bitmessage transmissions over the Internet to other users of the Site or to other third parties. Internet e-mail transmissions sent to, or through, the computer systems of the Site and Apps or to users of the Site and Apps or to other third parties containing invalid or forged headers, invalid or non-existent domain names, or other deceptive addressing is deemed counterfeit. SENDING, OR ATTEMPTING TO SEND, COUNTERFEIT E-MAIL MESSAGES TO, OR THROUGH, THE COMPUTER SYSTEMS OF THE SITE AND APPS IS STRICTLY PROHIBITED; provide access to or use of any portion of the Site and Apps through any timesharing system, service bureau, the Internet, or any other technology now existing or developed in the future, except as specifically permitted in writing by us; redistribute any BikeBeltline in any manner whatsoever including without limitation by means of printed publication, fax broadcast, web pages, e-mail, web newsgroups or forums, or any other electronic or paper-based service or method, to any person, organization, corporation or other entity, including within your own organization or externally, except for the express limited uses of BikeBeltline Materials; present, archive, cache, frame, scrape, or mirror any BikeBeltline Materials from any part of the Site and Apps within another web site, except for the express limited uses of BikeBeltline Materials; remove, obscure, or alter any notice of our intellectual property rights present on or in the Site and Apps, including but not limited to copyright, trademark, and/or patent notices; copy, disassemble, decompile, translate, reverse engineer or otherwise reduce the Site and Apps software or use any network monitoring or discovery software to determine the network and/or computer architecture, except as permitted by mandatory rules of applicable law that cannot be dis-applied by contract; remove, disable, defeat, or change any functionality or appearance of the Site and Apps or intentionally alter the format in which BikeBeltline Materials are published by Us or otherwise circumvent the Site’s and App's regular interfaces to such BikeBeltline Materials; embed or import any user payment data provided in, on or through the Site and Apps into any information services (whether or not web-based), data files, or application software, including without limitation accounting and payroll systems, except as specifically permitted in writing by us;
The foregoing prohibitions expressly include, but are not limited to, the practice of "screen scraping,” or any other practice or activity the purpose of which is to obtain lists of data, portions of a database, or other lists or information from the Site and Apps, in any manner or in any quantities not authorized in writing by us.
14. Email communications
We won’t constantly bother you with emails.
You grant us permission to contact you and communicate with you by email. You will receive communications upon user account creation, password changes and other matters relating to your user account – if you have created one.
For all other matters, you will be given the option to opt-out.
If Ealdorman ownership changes, these Terms remain in effect for the benefit of new owners.
The Site and Apps provided for the User is not transferable under any circumstance and shall be used only by the User. However, we shall have the right to transfer, assign or sell all its rights, benefits or obligations to any person and these Terms shall continue to be in force and effect for the benefit of the successors and assigns of Ealdorman.
You indemnify us.
You agree to defend, indemnify and hold harmless Ealdorman, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to: (a) your use of the Site and Apps; (b) any BikeBeltline Materials or Feedback you provide; (c) your violation of these Terms; (d) your violation of any rights of another; or (e) your conduct in connection with the Site and Apps. Some jurisdictions limit consumer indemnities, so some or all of the indemnity provisions above may not apply to you. If you are obligated to indemnify us, we will have the right, in our sole and unfettered discretion, to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms.
17. Disclaimer of Warranties
You use BikeBeltline at your own risk.
WE PROVIDE NO GUARANTEE AS TO THE PERFORMANCE OR THE UNINTERRUPTED AVAILABILITY OF THE SITE, APPS OR THE BIKEBELTLINE MATERIALS. THE SITE, APPS AND BIKEBELTLINE MATERIALS ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. EALDORMAN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE AND THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. EALDORMAN DOES NOT REPRESENT OR WARRANT THAT BIKEBELTLINE MATERIALS OR THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE EALDORMAN ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE SAFE, EALDORMAN CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
We reserve the right to change any and all content contained in the Site and Apps at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Us.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
18. Limitation of Liability
We will not be liable to you in the event of site shutdown.
IN NO EVENT WILL EALDORMAN, ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE, THE BIKEBELTLINE MATERIALS OR THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE AND APPS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM BIKEBELTLINE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAILS, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS OR SITE. IN NO EVENT WILL THE AGGREGATE LIABILITY OF EALDORMAN, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE AND APPS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO EALDORMAN FOR USE OF THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
We reserve the right to modify or discontinue, temporarily or permanently, the Site and Apps or any features or portions thereof without prior notice. You agree that we will not be liable for any modification, suspension or discontinuance of the Site or any part thereof.
19. Applicable Law and Venue
Actions against us should be brought in Wake County, North Carolina.
These Terms and your use of the Site will be governed by and construed in accordance with the laws of North Carolina, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms will be filed only in the state and federal courts located in Wake County, North Carolina and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.
22. Termination and Suspension
We may cause bad actors to lose access to BikeBeltline.
Notwithstanding any of these Terms, We reserve the right, without notice and in our sole discretion, to terminate or suspend your right to use the Site and Apps, and to block or prevent your future access to, and use of, the Site and Apps.
Sections below will remain in effect after any termination or expiration of these Terms.
11 (Third Party Content), 12 (Feedback), 16 (Indemnification), 17 (Disclaimer of Warranties), 18 (Limitation on Liability), 19 (Applicable Law and Venue), this Section 23 (Survival) and Section 24 (Severability) will survive any termination or expiration of these Terms.
Sections of these Terms deemed unenforceable shall not make all of these Terms unenforceable.
If any provision of these Terms is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
When these Terms are changed, the “Last revised” date at the top of these Terms will be updated.
We may enforce Terms as we see fit.
27. Force Majeure
Acts of God may limit our ability to perform under these Terms.
In addition to applicable disclaimers stated above, our performance under these Terms shall be excused in the event of interruption and/or delay due to, or resulting from, causes beyond its reasonable control, including but not limited to acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, flood, earthquake, explosion, embargo, acts of terrorism, power failure, equipment failure, industrial or labor disputes or controversies, acts of any third party data provider(s) or other third party information provider(s), third party software, or communication method interruptions.
28. Governing Language and Translation
You understand that these Terms were written in English, and are meant to be interpreted in English.
29. Questions & Contact Information
Please contact us with any questions or concerns.
Questions or comments about the Site and Apps or these Terms may be directed to BikeBeltline by opening a support ticket.
You may send us mail at 4801 Glenwood Ave., Ste. 200-048, Raleigh, NC 27612.