1. Terms
a. Agreement to these Terms and Conditions of Use, as well as to compliance with all
relevant and applicable laws and regulations is a condition of use of FitBike. User is
prohibited from using or accessing FitBike without agreeing hereto.
b. The materials contained on FitBike are protected by applicable copyright and trademark
law. User is prohibited from infringing on FitBike’s copyrights and trademarks.
c. FitBike is not responsible for, and expressly disclaims any and all liability for damages of
any kind arising out of User’s use of, or reliance on FitBike.
d. User Expressly assumes any and all liability for damages of any kind arising out of User’s
use of, or reliance on FitBike.
e. FitBike makes no guarantees or warrantees of any kind.
f. FitBike makes no claims as to what distance your gear needs service.
2. Use License
a. Conditioned on User’s continued agreement to these Terms and Conditions of Use, User
is granted to temporarily download of one copy of the materials (information or software)
on FitBike's website for personal, non-commercial transitory viewing only. This is the
grant of a license, not a transfer of title, and under this license User may not:
i.
Modify or copy the materials;
ii.
Use the materials for any commercial purpose, or for any public display
(commercial or non-commercial);
iii.
Attempt to decompile or reverse engineer any software contained on FitBike's
web site;
iv.
Remove any copyright or other proprietary notations from the materials; or
v.
Transfer the materials to another person or "mirror" the materials on any other
server.
b. This license shall automatically terminate if User violates any of these restrictions, and
may be terminated by FitBike or the User at any time. The User agrees to destroy any
downloaded materials in the User’s possession whether in electronic or printed format
upon the termination of this license.
3. Disclaimer/Assumption of Risk
a. FitBike hereby disclaims, and the User hereby assumes any, and all risks associated with
either the User’s or a third-party’s use of the User’s equipment or FitBike account. User
is hereby expressly informed of and assumes the risk that equipment may need to be
serviced prior to a service notification, that FitBike may fail to send a service notification,
that FitBike may improperly send a service notification and that any of the preceding may
result in a physical or property damage to the User or a third party,
b. User expressly agrees that cycling carries inherent and significant risks of property
damage, bodily injury or death and that user voluntarily assumes all known and unknown
risks associated with cycling even if caused in whole or in part by the action, inaction, or
negligence of FitBike or by the action, inaction or negligence or others.
c. The User agrees to fully indemnify and hold harmless FitBike and Strava from any and all
actions or proceedings resulting from or associated with User’s use of FitBike. FitBike
shall have sole authority to select it’s legal representation and other advisors.
d. The materials on FitBike's website are provided to the User "as is." FitBike makes no
warranties, expressed or implied, and hereby disclaims and negates any and all other
warranties, including without limitation, implied warranties or conditions of
merchantability, or fitness for a particular purpose.
e. FitBike does not warrant or make any representations concerning the accuracy, likely
results, or reliability of its website. Furthermore, Fitbike specifically does not guarantee
that service alerts will be issued when requested, or that service may not be required
earlier than requested.
f.
FitBike and its subsidiaries, affiliates, employees, and agents make no warranty that: (a)
The service will meet your requirements; (b) your content will be available or the service
will be uninterrupted, timely secure or error free; (c) The results that may be obtained
from the use of the service will be accurate or reliable; (d) The Quality of any products,
services, information or other material purchased or obtained by the user through the
service will meet the expectations; and (e) any errors in the services will be corrected.
4. Limitations
a. User hereby agrees that in no event shall FitBike or its suppliers be liable for any
damages (including, without limitation, damages for loss of data or profit, or due to
business interruption,) arising out of User’s use or inability to use the materials on
FitBike's website, even if FitBike, or a FitBike authorized representative has been notified
orally or in writing of the possibility of such damage.
5. Revisions and Errata
a. The materials appearing on FitBike's website may include technical, typographical, or
photographic errors. FitBike does not warrant that any of the materials on its website are
accurate, complete, or current. FitBike may make changes to the materials contained on
its website at any time without notice, however FitBike does not make any commitment to
update the materials.
6. Links
a. FitBike has not reviewed all of the sites linked to its website and is not responsible for the
contents of any such linked site. The inclusion of a link does not imply endorsement by
FitBike of the site. Use of any such linked website is at the user's own risk.
7. Site Terms of Use Modifications
a. FitBike may revise these Terms and Conditions of Use at any time without notice. By
using this web site you are agreeing to be bound by the then current version of these
Terms and Conditions of Use.
8. Governing Law
a. Any claim relating to FitBike's, the FitBike website or these Terms and Conditions of Use
shall be governed by the Laws of the State of California without regard to conflict of law
provisions.
9. Privacy Policy
a. Users privacy is very important to Fitbike. The following outlines our privacy policy.
● Before or at the time of collecting personal information, we will identify the purposes for
which information is being collected.
● We will collect and use of personal information solely with the objective of fulfilling those
purposes specified by us and for other compatible purposes, unless we obtain the
consent of the individual concerned or as required by law.
● We will only retain personal information as long as necessary for the fulfillment of those
purposes.
● We will collect personal information by lawful and fair means and, where appropriate, with
the knowledge or consent of the individual concerned.
● Personal data should be relevant to the purposes for which it is to be used, and, to the
extent necessary for those purposes, should be accurate, complete, and up-to-date.
● We will protect personal information by reasonable security safeguards against loss or
theft, as well as unauthorized access, disclosure, copying, use or modification.
● We will make readily available to customers information about our policies and practices
relating to the management of personal information.
FitBike is committed to conducting our business in accordance with these principles in order to
ensure that the confidentiality of personal information is protected and maintained.
10. Notice for California Members
a. Under California Civil Code Section 1789.3, California Services members are entitled to
the following specific consumer rights notice: The Complaint Assistance Unit of the
Division of Consumer Services of the California Department of Consumer Affairs may be
contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834,
or by telephone at (800) 952-5210.