Privacy Policy
The BestForCycling Privacy Policy which is an integral part of these Terms of Service, is incorporated here by reference. If you have not yet reviewed the BestForCycling Privacy Policy, then please do so prior to agreeing to these Terms of Service. You agree that beyond the Personal Information identified in the Privacy Policy, any information or data disclosed or sent to BestForCycling over the telephone, electronically or otherwise, is not confidential or proprietary to you.
COLLECT PERSONAL INFORMATION
BestForCycling collects your Personal Information only where it is required in order to provide you the best services and products available. By maintaining an accurate customer database, we are able to send notifications via e-mail to keep you informed about the status of your orders or accounts and to provide updates and technical notices. These messages are essential to the maintenance of your subscription and the functionality of our products and services. BestForCycling does not intentionally collective “sensitive personal information,” which induces, for example, Personal Information specifying medical or health conditions, racial or ethnic origin, or trade union membership.
BestForCycling collects your Personal Information at a variety of points, including when you visit the Web Site, subscribe a service letter, place an order, (which may require you to provide Personal Information, including a credit card number, to our payment provider PayPal), request services or take part in other activities on our Web Site. When you register or subscribe our service letter, you will be provided with an option to opt-out of receiving promotional information on our products and services. Please be aware that if you prefer not to provide us with your Personal Information, because such information may be necessary for us to provide certain services, we may not be able to, or may choose not to, make such services available to you.
SHARE PERSONAL INFORMATION
BestForCycling is committed to protecting your privacy. BestForCycling will not, under any circumstances, rent or sell your Personal Information, nor does BestForCycling trade or exchange mailing lists with any other organization. BestForCycling may disclose your Personal Information, or other information that we receive in the course of our interactions with you, when we believe that disclosure is (a) required by law, (b) necessary to protect the rights, property or safety of BestForCycling or its employees, its customers, or others, and/or (c) is necessary to comply with a lawful request, court order, or legal process served on BestForCycling. If you choose to contact BestForCycling via online chat, there will be no information stored by BestForCycling. However, you may be asked to provide an email address and a valid username to get properly supported.
COOKIES
BestForCycling uses "cookies" to collect non-Personal Information that enables us to better understand and improve the usability, performance and effectiveness of BestForCycling's Web Site, and for reporting purposes to track sales. BestForCycling also uses a third-party affiliate platform CJ.com (http://www.cj.com/privacy_web_user.html）to track affiliate sales. The information that CJ.com collects and provides to BestForCycling is not personally identifiable and contains no Personal Information. Cookies are unique text files sent to your browser and stored on your computer. We do not store any Personal Information with these cookies. If you do not want BestForCycling to attach cookies to your browser, you can set your browser options to reject cookies or notify you when the Web Site tries to put a cookie in your browser software.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the Services, Materials and Software are for your personal and non-commercial use in addressing matters covered by your Service Plan. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services, Materials, or Software. Any Services, Materials, and Software are available only in connection with Services under a valid Service Plan.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the BestForCycling Portal or any Services, you will not use the Materials, Software or Services for any purpose that is unlawful or prohibited by these Terms of Service. You may not use the Services, Materials, or Software in any manner that could damage, disable, overburden, or impair any BestForCycling server, or the network(s) connected to any BestForCycling server, or interfere with any other party's use and enjoyment of any of the BestForCycling Portal, the Materials, Software or Services. You may not attempt to gain unauthorized access to any BestForCycling Portal, the Materials, Software or Services, other accounts, computer systems or networks connected to any BestForCycling server or to any of the BestForCycling Portal, the Materials, Software or Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any BestForCycling Portal, the Materials, Software or Services or information through any means other than that specifically permitted to you under a Plan Order.
FAIR USAGE POLICY; SUSPENSION OR TERMINATION OF SUBSCRIPTION: Though BestForCycling has no limits on the amount of online support requests a Subscription based plan user may make during the subscription period, however, each Subscriber's use of the support services for the subscription based plans are subject to BestForCycling's "fair use" policy. Under this policy, if at any time, in BestForCycling's sole discretion, a subscription based plan user is found to be abusing the service by exceeding the level of use reasonably expected from someone using a Subscription based Plan for individual use, then BestForCycling reserves the right to suspend or terminate Subscriber's Subscription Services. In addition, BestForCycling reserves the right to suspend or terminate any Subscription Services of any Subscriber that BestForCycling, in its sole discretion, determines are being used (a) fraudulently, (b) by any person other than Subscriber, or (c) for any computer system other than a Registered System. User may terminate the Service at any time by giving written or electronic notice to BestForCycling; provided, however, that User will not be entitled to a refund of any fees prepaid by User for the Service.
LINKING
You may not create hyperlinks to any portion of the BestForCycling Portal, nor any Materials or Software posted therein.
INDEMNITY
You agree to indemnify, defend, and hold BestForCycling, its subsidiaries, affiliates, officers, directors, employees, agents, licensors, consultants, suppliers, and any third-party Web site providers harmless from and against all claims, demands, actions, liabilities, losses, expenses, damages, and costs, including actual attorneys' fees, resulting from your violation of these Terms of Service, misuse or abuse of a Service, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. You will cooperate as fully as reasonably required in BestForCycling's defense of any claim. BestForCycling reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of BestForCycling. You agree immediately to notify BestForCycling of any unauthorized use of your account or any other breach of security known to you.
LIMITED LICENSES TO USE THE BestForCycling PORTAL, MATERIALS AND SOFTWARE
As permitted through a Service, you may use Materials and Software published on the BestForCycling Portal, or made available in connection with a Plan Order which may be available for additional purposes and or subject to additional restrictions.
GENERAL LICENSE RESTRICTIONS
Any other use of the BestForCycling Portal, Services, Materials or Software, other than as explicitly permitted by BestForCycling is prohibited. Rights to execute, copy, modify, display, transmit, distribute, manufacture, use, sale are all reserved to BestForCycling and its suppliers. Reverse engineering and decompilation of the Software is strictly prohibited.
USER RESPONSIBILITY
In connection with obtaining Services, you agree that you will:
Cooperate with the BestForCycling Technician: We will use commercially reasonable efforts to provide the support to you. Our experience shows that most issues can be corrected as a result of close cooperation between you and the technician. Please listen carefully to the technician and follow the technician's instructions. You must confirm that the following conditions are true:
The situation giving rise to the question is, reproducible on a single system, i.e., one central processing unit with its workstations and other peripherals;
You must have knowledge regarding the hardware system, any software involved, and in the facts and circumstances surrounding the incident;
The full system, including software and hardware, is available to you and accessible by you without limit during any telephone discussions with BestForCycling support personnel.
Software/Data Backup: You understand and agree that BestForCycling shall under no circumstance be responsible for any lost or corrupted software or data. BestForCycling strongly recommends that you at all times maintain a complete data backup and disaster recovery plan.
Account, Password, and Security: For you to submit a Plan Order, you must complete the Registration Process by providing us with current, complete and accurate information as prompted by and required under the applicable Registration Form. You also will choose a password and a user name. You are solely and entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account. You agree to notify BestForCycling immediately of any unauthorized use of your account or any other breach of security. BestForCycling will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by BestForCycling or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
AVAILABILITY OF SERVICES AND MATERIALS UNDER FORCE MAJUERE CIRCUMSTANCES
You hereby acknowledge that circumstances outside of BestForCycling's reasonable control (e.g., acts of God, a large scale outbreak of a new computer virus, strikes, riots, wars, other military action, civil disorder, acts of terrorism, fires, floods, vandalism, sabotage, acts of third parties, or the like) may cause significant delays in BestForCycling's ability to schedule a support session. You hereby release BestForCycling from any and all liability, and agree that BestForCycling shall not be liable to you or any third party for any direct or indirect damages whatsoever, resulting from such delays.
BestForCycling or its suppliers may, at any time, without notice or liability, restrict the use of the Service or limit its time of availability in order to perform maintenance activities and to maintain session control.
EXCLUSIONS FROM "SERVICES"
"Services" shall not include the following:
Any item or activity not covered by the terms of a Plan Order;
Service beyond the duration limitations identified in your Plan Order;
Problem diagnosis and support that may not be completed because of a problem with your computer or other equipment, or their configuration that is beyond our control;
Software, including the operating system and software added to the registered hardware products which are out of scope for the Service Plan;
Problems that may and do result from:
External causes such as accident, abuse, misuse, or problems with electrical power;
Usage that is not in accordance with product instructions provided by manufacture;
Failure to follow the product instructions provided by manufacture or failure to perform preventive maintenance; or
Problems caused by using accessories, parts, or components not compatible with the product.
Non Compliance with the BestForCycling technician instructions for resolving the query.
NOTICE SPECIFIC TO MATERIALS AND SOFTWARE AVAILABLE ON THE BestForCycling PORTAL, OR THROUGH A SERVICE
For your convenience, BestForCycling may make available Materials or Software (as each term is defined above) for use and/or download, whether as a part of a Service, or in promotion of the Services. Use of any Materials and any Software is governed by the more stringent of (a) the terms of the end user license agreement ("EULA"), if any, which accompanies the specific Materials and Software, or (b) if there is no EULA, these Terms of Service.
the more stringent of (a) the terms of the end user license agreement ("EULA"), if any, which accompanies the specific Materials and Software, or (b) if there is no EULA, these Terms of Service.
The Materials and Software are made available for download solely for use by you according to (a) the EULA, and (b) the Plan Order. Any reproduction or redistribution of the service not in accordance with the EULA is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
No logo, graphic, sound or image from any BestForCycling Web site may be copied or retransmitted unless expressly permitted by BestForCycling.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE MATERIALS OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION, REDISTRIBUTION OR ANY OTHER PURPOSE IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE EULA ACCOMPANYING SUCH MATERIAL OR SOFTWARE.
END USER LICENSE AGREEMENTS (EULA) - GENERALLY
In connection with our Service, we may provide to you, the use of certain software which is owned by BestForCycling or its third party licensors, and suppliers. We as well as the third party licensors reserve the right to update or change the Software from time to time and you agree to cooperate in performing such steps as may be necessary to install any updates or upgrades to the Software. You may use the Software only as part of, or for use with, the Service in accordance with the Service Plan and for no other purpose.
The Software may be accompanied by a EULA from BestForCycling or a third party. Your use of the Software is governed by the terms of that license agreement and by this Agreement, where applicable. You may not install or use any Software that is accompanied by or includes a EULA unless you first agree to the Terms of Service of the EULA.
EULA FOR BestForCycling SOFTWARE
With regard to any Software made available to you by BestForCycling through the BestForCycling Portal for which your acceptance of a separate license agreement is not required ("BestForCycling Software"), you are hereby granted a revocable, non-exclusive, non-transferable license by BestForCycling to use the BestForCycling Software (and any corrections, updates and upgrades). In accordance with and as required under the Service Plan you shall not make any copies of the BestForCycling Software. You agree that the BestForCycling Software is the confidential and proprietary information of BestForCycling or its third party licensors, providers or suppliers, and which you shall not disclose to others or use except as expressly permitted herein. You may not de-compile, reverse technician, disassemble, attempt to discover any source code or underlying ideas or algorithms of the BestForCycling Software, or otherwise reduce the BestForCycling Software to a human readable form, modify, rent, lease, loan, use for timesharing or service bureau purposes, reproduce, sublicense or distribute copies of the Software, or otherwise transfer the BestForCycling Software to any third party. You may not remove or alter any trademark, trade name, copyright or other proprietary notices, legends, symbols, or labels appearing on or in copies of the Software. You are not granted any title or rights of ownership in the BestForCycling Software. You acknowledge that this license is not a sale of intellectual property and that BestForCycling or its third party licensors, providers or suppliers continue to own all right, title and interest, including but not limited to all copyright, patent, trademark, trade secret, and moral rights, to the BestForCycling Software and related documentation, as well as any corrections, updates and upgrades.
THIRD PARTY SOFTWARE
As part of the Services, BestForCycling may suggest that you acquire, install and use certain third party software ("Third Party Software"). Third Party Software is licensed to you by the respective owners or licensees of the Third Party Software. You must agree to the Terms of Service set forth by such owners or licensees before installing Third Party Software, whether BestForCycling assists you in the acquisition, installation, and/or use of Third Party Software. BestForCycling has no rights to the Third Party Software and does not license Third Party Software to you or make any representation or warranty regarding the Third Party Software.?
Your license to the BestForCycling Software shall remain in full force and effect unless and until terminated by BestForCycling, its third party licensors, providers or suppliers, or until your Service Plan is terminated as provided by your Plan Order and these Terms of Service. Upon termination of your Service Plan for any reason, you must cease all use of the Service Plan and the BestForCycling Software and immediately delete the BestForCycling Software from your computer.
To the extent that we provide technical assistance and support for Third Party Software or equipment, you must ensure that you comply with the Terms of Service under which you licensed such Third Party Software or purchased such equipment. We make no warranty that we are an authorized service provider for Third Party Software or for any equipment; it is your sole responsibility to determine if you require additional rights for us to provide such support and if so, to acquire such rights. You acknowledge that support of Third Party Software or equipment by an unauthorized service provider may void any warranty made by the supplier of such Third Party Software or equipment.
THIRD PARTY AGREEMENTS
As part of the Services, BestForCycling may suggest certain third party services to you. If you choose to subscribe to or otherwise use any third party services, your use of any such services is subject to the terms of service of such third party service provider. You agree to comply with such provider's terms of service and that the third party provider is solely responsible for delivery of its service(s) to you and your use of them. Third party services include, but are not limited to technical support, portal, training, music, gaming and storage services that BestForCycling may elect to make available from time to time. Violation of such third party provider's terms of service may, in BestForCycling's sole discretion, result in the termination of your customer account and use of service.
LIMITED SERVICE WARRANTY
Except for the limited warranty provided herein and to the maximum extent permitted by applicable law, or as expressly set out in these terms:
(a) BestForCycling makes no warranties in relation to the BestForCycling software/tools, and the provision of or failure to provide support services; also, there is no warranty or condition of title, quiet enjoyment, quiet possession, correspondence to description or non-infringement with regard to the Tee Support Client (other than that BestForCycling is entitled to grant to you the rights set out in this EULA);
(b) you will not under any circumstances have any cause of action against, or right to claim or recover from, BestForCycling for or in respect of any loss, damage or injury (including without limitation any loss of profit, indirect or consequential loss, damage or injury) arising from the supply or use of the Tee Support software/tools and support services or any breach of these terms.
(c) subject to paragraph (b) above, the maximum liability of BestForCycling to you in respect of any breach of THE "AGREEMENT" or otherwise in respect of your use of the BestForCycling software/tools and BestForCycling services will be the amount you have paid BestForCycling for the subscription service and if you have not paid BestForCycling any amount for the subscription service, there will be no warranties or any kind from BestForCycling.
BestForCycling AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE SERVICES, MATERIALS OR THE SOFTWARE FOR ANY PURPOSE WHATSOEVER. ALL MATERIALS AND SOFTWARE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND WHATSOEVER. BestForCycling AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
THE MATERIALS COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BestForCycling AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MATERIALS AND/OR THE SOFTWARE DESCRIBED HEREIN AT ANY TIME.
IN NO EVENT SHALL BestForCycling AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SERVICES, MATERIALS OR SOFTWARE, FAILURE TO PROVIDE THE SAME, OR INFORMATION AVAILABLE IN THE MATERIALS.
LIMITATION OF LIABILITY
Notwithstanding anything to the contrary in no event shall BestForCycling be liable to you in excess of the amounts actually paid by you to BestForCycling under the Plan Order that is the subject of the dispute.
LIMITATIONS ON ACTIONS
Any cause of action by you must be commenced within one (1) year after the cause of action arose or it shall be forever waived and barred.
TERM AND TERMINATION
BestForCycling at its sole discretion may terminate or suspend your Service immediately without notice if, in the sole discretion of BestForCycling: (a) you are in breach of any of the Terms of Service (including but not limited to all policies regarding abuse and acceptable use of the Service) or any license for Third Party Software; (b) your use of the Service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, BestForCycling's network, or the use and enjoyment of BestForCycling's other users; (c) BestForCycling receives an order from a court to terminate the Service you are availing ; (d) if BestForCycling for any reason ceases to offer the Service; (e) if you are no longer a BestForCycling customer, or (f) BestForCycling determines that you are abusing the Service. BestForCycling, in its sole discretion, may refuse to accept your request for the Service, renewal or re-subscription following a termination or suspension of your use of the Service.
SEVERABILITY; WAIVER
If any provision of the Terms of Service be held invalid or unenforceable, that portion shall be enforced to the maximum extent possible, and all other provisions contained in the Terms of Service shall remain in full force and effect. BestForCycling's failure to enforce any provision of the Terms of Service shall not be deemed a waiver of such provision nor of the right to enforce such provision.
NO OFFER
The BestForCycling Portal is available internationally and may contain references to BestForCycling products, services, and programs that are not available in a viewer's country. These references do not imply that BestForCycling intends to make such products, services, or programs available in such country.
MODIFICATION
BestForCycling reserves the right to amend the Terms and Condition, and the BestForCycling Portal at any time by (a) posting a revised version of the Terms of Service on the BestForCycling Portal, or by (b) sending information regarding any amendment to the Terms of Service to the email address you provide to BestForCycling in connection with registration. You are responsible for regularly reviewing the BestForCycling website to be notified of any amendments to the Terms of Service. Your use of the BestForCycling Portal, or the Services after an amendment to the Terms of Service shall be deemed acceptance by you of the amended Terms of Service.
LEGAL
This Agreement and the rights and obligations of the parties under this Agreement and any disputes arising out of or in connection with this Agreement shall be governed in all respects by the laws of the United States of America without regard to conflicts of laws principles that would require the application of the laws of any other jurisdiction.
If you have any questions about the privacy policy at our Web site, please e-mail your inquiries to sfang886@gmail.com
COLLECT PERSONAL INFORMATION
BestForCycling collects your Personal Information only where it is required in order to provide you the best services and products available. By maintaining an accurate customer database, we are able to send notifications via e-mail to keep you informed about the status of your orders or accounts and to provide updates and technical notices. These messages are essential to the maintenance of your subscription and the functionality of our products and services. BestForCycling does not intentionally collective “sensitive personal information,” which induces, for example, Personal Information specifying medical or health conditions, racial or ethnic origin, or trade union membership.
BestForCycling collects your Personal Information at a variety of points, including when you visit the Web Site, subscribe a service letter, place an order, (which may require you to provide Personal Information, including a credit card number, to our payment provider PayPal), request services or take part in other activities on our Web Site. When you register or subscribe our service letter, you will be provided with an option to opt-out of receiving promotional information on our products and services. Please be aware that if you prefer not to provide us with your Personal Information, because such information may be necessary for us to provide certain services, we may not be able to, or may choose not to, make such services available to you.
SHARE PERSONAL INFORMATION
BestForCycling is committed to protecting your privacy. BestForCycling will not, under any circumstances, rent or sell your Personal Information, nor does BestForCycling trade or exchange mailing lists with any other organization. BestForCycling may disclose your Personal Information, or other information that we receive in the course of our interactions with you, when we believe that disclosure is (a) required by law, (b) necessary to protect the rights, property or safety of BestForCycling or its employees, its customers, or others, and/or (c) is necessary to comply with a lawful request, court order, or legal process served on BestForCycling. If you choose to contact BestForCycling via online chat, there will be no information stored by BestForCycling. However, you may be asked to provide an email address and a valid username to get properly supported.
COOKIES
BestForCycling uses "cookies" to collect non-Personal Information that enables us to better understand and improve the usability, performance and effectiveness of BestForCycling's Web Site, and for reporting purposes to track sales. BestForCycling also uses a third-party affiliate platform CJ.com (http://www.cj.com/privacy_web_user.html）to track affiliate sales. The information that CJ.com collects and provides to BestForCycling is not personally identifiable and contains no Personal Information. Cookies are unique text files sent to your browser and stored on your computer. We do not store any Personal Information with these cookies. If you do not want BestForCycling to attach cookies to your browser, you can set your browser options to reject cookies or notify you when the Web Site tries to put a cookie in your browser software.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the Services, Materials and Software are for your personal and non-commercial use in addressing matters covered by your Service Plan. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services, Materials, or Software. Any Services, Materials, and Software are available only in connection with Services under a valid Service Plan.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the BestForCycling Portal or any Services, you will not use the Materials, Software or Services for any purpose that is unlawful or prohibited by these Terms of Service. You may not use the Services, Materials, or Software in any manner that could damage, disable, overburden, or impair any BestForCycling server, or the network(s) connected to any BestForCycling server, or interfere with any other party's use and enjoyment of any of the BestForCycling Portal, the Materials, Software or Services. You may not attempt to gain unauthorized access to any BestForCycling Portal, the Materials, Software or Services, other accounts, computer systems or networks connected to any BestForCycling server or to any of the BestForCycling Portal, the Materials, Software or Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any BestForCycling Portal, the Materials, Software or Services or information through any means other than that specifically permitted to you under a Plan Order.
FAIR USAGE POLICY; SUSPENSION OR TERMINATION OF SUBSCRIPTION: Though BestForCycling has no limits on the amount of online support requests a Subscription based plan user may make during the subscription period, however, each Subscriber's use of the support services for the subscription based plans are subject to BestForCycling's "fair use" policy. Under this policy, if at any time, in BestForCycling's sole discretion, a subscription based plan user is found to be abusing the service by exceeding the level of use reasonably expected from someone using a Subscription based Plan for individual use, then BestForCycling reserves the right to suspend or terminate Subscriber's Subscription Services. In addition, BestForCycling reserves the right to suspend or terminate any Subscription Services of any Subscriber that BestForCycling, in its sole discretion, determines are being used (a) fraudulently, (b) by any person other than Subscriber, or (c) for any computer system other than a Registered System. User may terminate the Service at any time by giving written or electronic notice to BestForCycling; provided, however, that User will not be entitled to a refund of any fees prepaid by User for the Service.
LINKING
You may not create hyperlinks to any portion of the BestForCycling Portal, nor any Materials or Software posted therein.
INDEMNITY
You agree to indemnify, defend, and hold BestForCycling, its subsidiaries, affiliates, officers, directors, employees, agents, licensors, consultants, suppliers, and any third-party Web site providers harmless from and against all claims, demands, actions, liabilities, losses, expenses, damages, and costs, including actual attorneys' fees, resulting from your violation of these Terms of Service, misuse or abuse of a Service, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. You will cooperate as fully as reasonably required in BestForCycling's defense of any claim. BestForCycling reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of BestForCycling. You agree immediately to notify BestForCycling of any unauthorized use of your account or any other breach of security known to you.
LIMITED LICENSES TO USE THE BestForCycling PORTAL, MATERIALS AND SOFTWARE
As permitted through a Service, you may use Materials and Software published on the BestForCycling Portal, or made available in connection with a Plan Order which may be available for additional purposes and or subject to additional restrictions.
GENERAL LICENSE RESTRICTIONS
Any other use of the BestForCycling Portal, Services, Materials or Software, other than as explicitly permitted by BestForCycling is prohibited. Rights to execute, copy, modify, display, transmit, distribute, manufacture, use, sale are all reserved to BestForCycling and its suppliers. Reverse engineering and decompilation of the Software is strictly prohibited.
USER RESPONSIBILITY
In connection with obtaining Services, you agree that you will:
Cooperate with the BestForCycling Technician: We will use commercially reasonable efforts to provide the support to you. Our experience shows that most issues can be corrected as a result of close cooperation between you and the technician. Please listen carefully to the technician and follow the technician's instructions. You must confirm that the following conditions are true:
The situation giving rise to the question is, reproducible on a single system, i.e., one central processing unit with its workstations and other peripherals;
You must have knowledge regarding the hardware system, any software involved, and in the facts and circumstances surrounding the incident;
The full system, including software and hardware, is available to you and accessible by you without limit during any telephone discussions with BestForCycling support personnel.
Software/Data Backup: You understand and agree that BestForCycling shall under no circumstance be responsible for any lost or corrupted software or data. BestForCycling strongly recommends that you at all times maintain a complete data backup and disaster recovery plan.
Account, Password, and Security: For you to submit a Plan Order, you must complete the Registration Process by providing us with current, complete and accurate information as prompted by and required under the applicable Registration Form. You also will choose a password and a user name. You are solely and entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account. You agree to notify BestForCycling immediately of any unauthorized use of your account or any other breach of security. BestForCycling will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by BestForCycling or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
AVAILABILITY OF SERVICES AND MATERIALS UNDER FORCE MAJUERE CIRCUMSTANCES
You hereby acknowledge that circumstances outside of BestForCycling's reasonable control (e.g., acts of God, a large scale outbreak of a new computer virus, strikes, riots, wars, other military action, civil disorder, acts of terrorism, fires, floods, vandalism, sabotage, acts of third parties, or the like) may cause significant delays in BestForCycling's ability to schedule a support session. You hereby release BestForCycling from any and all liability, and agree that BestForCycling shall not be liable to you or any third party for any direct or indirect damages whatsoever, resulting from such delays.
BestForCycling or its suppliers may, at any time, without notice or liability, restrict the use of the Service or limit its time of availability in order to perform maintenance activities and to maintain session control.
EXCLUSIONS FROM "SERVICES"
"Services" shall not include the following:
Any item or activity not covered by the terms of a Plan Order;
Service beyond the duration limitations identified in your Plan Order;
Problem diagnosis and support that may not be completed because of a problem with your computer or other equipment, or their configuration that is beyond our control;
Software, including the operating system and software added to the registered hardware products which are out of scope for the Service Plan;
Problems that may and do result from:
External causes such as accident, abuse, misuse, or problems with electrical power;
Usage that is not in accordance with product instructions provided by manufacture;
Failure to follow the product instructions provided by manufacture or failure to perform preventive maintenance; or
Problems caused by using accessories, parts, or components not compatible with the product.
Non Compliance with the BestForCycling technician instructions for resolving the query.
NOTICE SPECIFIC TO MATERIALS AND SOFTWARE AVAILABLE ON THE BestForCycling PORTAL, OR THROUGH A SERVICE
For your convenience, BestForCycling may make available Materials or Software (as each term is defined above) for use and/or download, whether as a part of a Service, or in promotion of the Services. Use of any Materials and any Software is governed by the more stringent of (a) the terms of the end user license agreement ("EULA"), if any, which accompanies the specific Materials and Software, or (b) if there is no EULA, these Terms of Service.
the more stringent of (a) the terms of the end user license agreement ("EULA"), if any, which accompanies the specific Materials and Software, or (b) if there is no EULA, these Terms of Service.
The Materials and Software are made available for download solely for use by you according to (a) the EULA, and (b) the Plan Order. Any reproduction or redistribution of the service not in accordance with the EULA is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
No logo, graphic, sound or image from any BestForCycling Web site may be copied or retransmitted unless expressly permitted by BestForCycling.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE MATERIALS OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION, REDISTRIBUTION OR ANY OTHER PURPOSE IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE EULA ACCOMPANYING SUCH MATERIAL OR SOFTWARE.
END USER LICENSE AGREEMENTS (EULA) - GENERALLY
In connection with our Service, we may provide to you, the use of certain software which is owned by BestForCycling or its third party licensors, and suppliers. We as well as the third party licensors reserve the right to update or change the Software from time to time and you agree to cooperate in performing such steps as may be necessary to install any updates or upgrades to the Software. You may use the Software only as part of, or for use with, the Service in accordance with the Service Plan and for no other purpose.
The Software may be accompanied by a EULA from BestForCycling or a third party. Your use of the Software is governed by the terms of that license agreement and by this Agreement, where applicable. You may not install or use any Software that is accompanied by or includes a EULA unless you first agree to the Terms of Service of the EULA.
EULA FOR BestForCycling SOFTWARE
With regard to any Software made available to you by BestForCycling through the BestForCycling Portal for which your acceptance of a separate license agreement is not required ("BestForCycling Software"), you are hereby granted a revocable, non-exclusive, non-transferable license by BestForCycling to use the BestForCycling Software (and any corrections, updates and upgrades). In accordance with and as required under the Service Plan you shall not make any copies of the BestForCycling Software. You agree that the BestForCycling Software is the confidential and proprietary information of BestForCycling or its third party licensors, providers or suppliers, and which you shall not disclose to others or use except as expressly permitted herein. You may not de-compile, reverse technician, disassemble, attempt to discover any source code or underlying ideas or algorithms of the BestForCycling Software, or otherwise reduce the BestForCycling Software to a human readable form, modify, rent, lease, loan, use for timesharing or service bureau purposes, reproduce, sublicense or distribute copies of the Software, or otherwise transfer the BestForCycling Software to any third party. You may not remove or alter any trademark, trade name, copyright or other proprietary notices, legends, symbols, or labels appearing on or in copies of the Software. You are not granted any title or rights of ownership in the BestForCycling Software. You acknowledge that this license is not a sale of intellectual property and that BestForCycling or its third party licensors, providers or suppliers continue to own all right, title and interest, including but not limited to all copyright, patent, trademark, trade secret, and moral rights, to the BestForCycling Software and related documentation, as well as any corrections, updates and upgrades.
THIRD PARTY SOFTWARE
As part of the Services, BestForCycling may suggest that you acquire, install and use certain third party software ("Third Party Software"). Third Party Software is licensed to you by the respective owners or licensees of the Third Party Software. You must agree to the Terms of Service set forth by such owners or licensees before installing Third Party Software, whether BestForCycling assists you in the acquisition, installation, and/or use of Third Party Software. BestForCycling has no rights to the Third Party Software and does not license Third Party Software to you or make any representation or warranty regarding the Third Party Software.?
Your license to the BestForCycling Software shall remain in full force and effect unless and until terminated by BestForCycling, its third party licensors, providers or suppliers, or until your Service Plan is terminated as provided by your Plan Order and these Terms of Service. Upon termination of your Service Plan for any reason, you must cease all use of the Service Plan and the BestForCycling Software and immediately delete the BestForCycling Software from your computer.
To the extent that we provide technical assistance and support for Third Party Software or equipment, you must ensure that you comply with the Terms of Service under which you licensed such Third Party Software or purchased such equipment. We make no warranty that we are an authorized service provider for Third Party Software or for any equipment; it is your sole responsibility to determine if you require additional rights for us to provide such support and if so, to acquire such rights. You acknowledge that support of Third Party Software or equipment by an unauthorized service provider may void any warranty made by the supplier of such Third Party Software or equipment.
THIRD PARTY AGREEMENTS
As part of the Services, BestForCycling may suggest certain third party services to you. If you choose to subscribe to or otherwise use any third party services, your use of any such services is subject to the terms of service of such third party service provider. You agree to comply with such provider's terms of service and that the third party provider is solely responsible for delivery of its service(s) to you and your use of them. Third party services include, but are not limited to technical support, portal, training, music, gaming and storage services that BestForCycling may elect to make available from time to time. Violation of such third party provider's terms of service may, in BestForCycling's sole discretion, result in the termination of your customer account and use of service.
LIMITED SERVICE WARRANTY
Except for the limited warranty provided herein and to the maximum extent permitted by applicable law, or as expressly set out in these terms:
(a) BestForCycling makes no warranties in relation to the BestForCycling software/tools, and the provision of or failure to provide support services; also, there is no warranty or condition of title, quiet enjoyment, quiet possession, correspondence to description or non-infringement with regard to the Tee Support Client (other than that BestForCycling is entitled to grant to you the rights set out in this EULA);
(b) you will not under any circumstances have any cause of action against, or right to claim or recover from, BestForCycling for or in respect of any loss, damage or injury (including without limitation any loss of profit, indirect or consequential loss, damage or injury) arising from the supply or use of the Tee Support software/tools and support services or any breach of these terms.
(c) subject to paragraph (b) above, the maximum liability of BestForCycling to you in respect of any breach of THE "AGREEMENT" or otherwise in respect of your use of the BestForCycling software/tools and BestForCycling services will be the amount you have paid BestForCycling for the subscription service and if you have not paid BestForCycling any amount for the subscription service, there will be no warranties or any kind from BestForCycling.
BestForCycling AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE SERVICES, MATERIALS OR THE SOFTWARE FOR ANY PURPOSE WHATSOEVER. ALL MATERIALS AND SOFTWARE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND WHATSOEVER. BestForCycling AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
THE MATERIALS COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BestForCycling AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MATERIALS AND/OR THE SOFTWARE DESCRIBED HEREIN AT ANY TIME.
IN NO EVENT SHALL BestForCycling AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SERVICES, MATERIALS OR SOFTWARE, FAILURE TO PROVIDE THE SAME, OR INFORMATION AVAILABLE IN THE MATERIALS.
LIMITATION OF LIABILITY
Notwithstanding anything to the contrary in no event shall BestForCycling be liable to you in excess of the amounts actually paid by you to BestForCycling under the Plan Order that is the subject of the dispute.
LIMITATIONS ON ACTIONS
Any cause of action by you must be commenced within one (1) year after the cause of action arose or it shall be forever waived and barred.
TERM AND TERMINATION
BestForCycling at its sole discretion may terminate or suspend your Service immediately without notice if, in the sole discretion of BestForCycling: (a) you are in breach of any of the Terms of Service (including but not limited to all policies regarding abuse and acceptable use of the Service) or any license for Third Party Software; (b) your use of the Service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, BestForCycling's network, or the use and enjoyment of BestForCycling's other users; (c) BestForCycling receives an order from a court to terminate the Service you are availing ; (d) if BestForCycling for any reason ceases to offer the Service; (e) if you are no longer a BestForCycling customer, or (f) BestForCycling determines that you are abusing the Service. BestForCycling, in its sole discretion, may refuse to accept your request for the Service, renewal or re-subscription following a termination or suspension of your use of the Service.
SEVERABILITY; WAIVER
If any provision of the Terms of Service be held invalid or unenforceable, that portion shall be enforced to the maximum extent possible, and all other provisions contained in the Terms of Service shall remain in full force and effect. BestForCycling's failure to enforce any provision of the Terms of Service shall not be deemed a waiver of such provision nor of the right to enforce such provision.
NO OFFER
The BestForCycling Portal is available internationally and may contain references to BestForCycling products, services, and programs that are not available in a viewer's country. These references do not imply that BestForCycling intends to make such products, services, or programs available in such country.
MODIFICATION
BestForCycling reserves the right to amend the Terms and Condition, and the BestForCycling Portal at any time by (a) posting a revised version of the Terms of Service on the BestForCycling Portal, or by (b) sending information regarding any amendment to the Terms of Service to the email address you provide to BestForCycling in connection with registration. You are responsible for regularly reviewing the BestForCycling website to be notified of any amendments to the Terms of Service. Your use of the BestForCycling Portal, or the Services after an amendment to the Terms of Service shall be deemed acceptance by you of the amended Terms of Service.
LEGAL
This Agreement and the rights and obligations of the parties under this Agreement and any disputes arising out of or in connection with this Agreement shall be governed in all respects by the laws of the United States of America without regard to conflicts of laws principles that would require the application of the laws of any other jurisdiction.
If you have any questions about the privacy policy at our Web site, please e-mail your inquiries to sfang886@gmail.com