3. Donations. By making a donation through the Site, you hereby authorize LSI to accept and process all online donations through the Site in the manner described herein. All donations will be processed through an independent credit card processor which shall identify CycleSF on all credit card statements and receipts. LSI will remit all donation funds to the designated charity less the LSI Fees, as defined below, within ninety (90) days of the date of the transaction. The designated charity will send a receipt to all donors. By making a donation, you agree not to use an invalid or unauthorized credit card, and that all donation amounts will be charged to the credit card. All donations are final and nonrefundable.
4. LSI Fees. For all donations processed through the Site, a fee is deducted from the total amount (“LSI Fee.”) The LSI Fee is a 7.5% charge plus $1 on each donation, and includes all credit card processing fees.
5. Race Registration Entry Fees. All race registration entry fees shall be subject to an additional 7.5% plus $1 charge.
6. Registered Users. You have the option of becoming a registered user of the Site. Becoming a registered user requires the creation of a user account, including the selection of a user name and password, and the submittal of personal information that can be used to identify you, including, but not limited to, your name, email address, phone number, and address (“User Account Information.”) User Account Information may also include your credit card number and/or credit card security number, account information, and demographic information such as your gender, date of birth, country of origin, income, and wheelchair participant status. All User Account Information must be current, complete and accurate and kept up to date on a prompt, timely basis. You shall be solely responsible for keeping your user name and password confidential, and you shall be solely responsible for all activities (by you or others) that occur under your user account and password. You shall notify LSI immediately if you become aware of any unauthorized use of your account or any other breach of security. LSI assumes no liability for any claims, loss or damage resulting from any unauthorized use of your user account or password.
8. Site Availability and Site Content. The Site, all related content and information, and all services provided thereunder, is provided “as is” with all faults. LSI reserves the rights to modify, alter, or discontinue the Site, all related content, and services provided thereunder at any time without notice. Your use of the Site is at your own risk and shall not be liable to you or any third party for any such actions.
9. Eligibility to Use Site and Limitations on Use. The Site, and all services provided thereunder, are available only to, and may only be utilized by persons who can form legally binding contracts under applicable law, and are not available to children (persons under the age of 18), or the mentally incompetent. LSI does not knowingly collect personally identifiable information from users under the age of 18. Children under the age of 18 should not send any information about themselves to LSI.
10. User Content. As a user or visitor of the Site, you may have the opportunity to voluntarily upload, post, or otherwise provide information (both personal or computer) including, but not limited to, photos, videos, opinions, statements, advice, comments, data, profile biography, or other information, including your User Account Information (collectively referred to as “User Content.”) You are solely responsible for any User Content that you provide to LSI in connection with the use of the Site. LSI does not endorse your User Content and expressly disclaims any and all liability in connection therewith. LSI reserves the right, but is not obligated, to (1) monitor or review your use of the Site at any time; (2) remove User Content from the Site for any reason, including User Content that we believe violates these Terms; or (3) disclose any information we believe necessary to satisfy any law, regulation, or governmental request.
LSI is a provider of an interactive computer service as defined in the Communications Decency Act, 47 U.S.C. Section 230 and expressly reserves its rights to not be treated as the publisher or speaker of any information provided by another information content provider on the Site.
11. Acceptable and Lawful Use of Site. By using or accessing the Site, you agree to be bound by these Terms and shall comply with all applicable state, federal, domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any and all related services. Without limiting the foregoing, you represent and warrant that your User Content and your activities on the Site shall not:
i. Violate any state, federal, domestic and international laws, statutes, ordinances or regulations (including, but not limited to, those governing elections, political advertising, campaign contributions, export control, consumer protection, unfair competition, antidiscrimination or false advertising);
ii. Be false, fraudulent, inaccurate, deceptive or misleading;
iii. Create a risk of harm, loss or damage to any person, animal, or property;
iv. Infringe upon any third party’s Intellectual Property Rights, privacy rights, publicity rights, or other proprietary or personal rights;
v. In LSI’s sole determination, be hateful, violent, abusive, profane, defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
vi. Be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors; or
vii. Impersonate another person or entity.
You further agree that you shall not:
i. Decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site, not to insert any code or product or manipulate the Content of the Site in any way that affects the user’s experience, and not to use any data mining, data gathering or extraction method;
ii. Intentionally interfere with the servers or networks connected to the Site or to violate any of the procedures, policies or regulations of networks connected to the Site;
iii. Distribute or post spam, chain letters, advertisements, promotional materials, or solicitations of business;
iv. Utilize framing techniques to enclose any logo, trademark, service mark, or other mark, without the express advanced written consent of the owner.
13. Disclaimers of Warranties and Limitations of Liability. THE SITE, ITS CONTENT, AND ANY SERVICES PROVIDED THEREUNDER, INCLUDING ALL FEATURES AND FUNCTIONALITIES ASSOCIATED THEREWITH, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND. YOU HEREBY ACKNOWLEDGE THAT YOU ARE USING THE SITE, SITE CONTENT, AND ANY AND ALL SERVICES PROVIDED THEREUNDER AT YOUR OWN RISK. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, LSI, ITS AFFILIATES AND SUBSIDIARIES, IF ANY, AND ANY THIRD PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS AND IMPLIED WITH RESPECT TO THE SITE, ITS CONTENT, INCLUDING ANY AND ALL USER CONTENT, AND ANY SERVICES PROVIDED THEREUNDER, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, ACCURACY, COMPLETENESS, OR RELIABILITY, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LSI OR AN AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR OTHERWISE CONSTITUTE A REPRESENTATION BINDING UPON LSI OR ITS AFFILIATED PARTIES.
LSI, ITS AFFILIATES AND SUBSIDIARIES, IF ANY, AND ANY THIRD PARTY SERVICE PROVIDERS, DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT ACCESS TO THE SITE, ITS CONTENT, OR ANY PROVIDED SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THERE WILL BE NO FAILURES, LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING OR OTHER OR SECURITY BREACH OR INTRUSION AND WE DISCLAIM ANY LIABILITY WITH RESPECT THERETO. LSI SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS AS DEFINED IN THE APPLICATIONS SECTION ABOVE.
LSI, ITS AFFILIATES AND SUBSIDIARIES, IF ANY, AND ANY THIRD PARTY SERVICE PROVIDERS AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (JOINTLY OR SEVERALLY) SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION TO THESE TERMS, THE PROVISION OF SERVICES THEREUNDER, USE OF AND ACCESS TO THE SITE, ITS CONTENT, INCLUDING ANY AND ALL USER CONTENT, AND ANY SERVICES PROVIDED THEREUNDER, INCLUDING DAMAGES FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE, OR THROUGH THIRD PARTY PROVIDERS OR SITES LINKED TO THE SITE, AND ON ANY THEORY OF LIABILITY OR CAUSE OF ACTION INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, FAILURE OR PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, EVEN IF THERE IS NEGLIGENCE BY LSI AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE, ITS CONTENT, USER CONTENT, OR SERVICES, FEATURES OR FUNCTIONALITIES ASSOCIATED THEREWITH. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE SHALL BE TO STOP USING THE SITE.
SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
YOU HEREBY RELEASE LSI, ITS AFFILIATES AND SUBSIDIARIES, IF ANY, AND ANY THIRD PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS FROM ANY AND ALL CLAIMS, ACTIONS, DEMANDS AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE, ITS CONTENT, USER CONTENT, SERVICES, FEATURES, OR FUNCTIONALITIES ASSOCIATED THEREWITH.
14. Indemnification. You agree, at your sole expense, to indemnify, defend and hold harmless LSI, its affiliates and subsidiaries, if any, and third party service providers, and each of their respective officers, directors, employees, or agents harmless from and against any and all third-party claims, actions, demands, costs, liabilities, and damages of any kind, including reasonable attorneys’ fees, arising out of or in connection to your violation or breach of these Terms, misuse or abuse of the Site, or your violation of any applicable law, regulation or the rights of a third party including misrepresentation and fraudulent conduct. Your indemnity obligation under this paragraph includes, without limitation, the obligation to reimburse reasonable attorneys’ fees and expenses incurred in connection with any governmental action or investigation relating to your use of the Site. YOU SHALL NOT IN ANY EVENT SETTLE ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU WITHOUT LSI’S ADVANCED WRITTEN CONSENT, AND LSI RESERVES THE RIGHT, IN ITS SOLE DETERMINATION AND AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY SUCH MATTER.
15. Financial Transactions. You agree to be bound by all federal, state and municipal rules related to the processing of financial transactions for the purposes of which the Site is provided to you as applicable for the State of California.
16. Disclaimer Regarding Tax-Deductible Donations. Please consult your tax advisor to determine what portion, if any, of your donation may be tax deductible. LSI makes no representations and does not warrant that all or any portion of your donations, including LSI Fees, are tax deductible.
17. No Agency; Exception. You and LSI are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this these Terms; provided, however, LSI will be acting solely on your behalf as your agent to the extent LSI receives and holds funds obtained as donations.
18. Electronic Communications. By using our Site, or sending LSI emails, you consent to receiving electronic communications from LSI. You agree that all agreements, notices, disclosures, or other communications that LSI provides to you electronically shall satisfy any legal communication requirements, including that such communications be in writing. Electronic communications may be via email or by posting notices on the Site.
19. Digital Millennium Copyright Act (“DMCA”)/Copyright Infringement. LSI respects the intellectual property rights of others and requires all users of the Site to do the same. LSI reserves the right to take all appropriate measures to prevent infringing activities on the Site, including but not limited to removing or disabling access to items and/or terminating access to the Site. In the event users of the Site repeatedly infringe upon others’ copyrights, LSI may in its sole discretion terminate those users’ rights to use the Site.
In accordance with the Digital Millennium Copyright Act of 1998, LSI will respond expeditiously to all claims of alleged copyright infringement. If you are a copyright owner and believe copyright infringement has taken place on or through the Site, please provide written notice to LSI’s copyright agent. The notice of alleged copyright infringement must include the following information:
1. The physical or electronic signature the copyright owner, or the person authorized to act on behalf of the copyright owner of the exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if there are multiple copyrighted works covered by a single notification, a representative list of all such works at the Site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit LSI to locate the material;
4. Identifying Information including your address, telephone number, and email address at which you may be contacted;
5. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by you, the copyright owner, or its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner of the material allegedly infringed, or are authorized to act on behalf of the copyright owner’s behalf.
The notice shall be submitted to LSI’s copyright agent at the following address:
Tara Gould, [email protected]
1819 Polk St. #343, San Francisco, California 94109.
Phone: 415-543-4377, Facsimile: 415-276-2398
The user who has supplied the allegedly infringing item may then submit a counter-notice to the LSI designated copyright agent. The counter-notice must include the following information:
1. A physical or electronic signature of the user;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
4. The user’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the user’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the user will accept service of process from the original complaining user. If a counter-notice is received by the LSI designated copyright agent, a copy of the counter-notice shall be provided to the original complaining user and shall inform that person that LSI will replace the removed material or cease disabling access to it in not less than 10 business days. LSI will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter-notice, unless its designated copyright agent receives notice from the original complaining user that they have filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on the Site.
20. Use of LSI Trademarks. The Site, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of LSI. The trademarks, logos, service marks and trade dress of LSI may not be used or reproduced without prior written approval from LSI and may not be used in connection with any product or service that is not affiliated with LSI, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of LSI, or in any manner that disparages or discredits LSI. All trademarks, logos and service marks that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by LSI, and/or are protected by United States and international copyright laws or other intellectual property laws and treaties. Any images of persons or personalities contained on the Site are not an indication or endorsement of LSI or any particular product or our service unless otherwise indicated.
21. Site Ownership. The Site is expressly owned and operated by LSI. All content included on the Site including, but not limited to, information, materials, artwork, text, database, graphics, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, software and the like (“Content”), is the property of LSI, or its affiliates, if any, or is licensed by LSI from third-party providers. The Site, including the Content, is protected by U.S. and international intellectual property and proprietary rights, and all other applicable rights are reserved. Content shall not be reproduced or used without express written permission from LSI, or its affiliates.
22. Suspension or Termination of Use of Site. In additional to other legal remedies, LSI reserves the right, in its sole discretion, to suspend or terminate your access to the Site based upon your violation of these Terms, with or without notice. LSI further reserves the right, in its sole discretion, to suspend or terminate any user’s access to or use of the Site for any reason, with or without notice.
24. Jurisdiction and Venue. These Terms shall be governed and construed in accordance with the laws of the State of California, United States of America. You and LSI agree that any and all actions related to the Site, and/or based on or alleging a breach of these Terms shall be brought in a state or federal court located in California. Both parties hereby expressly and irrevocably consent to exclusive personal jurisdiction and venue of such courts.
25. Miscellaneous Provisions.
• In the event that one or more provisions of these Terms shall, for any reason, be invalid illegal or unenforceable, such provision shall be struck and the validity, legality and enforceability of the remaining provisions shall not be affected and shall remain in full force and effect.
• LSI may, at any time, without notice to you, assign our rights or delegate our obligations herein.
• You agree that these Terms, and all incorporated policies, set forth the entire understanding and agreement between us with respect to the Site, and services provided thereunder, and no third party beneficiary rights are thereby conferred.
• Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such provision.
• Our failure to act with respect to a breach by you or others does not constitute a waiver of our right to act.