A) Disclaimer – You expressly understand and agree that:
Your use of the service is at your sole risk. The service is provided on an “AS IS” and “AS AVAILABLE” basis. The Bicycle Alliance of Minnesota expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. This is a contract with legal consequences.
The Bicycle Alliance of Minnesota makes no warranty that (i) the Service will meet your requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, (v) that your email or voicemail messages will not be lost, and (vi) any errors in the software will be corrected.
Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk, and you will be solely responsible for any potential damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from the Bicycle Alliance of Minnesota, our third party service providers, or through or from the Service will create any warranty not expressly stated in the terms.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
To the extent that any part of this section is not consistent with any other part of these terms, then this Disclaimer of Warranties will override it.
B) No Endorsement of Member Content.
You acknowledge and agree that the Bicycle Alliance of Minnesota does not endorse the content of any member and is not responsible or liable for any content, even though it could be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or that it infringes or may infringe the intellectual property or other rights of another. You acknowledge that the Bicycle Alliance of Minnesota does not pre-screen all content, but that the Bicycle Alliance of Minnesota and their designees will have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any content that is publicly available via the service.
C) Limitation of Liability.
You agree that the Bicycle Alliance of Minnesota will not be liable for any harms, which lawyers and courts often call direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Bicycle Alliance of Minnesota have been advised of the possibility of such damages), resulting from: (i) The use or the inability to use the service; (ii) The cost of getting substitute goods and services resulting from any products, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) Unauthorized access to or alteration of your transmissions or data; (iv) Statements or conduct of anyone on the service; or (v) Any other matter relating to the service.
D) Indemnification.
You agree to protect and fully compensate the Bicycle Alliance of Minnesota and their service providers from any and all third-party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys fees) arising from your use of the services, your violation of the terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.
E) Notification.
The Terms and Conditions are subject to change at anytime without notice.
F) Advertsing.
All advertising on this site must be done through the means provided and approved. Any advertsiing links to outside sources not approved by the Bicycle Alliance of Minnesota and any of it’s subordinates is strictly prohibited.
G) Bicycling Events and Activities with the Bicycle Alliance of Minnesota
I know that bicycling is a sport carrying significant risk of personal injury. I know that there are natural and man-made obstacles or hazards, surface and environmental conditions and risks which, in combination with my actions, can cause me severe or fatal injury. I agree that as a participant in the Bicycle Alliance of Minnesota (BikeMN.org), I must take an active role in understanding and accepting these risks, conditions and hazards. I also agree that I, and not the Bicycle Alliance of Minnesota or the Saint Paul Classic Bike Tour and/or its members, staff, volunteers, and sponsors, am responsible for my safety while I participate in or train for any event, meeting, or activity associated with BikeMN.
Knowing these facts, and in consideration of acceptance of my participation in bicycling or any event associated with BikeMN, on behalf of myself, my family members, heirs and devisees, my executor, administrators, or anyone else who might claim on my behalf, I hereby release the Saint Paul Classic Bike Tour and the Bicycle Alliance of Minnesota, their sponsors, organizers, associated entities, and all of their employees, directors, officers, and any or all persons connected with BikeMN or the Saint Paul Classic Bike Tour from all liability for injury or damage. This release and Waiver extends to all claims of every kind or nature whatsoever, foreseen or unforeseen, known or unknown.
I give my permission to the Bicycle Alliance of Minnesota and the Saint Paul Classic Bike Tour to use my name, photographs, videotapes, recordings, evaluations or any other record of my participation in the tour for any purpose through prosperity without obligation or liability to me.
I AGREE TO WEAR A HELMET DURING ANY BICYCLING EVENTS associated with BikeMN.
This statement of risk and waiver shall be valid for and apply to all activities and events connected with the BikeMN during my participation in BikeMN.
H) LIABILITY WAIVER (the “Waiver and Agreement”) AND REGISTRATION AGREEMENT:
1. Authority to Register and/or to Act as Agent. You represent and warrant to BikeMN that you have full legal authority to complete this event registration on behalf of yourself and/or any party you are registering (the “Registered Parties”), including full authority to make use of the credit or debit card to which registration fees will be charged. As used in this Agreement and Waiver, BikeMN and any and all subsidiaries, affiliated entities, or entities that control or are controlled by BikeMN singly or together and its officers, employees, contractors, subcontractors and agents.
If you are registering a child under the age of 18 or an incapacitated adult you represent and warrant that you are the parent or legal guardian of that party and have the legal authority to enter into this agreement on their behalf of said minor tor a membership in BikeMN, that you accept and you agree that the terms of this Waiver and Agreement shall apply equally to all parties. By registering a child under 13, you agree and consent to the collection of that child’s information, which you provide for the purposes of registration.
2. Waiver.
YOU UNDERSTAND THAT PARTICIPATION IN BIKEMN IS POTENTIALLY HAZARDOUS, AND THAT A REGISTERED MEMBER SHOULD NOT PARTICIPATE UNLESS THEY ARE MEDICALLY ABLE AND PROPERLY TRAINED. YOU UNDERSTAND THAT EVENTS MAY BE HELD OVER PUBLIC ROADS AND FACILITES OPEN TO THE PUBLIC DURING THE EVENT AND UPON WHICH HAZARDS ARE TO BE EXPECTED. PARTICIPATION CARRIES WITH IT CERTAIN INHERENT RISKS THAT CANNOT BE ELIMINATED COMPLETELY RANGING FROM MINOR INJURIES TO CATASTROPHIC INJURIES INCLUDING DEATH. YOU UNDERSTAND AND AGREE THAT IN CONSIDERATION OF BEING PERMITTED TO PARTICIPATE IN THE EVENT, YOU AND ANY REGISTERED PARTY, THE HEIRS, PERSONAL REPRESENTATIVES OR ASSIGNS OF YOU OR THE REGISTERED PARTY DO HEREBY RELEASE, WAIVE, DISCHARGE AND CONVENANT NOT TO SUE BikeMN FOR ANY AND ALL LIABILITY FROM ANY AND ALL CLAIMS ARISING FROM PARTICIPATION IN THE EVENT BY YOU, ANY MEMBER, OR ANY REGISTERED PARTY.
3. Limitation of Liability; Disclaimer of Warranties.
BikeMN SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM (A) THE USE OR THE INABILITY TO USE the BikeMN web-site or any of its associated web-sites OR (B) FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR (C) RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH BikeMN or any associated web-sites OR (D) RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF BikeMN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT USE OF BikeMN and its associated web-sites IS/ARE AT YOUR SOLE RISK. BikeMN IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BikeMN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
BikeMN makes no warranty that the BikeMN’s sites’ services will be uninterrupted, secure or error free. BikeMN does not guarantee the accuracy or completeness of any information in, or provided in connection with, the BikeMN sites. BikeMN is not responsible for any errors or omissions, or for the results obtained from the use of such information. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the BikeMN sites is at your own discretion and risk and that you will be solely responsible for any damage to your own computer system or loss of data that results from the download of such material and/or data.
4. Indemnification. You agree to indemnify and hold each of BikeMN harmless from and against any and all damages, costs, claims or demands, including reasonable attorneys’ fees, made by any third party due to or arising from or relating to your use of BikeMN or the violation of any term of this Waiver and Agreement as well as the Terms of Service located at: http://www.bike mn.org by you.
5. Applicable Law; Consent to Jurisdiction. The BikeMN sites (excluding linked sites) are controlled by BikeMN from its offices within the State of Minnesota, United States of America. By using this site, both you and BikeMN agree that the statutes and laws of the State of Minnesota, without regard to the conflict of laws principles thereof, will apply to all matters relating to this membership and/or event registration, this Waiver and Agreement, the Terms of Use or other use of the BikeMN sites. You agree that exclusive jurisdiction for any dispute with BikeMN resides in the courts of the State of Minnesota and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Minnesota in connection with any dispute including any claim involving BikeMN or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
6. Severability. You further expressly agree that this Waiver and Agreement is intended to be as broad and inclusive as is permitted by the law of the State of Minnesota and that if any provision of this Agreement and Waiver shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Waiver and Agreement and shall not affect the validity and enforceability of any remaining provisions.
BY USE OF BIKEMN WEB SITE, YOU AFFIRM THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND WAIVER AND FULLY UNDERSTAND ITS TERMS. YOU UNDERSTAND THAT YOU ARE GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE. YOU ACKNOWLEDGE THAT YOU ARE ACCEPTING THIS WAIVER AND AGREEMENT FREELY AND VOLUNTARILY, AND INTEND BY YOUR ACCEPTANCE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.