Terms & Conditions
Agreement between you and NorCal Cycling LLC
Welcome to this site. When you visit the norcal-cycling.com website (“this site”) you’re visiting a site comprised of various web pages operated by NorCal Cycling LLC. It is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of this site constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
https://norcal-cycling.com is an educational site. This site, norcal-cycling.com, educates and informs a global community of cyclist.
Privacy
Your use of this site is subject to my Privacy Policy. Please review our Privacy Policy, which also governs this site and informs users of my data collection practices.
Electronic Communications
Visiting this site or sending us emails constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on this site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. We reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at my discretion.
This site does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use my site only with the permission of a parent or guardian.
Cancellation/Refund Policy
You may cancel your subscription at any time. Any cancellations made after 30 days of service will not qualify for a refund. Please contact me via email with any questions.
Links to third party sites/Third-party services
This site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of my site and my site is not responsible for the contents of or your use of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. This site is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by this site of the site or any association with its operators.
No unlawful or prohibited use
You are granted a non-exclusive, non-transferable, revocable license to access and use this site strictly in accordance with these terms of use. As a condition of your use of this site, you warrant to this site that you will not use this site for any purpose that is unlawful or prohibited by these Terms.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on this site, is property NorCal Cycling LLC and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on this site. Your use of this site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of this site and NorCal Cycling LLC, the copyright owner.
International Users
The Service is controlled, operated and administered by site from our offices within the United States. If you access the Service from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use the site Content accessed through my site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold the harmless site, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use my site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. This site reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the site in asserting any available defenses.
Liability disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. NORCAL-CYCLING.COM AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
NORCAL-CYCLING.COM AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. NORCAL-CYCLING.COM AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NORCAL-CYCLING.COM AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF NORCAL-CYCLING.COM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/access restriction
This site reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of California, United States and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover its reasonable costs and attorneys’ fees.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and this site as a result of this agreement or use of the site. This site’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of site’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by site with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and site with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and site with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
This site reserves the right, in its sole discretion, to change the Terms under which this site is offered. The most current version of the Terms will supersede all previous versions. My site encourages you to periodically review the Terms to stay informed of our updates.
Last Update: October 22nd, 2022
