Where2Wheel
TERMS OF SERVICE
Last Modified: July 14, 2016 Update Log: N/A
Welcome to the website of Where2Wheel, LLC, a Virginia limited liability company (“Where2Wheel”, “Company”, “we”, “our”, or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Service”), govern your access to and use of www.Where2Wheel.com (the “Website”) and its related database, software website application and online platform (collectively defined herein as, the “Where2Wheel Service”), as a visiting or registered user (as defined below).
IF YOU USE THE WHERE2WHEEL SERVICE IN ANY FORM (INCLUDING, WITHOUT LIMITATION, NAVIGATING THE WEBSITE OR UTILIZING THE SOFTWARE WEBSITE APPLICATION OR ONLINE PLATFORM) YOU ACCEPT AND AGREE TO BE BOUND BY AND ABIDE BY THESE TERMS OF SERVICE AND THE WHERE2WHEEL PRIVACY POLICY, WHICH CAN BE FOUND HERE [https://where2wheel.com/privacy-policy.html] AND WHICH IS EXPRESSLY INCORPORATED HEREIN. PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING A WHERE2WHEEL SERVICE. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Website.
The Where2Wheel Service is offered and available to users who are 16 years of age or older, and reside in the United States or any of its territories or possessions. By using this Where2Wheel Service, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Where2Wheel Service.
Changes to the Terms of Service
We may revise and update these Terms of Service from time to time in our sole discretion and timing upon written or electronic notice to all then current users. All revisions, updates, or changes are effective immediately when we post them to the Website, and apply to all access to and use of the Where2Wheel Service thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction below will not apply to any disputes for which the parties have actual notice on, or prior to the date the revision, update, or change is posted on the Website. Your continued use of the Where2Wheel Service following the posting of revised, updated, or changed Terms of Service means and shall constitute your acceptance and agreement to the revision(s), update(s), or change(s). You are expected to check, read and agree to this page when we send you a notification on our Website or through email, prior to continuing to access or utilize the Company Service so you are aware of any revision, update, or change, as they are binding on you.
Accessing the Where2Wheel Service and Account Security
User Account: To register with Where2Wheel, you may be asked to provide certain registration details or other information, all of which is governed by our Privacy Policy. By registering with Where2Wheel, you represent and warrant that all registration information you submit, including without limitation, your first and last name, mobile telephone number, vehicle information (make, model, year, etc.) and payment information is completely accurate. By registering with Where2Wheel, you represent and warrant that you are of legal age to enter into a binding contract or, if you are a legal entity, you are authorized to enter into and bind the entity to these Terms of Service and register. If you are under the age of 18, you may use the Where2Wheel Service only with the involvement and consent of a parent or guardian. Each registered user that completes the registration process, becomes a “User.” Where2Wheel and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders or your status as a user in its sole discretion.
Account Security: You are solely responsible for maintaining the confidentiality, security, and correctness of your registration information. You are solely and fully responsible for all activities, liabilities, and damage that occurs under your
account or password or from your failure to maintain password confidentiality. You agree that Where2Wheel shall not be liable for any loss or damage arising from your failure to keep your Website username password secure. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You agree to comply with all applicable laws regarding online conduct and acceptable content.
Access: We reserve the right to withdraw or amend the Website or any Where2Wheel Service, and any product, service or material we provide on the Website, in our sole discretion without notice. We will not be liable to you if, for any reason, any part of or the entire Website or Where2Wheel Service is unavailable for your access or use at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered Users.
Payment Terms
Registering for an account with Where2Wheel is free of charge. Where2Wheel reserves the right to introduce certain fees in the future. The fee rates of services charged to you can be accessed through the Website. These may be modified or updated by Where2Wheel from time to time. It is your responsibility to remain informed about the current rates for these services.
Upon registration, you will be asked to authorize a charge to your credit card up to the total amount specified on the Website, depending on the membership level you choose. You acknowledge and agree that you will pay for all fees you purchase from the Where2Wheel, and that Where2Wheel may charge your credit card account as provided by you when registered for a Where2Wheel Service, including any taxes and late fees, as applicable, that may be accrued by or in connection with your account. You are responsible for the timely payment of all fees and to provide us with a valid credit card account for payment of all fees at all times. All payments are non-refundable, subject to applicable law.
Cancellations: You may cancel your subscription for any Where2Wheel Service for no charge at any time. We do not offer any refunds. As a result, you are responsible for paying the full amount authorized and charged to your credit card upon registration.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Where2Wheel Service:
• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards (see Content Standards below) set out in these Terms of Service.
• To transmit, or procure the sending of, any advertising or promotional material (without our prior written consent), including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or User screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
Additionally, you agree not to:
• Use the Where2Wheel Service in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Where2Wheel Service, including their ability to engage in real time activities through the Where2Wheel Service.
• Use any robot, spider or other automatic device, process or means to access the Where2Wheel Service for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Where2Wheel Service or for any other unauthorized purpose without our prior written consent.
• Use any device, software or routine that interferes with the proper working of the Website.
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
• Attack the Where2Wheel Service via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.
Intellectual Property Rights
The Website, the Where2Wheel Service, and the online platform, and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are wholly owned by Where2Wheel,LLC, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms of Service permit you to use the Where2Wheel Service for your personal, non-commercial use only. These Terms of Service do not constitute a sale or convey to you any rights, title, or interest of ownership in or related to the Where2Wheel Service or any intellectual property rights owned by Where2Wheel. Where2Wheel, Where2Wheel’s logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one (1) copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
You must not:
• Modify copies of any materials from a Where2Wheel Service.
• Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from a Where2Wheel Service.
If you print, copy, modify, or otherwise use or provide any other person with access to any part of the Where2Wheel Service in breach of the Terms of Service, your right to use the Where2Wheel Service will cease immediately and you must, at our option and direction, return or destroy any copies of the materials you have made. Any use of the Where2Wheel Service not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.
User Contributions
The Where2Wheel Service contains areas, such as the “Trails” functionality, where subscribers may post, without limitation, trails, reviews, comments, videos, photos, and other content: and submit suggestions, ideas, comments, questions, or other information and other interactive features (collectively, “Interactive Services”) that allow Users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “Post”) content or materials (collectively, “User Contributions”) on or through the Website. All User Contributions must comply with the Content Standards set out in these Terms of Service.
Any User Contributions you Post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, our licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose. You represent, warrant, and covenant that (a) you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us; (b) all of your User Contributions do and will comply with these Terms of Service; (c) your User Contributions, and any third party or User’s access or use of the same, are authorized by any third party and applicable government agency who owns or possesses any right or interest in or underlying the objects or property described therein; (d) any third party or User’s coordination and use of your User Contributions, including, without limitation, entering and conducting any activities on the premises associated or relating to your User Contributions, is fully authorized by the owner or lawful possessor of such physical premises for such third party or User’s entrance and performance of, without limitation, any off-road vehicle activities conducted thereon; and (e) all User Contributions provided by you is accurate and complete in its requirement to satisfy the foregoing described representations and warranties.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
Monitoring and Enforcement: We reserve the right to (1) remove or refuse to post any User Contributions for any or no reason in our sole discretion; and (2) take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. NOTWITHSTANDING ANY OTHER TERMS AND CONDITIONS OF THE TERMS OF SERVICE, YOU WAIVE, RELEASE, AND SHALL INDEMNIFY AND RELEASE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material or User Contributions before it is Posted on the Website, and cannot ensure prompt removal of objectionable, inaccurate, or incomplete material after it has been Posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any User or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Content Standards
These content standards apply to any and all User Contributions and use of Where2Wheel Services. You represent, warrant, and covenant that your User Contributions will, in their entirety, comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions shall not:
• Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on, without limitation, race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service and our Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote or assist any unlawful act.
• Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
• Give the impression that they emanate from or are endorsed by Where2Wheel or any other person or entity, if this is not the case.
• Contain premises or similar content describing land, trails, or the like, of which you do not have the express right to Post by the same’s lawful owner or possessor entitled to extend such right of access and use by persons or Users.
Reliance on Information Posted
The information presented on or through the Where2Wheel Service is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE WEBSITE, WHERE2WHEEL SERVICE, OR ONLINE PLATFORM, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.
The Where2Wheel Service may include content provided by third parties, including materials or User Contributions provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Information About You and Your Visits to the Website
All information we collect on or through the Where2Wheel Service is subject to our Privacy Policy. By using the Where2Wheel Service, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Online Purchases and Other Terms and Conditions
All purchases through our Website or other transactions for the sale of goods or services formed through the Website or as a result of visits made by you are governed by these Terms of Service. Additional terms and conditions may also apply to specific portions, services or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Service.
Linking to the Website and Social Media Features
You may link to our Website’s homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
• Link from your own or certain third-party websites to certain content on this Website.
• Send e-mails or other communications with certain content, or links to certain content, on this Website.
• Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use the Where2Wheel Service features solely as they are provided by us solely with respect to the content which they are displayed. Subject to the foregoing, you must not:
• Establish a link to the Website from any website that is not lawfully owned by you.
• Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
• Link to any part of the Website other than the homepage.
• Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Service.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Service. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, we provide these links for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Relationship of the Parties and Providers
Registered Users are not employees or agents of Where2Wheel or any User. The relationship between Where2Wheel and a User is that of service provider/client. No brokerage, agency, partnership, joint venture, employer- employee or franchisor-franchisee relationship is intended or created by these Terms of Service, regardless of what User Contributions are provided to the Website.
Miscellaneous
Geographic Restriction: We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties: EXCEPT AS OTHERWISE PROVIDED, THE WHERE2WHEEL SERVICE IS MADE AVAILABLE ON AN “AS IS” AND “WITH ALL FAULTS” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY. WHERE2WHEEL SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
Limitation of Liability: You acknowledge that, unless expressly stated on the Website, all User Contributions are provided by independent Users, not by Where2Wheel. ACCORDINGLY, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THE COMPANY HAS NO RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION OR USER CONTRIBUTIONS PROVIDED TO YOU BY SUCH USER THROUGH THE WHERE2WHEEL SERVICES.
UNDER NO CIRCUMSTANCES WILL WHERE2WHEEL’S LIABILITY ARISING OUT OF, OR IN CONNECTION WITH, THESE TERMS OF SERVICE EXCEED THE AMOUNT CHARGED FOR THAT USER’S MEMBERSHIP SUBSCRIPTION FEE, IF ANY. IN ADDITION, IN NO EVENT WILL WHERE2WHEEL, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MANAGERS, OR MEMBERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, THE WHERE2WHEEL SERVICES, THE ONLINE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, WHERE2WHEEL SERVICES, OR ONLINE PLATFORM OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, DEATH, DISABILITY, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
Indemnification: You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, managers, members, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of a Where2Wheel Service, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Service or your use of any information obtained from the Website.
Governing Law: These Terms of Service and the relationship between you and the Company will be governed by the laws of the Commonwealth of Virginia, without giving effect to any choice or conflict of law provision or rule whether of the Commonwealth of Virginia or any other jurisdiction.
Venue: Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or a Where2Wheel shall be instituted and litigated exclusively in the federal courts of the United States or the state courts of the city of Virginia Beach, in the Commonwealth of Virginia (although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Service in your state of residence or any other relevant place). You waive any and all objections to the exercise of jurisdiction over you by such courts and to exclusive venue in such courts.
Dispute Resolution: Any dispute relating in any way to your use of the Where2Wheel Service, the Company, or to products or services you purchase through Where2Wheel shall be submitted to confidential arbitration in the Commonwealth of Virginia in accordance with the then prevailing Commercial Arbitration Rules of the American Arbitration Association by a single
arbitrator appointed in accordance with such rules. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the extent you have in any manner violated or threatened to violate Where2Wheel’s intellectual property rights, Where2Wheel may seek injunctive or other appropriate relief in any state or federal court and you consent to exclusive jurisdiction and venue in such courts.
No Assignment: You may not assign your rights under these Terms of Service without our prior written consent, and any attempted assignment will be null and void.
Limitation on Time to File Claims: ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE WHERE2WHEEL SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver: No failure by the Company to enforce any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
Severability: If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
Entire Agreement: The Terms of Service and our Privacy Policy constitute the sole and entire agreement between you and Where2Wheel, LLC with respect to the Where2Wheel Service and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website and Where2Wheel Service.
Notices. We may give notice to you by email or other reasonable means. You shall give notice to Where2Wheel, LLC by certified mail (postage pre-paid and return receipt requested) to:
Where2Wheel, LLC Attn: Legal 101 W. Main St., Ste. 101 Norfolk, VA 23510
QUESTIONS. Please contact us with any questions regarding these Terms of Service by emailing us at: support@where2wheel.com