Welcome to Collectively LLC and its affiliated websites: TeamBikeChallenge.com, Verdego.org — (collectively "Collectively LLC," "We," "Us," or "Our").
Collectively LLC offers a variety of online geo-mapping applications, fitness tools and calculators, mobile device applications, social networking components — including but not limited to, intra-website message services, discussion forums, community groups, personal profile pages — other fitness and health related products and services, and select promotional offers (collectively, the "Services").
AGREEMENT TO COLLECTIVELY LLC TERMS AND CONDITIONS OF USE
Subscribers, customers, users, third parties acting on behalf of users, or others who download, use, purchase, subscribe, aggregate Collectively LLC data, information, or Content available on or via Collectively LLC affiliated websites, or otherwise interface with or access the Collectively LLC affiliated websites or Services (collectively or individually "You" "User" or "Users") must do so under the following Collectively LLC Terms and Conditions of Use ("Terms and Conditions of Use).
BEFORE USING ANY OF THE SERVICES, PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS OF USE.
BY ACCESSING, BROWSING AND/OR USING THE SERVICES, A USER ACKNOWLEDGES THAT HE OR SHE HAS READ, UNDERSTOOD, AND AGREES TO BE BOUND BY ALL CONSENTS AND DISCLOSURES SET FORTH IN THE COLLECTIVELY LLC REGISTRATION PROCESS (AND HEREBY INCORPORATED HEREIN BY THIS REFERENCE), ALL OF THE FOLLOWING TERMS AND CONDITIONS OF USE, INCLUDING ANY FUTURE MODIFICATIONS TO THE COLLECTIVELY LLC TERMS AND CONDITIONS OF USE, AND IDENTIFIED AFFILIATED AGREEMENTS, GUIDELINES AND POLICIES (COLLECTIVELY, THE "AGREEMENT"). IF A USER DOES NOT CONSENT TO THE AGREEMENT, THEN COLLECTIVELY LLC REQUIRES THAT SUCH USER CEASE USING THE SERVICES IMMEDIATELY.
COLLECTIVELY LLC AND THE SERVICES ARE AVAILABLE FOR INDIVIDUALS AGED 13 YEARS OR OLDER. IF A USER IS 13 OR OLDER BUT UNDER THE AGE OF 18, THEN SUCH USER AGREES TO REVIEW THE AGREEMENT WITH HIS OR HER PARENT(S) OR GUARDIAN(S) TO ENSURE THAT BOTH THE USER AND PARENT(S) OR GUARDIAN(S) UNDERSTAND AND CONSENT TO THE AGREEMENT AND THAT THE USER AND HIS OR HER PARENT(S) OR GUARDIAN(S) REVIEW AND ACCEPT THE AGREEMENT ON THE USER'S BEHALF THROUGH THE COLLECTIVELY LLC REGISTRATION PROCESS. IF THE READER OF THE AGREEMENT IS A PARENT OR GUARDIAN ENTERING THIS AGREEMENT FOR THE BENEFIT OF A CHILD OVER 13, THEN HE OR SHE AGREES AND ACCEPTS FULL RESPONSIBILITY FOR HIS OR HER CHILD'S USE OF COLLECTIVELY LLC AND THE SERVICES, INCLUDING ALL FINANCIAL CHARGES AND LEGAL LIABILITY THAT SUCH CHILD MAY INCUR.
BY USING COLLECTIVELY LLC OR THE SERVICES, A USER THEREFORE AGREES, REPRESENTS AND WARRANTS THAT:
- HE OR SHE IS 13 YEARS OR OLDER BUT UNDER THE AGE OF 18 AND HE OR SHE HAS REVIEWED AND CONSENTED TO THE AGREEMENT WITH HIS OR HER PARENTS PER THE PROTOCOL SET FORTH ABOVE; OR
- HE OR SHE IS 18 YEARS OR OLDER; AND HAS CONSENTED TO AND AGREED TO THE AGREEMENT; AND.
- he or she has received consent from his or her physician to participate in ANY programs, workouts, exercises, OR ANY OTHER FITNESS OR HEALTH RELATED ACTIVITY provided by Collectively LLC or displayed AS CONTENT on its affiliated websites: TeamBikeChallenge.com, Verdego.org
THE AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN USERS AND COLLECTIVELY LLC. Any User may contact us at email@example.com in order to receive a copy of this Agreement.
ALL USERS ACKNOWLEDGE AND AGREE THAT COLLECTIVELY LLC HAS OFFERED THE SERVICES, SET ITS PRICES, AND ENTERED INTO THE AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH BELOW. USERS FURTHER ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THE AGREEMENT REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN USERS AND COLLECTIVELY LLC, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THE AGREEMENT FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE USERS AND COLLECTIVELY LLC. COLLECTIVELY LLC WOULD NOT BE ABLE TO PROVIDE THE COLLECTIVELY LLC SERVICES TO USERS ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS AND DISCLAIMERS.
ADDITIONAL POSTED GUIDELINES
Collectively LLC may require Users to follow additional rules, policies, guidelines or other conditions (collectively "Guidelines") in order to use particular features, to participate in certain promotions available through Collectively LLC, or to receive and/or use other Services that Collectively LLC may offer from time to time. In such cases, a User may be required to expressly consent to additional terms set forth in applicable Guidelines — for instance, a User might be obligated to check a box or clicking on a button marked "I agree." This type of agreement is known as a "click-through" agreement. If any of the terms of a click-through agreement are different than the terms of the Terms and Conditions of Use, the terms of the click-through agreement will supplement or amend the Terms and Conditions of Use, but only with respect to the matters governed by the click-through agreement.
MODIFICATION OF THE TERMS AND CONDITIONS OF USE
OWNERSHIP AND PROPRIETARY RIGHTS
The Services are owned and operated by Collectively LLC. The Collectively LLC software, content, visual interfaces, information, graphics, design, compilation, computer code, online platform, products, software, services, including, but not limited to, the mobile device applications, and all other elements of the Services (collectively, the "Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international laws and conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All materials and components contained in the Services are the property of Collectively LLC or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names displayed on the Services are proprietary to Collectively LLC or its affiliates and/or third-party licensors. Except as expressly authorized by Collectively LLC, any and all Users agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
The Services are not available to persons under the age of 13 or to any Users suspended or removed from the Services by Collectively LLC. Users agree that the information that they provide Collectively LLC upon registration and at all other times will be true, accurate, current, and complete. Users also agree that they will ensure that this information is kept accurate and up to date at all times.
When a User registers as a member and obtains an account, he or she will be asked to provide a password. Because a User will be responsible for all activities that generate from his or her account, and one can only access his or her account upon the transmission of the associated password, a User should keep that password strictly confidential at all times. A USER MUST NOTIFY COLLECTIVELY LLC IMMEDIATELY OF ANY UNAUTHORIZED USE OF HIS OR HER PASSWORD OR IF HE OR SHE BELIEVES THAT PASSWORD IS NO LONGER CONFIDENTIAL. Collectively LLC reserves the right to suspend a User's account and/or require that such User alter his or her password if we believe for any reason that such User's password is no longer secure. A USER MAY NOT SHARE HIS OR HER COLLECTIVELY LLC ACCOUNT PASSWORD WITH ANY OTHER PERSON FOR ANY REASON.
PAYMENT TERMS AND CANCELATIONS
A User agrees to pay any fees due for and incurred by their use of those select Services that require payment on the part of Users ("Paid Services"). Collectively LLC will administer and apply User payments received for Paid Services via the online billing mechanisms of its affiliated websites in a timely and commercially reasonable manner. Further, Collectively LLC reserves the right to terminate a User's access to a Paid Service on account of that User's nonpayment of associated charges. If a User wants to discontinue his or her utilization of a Paid Service, then he or she may cancel that Paid Service in accord with the cancellation procedures established in the Guidelines pertinent to that Paid Service.
Certain individuals or vendors (collectively "third party vendors") with whom Collectively LLC maintains a commercial relationship may market their own promotions and services on (or through) Collectively LLC.com. To participate in some of those promotions or access some of those services, a User may be required to make payment for the specific service or promotion to the third party vendor that markets that specific service or promotion. Collectively LLC is not responsible for the administration or application of any User payments required by any third party vendor for any such select services or promotions.
COLLECTIVELY LLC USAGE RULES
PROHIBITED CONDUCT & USES
A USER UNDERSTANDS AND HEREBY ACKNOWLEDGES AND AGREES THAT HE OR SHE MAY NOT, AND WARRANT THAT HER OR SHE WILL NOT:
a. use the Services or any personal information or location information displayed on or within Collectively LLC to "stalk," harass, abuse, defame, threaten or defraud other Users, or collect, attempt to collect, or store location information or personal information about other Users;
b. use Collectively LLC or the Services if he or she is under the age of 13 years old;
c. include offensive or pornographic materials on or in his or her Collectively LLC personal profile pages;
d. use Collectively LLC or the Services for any commercial or non-private use, it being understood that Collectively LLC and the Services are to be employed for personal, non-commercial use only;
e. fail to deliver payment for any Paid Services;
f. use Collectively LLC or the Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, and import or export control;
g. make unsolicited offers, advertisements, proposals, or send junk mail, to other Users of Collectively LLC. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
h. impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Collectively LLC accounts of other Users;
i. share Collectively LLC-issued passwords or any other means of access to a mobile device while any Service is running and accessible with any third party or encourage any other User(s) to do so;
j. misrepresent the source, identity or content of information transmitted via Collectively LLC;
k. remove, circumvent, disable, damage or otherwise interfere with: (i) the security-related features of Collectively LLC or the Services; (ii) the features of Collectively LLC and the Services that prevent or restrict use or copying of any content accessible through the Collectively LLC; or (iii) the features of Collectively LLC and the Services that enforce limitations on use of the Services;
l. intentionally interfere with, or damage operation of Collectively LLC or the Services, or any User's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;
m. post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, libelous, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;
n. post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property right of the a third party;
o. attempt to gain unauthorized access to Collectively LLC or the Services, other accounts, computer systems or networks connected to Collectively LLC, or any part of it, through hacking, password mining, or any other means to interfere with, or attempt to interfere with the proper working of Collectively LLC or any activities conducted on Collectively LLC;
p. use any robot, spider, scraper or other automated means to access Collectively LLC for any purpose without Collectively LLC's express written permission or bypass Collectively LLC's robot exclusion headers or other measures we may use to prevent or restrict access to Collectively LLC or modify Collectively LLC in any manner or form, nor to use modified versions of Collectively LLC, including (without limitation) for the purpose of obtaining unauthorized access to Collectively LLC; or
q. sell or transfer or allow another person to access his or her account passwords, profiles, or Collectively LLC accounts.
USAGE; REFUSAL OR SUSPENSION OF SERVICE
COLLECTIVELY LLC RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO HAVE COLLECTIVELY LLC'S SYSTEMS MONITOR ANY USER'S REGISTRATION OR SOCIAL NETWORKING ACTIVITIES (INCLUDING INVITING A FELLOW USER INTO A NETWORK OF FRIENDS), AS WELL AS ANY USER'S USE OF OR ACCESS TO THE LOCATION INFORMATION AND PROFILES OF OTHER USERS. ACCORDINGLY, COLLECTIVELY LLC ALSO RESERVES THE RIGHT TO DISABLE ANY USER'S USE OF OR ACCESS TO COLLECTIVELY LLC, ITS SERVICES, THE PERSONAL AND/OR LOCATION INFORMATION, OR THE PROFILES OF OTHER USERS, FOR ANY REASON AND WITHOUT ANY NOTICE.
A User is solely responsible for his or her involvement with other Users. Collectively LLC reserves the right, but has no obligation, to monitor disagreements between any Users.
Collectively LLC does not control the content of User accounts and profiles and does not have any obligation to monitor such content for any purpose. Users acknowledge that they are solely responsible for all content and material that THEY PROVIDE to Collectively LLC.
MOREOVER, COLLECTIVELY LLC RESERVES THE RIGHT TO REFUSE ACCESS TO ANY USER, FOR ANY REASON AND WITHOUT ANY NOTICE.
THIRD PARTY Content PRESENT ON OR Linked ON Collectively LLC's Affiliated websites
Certain content displayed on or linked to Collectively LLC's affiliated websites: TeamBikeChallenge.com, Verdego.org — namely, third party websites and news headlines (collectively "third party web content") — is developed by individuals or merchants over whom Collectively LLC exercises no direct control.
Collectively LLC does not endorse any third party web content, or the information, material, products, or services associated with third party content.
Furthermore, some Users may find some third party web content to be objectionable, inappropriate, or offensive. Collectively LLC therefore does not make any express or implied warranties with regard to the nature of the information, material, products, or services that are displayed or linked by any third party web content.
In addition, User contacts or business dealings with, or participation in the promotions of individuals or merchants found on, or linked by any third party web content exist solely and operate independently as between a User and such individuals or merchants. A User therefore agrees that Collectively LLC shall not be responsible for, or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the placement of, or linkage to such third party web content on Collectively's web properties.
- he or she is solely responsible for the transmission, accuracy, completeness, and publication of that User Content;
- he or she controls all of the rights to that User Content and that it neither does nor will infringe or violate the rights of any third party; and
- Collectively LLC bears no responsibility, legal or otherwise, for that User Content.
Prohibited User Content
A User may not post Content on Collectively LLC.com that:
- is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter;
- provides any telephone numbers, street addresses, last names or email addresses of anyone except said User;
- promotes information that a User knows is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- violates any intellectual property or other proprietary right of any third party, including User Content that promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other members;
- involves commercial activities and/or sales without Collectively LLC's prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- includes a photograph of another person posted without that person's consent or, in the case of children under the age of eighteen (18), parental consent, or otherwise constitutes an invasion of an individual's privacy or infringement of publicity rights; or
- contains a virus or other harmful component.
User Accounts And User Content
A User is responsible for all User Content posted under his or her account on Collectively LLC.com, and for adjusting those account settings, specifically User Privacy Settings, that permit him or her to display User Content on the Site.
Posting User Content via the Internet inherently poses the risk of unintended disclosure and access by third parties to said User Content. Collectively LLC will make reasonable efforts to prevent User Content from disclosure that exceeds the account settings selected by a User, but Collectively LLC cannot guarantee that User account settings will completely protect against some User Content from being viewed or accessed by unintended third parties, and Collectively LLC will not be liable for such chance disclosures.
Upon a User's termination of his or her account, he or she may request that Collectively LLC completely "purge" the User account, including the deletion of any and all User Content previously submitted by that User. Collectively LLC will in turn undertake reasonable efforts to ensure that a User Account and Collectively LLC is completely purged of User Content, subject to the limitation that Collectively LLC may not be able to fully delete all User Content, specifically any User Content posted in Collectively LLC forums, community groups, on other User pages. Collectively LLC therefore directs that a User exercise good judgment when he or she posts User
Content to Collectively LLC forums, community groups, or on other User pages, and refrain from posting sensitive material.
In addition, Collectively LLC cannot wholly purge health index related User Content upon the deletion of a User Account. We will, however, make that information anonymous upon the termination of a User account.
Ownership Rights In User Content
When a User transmits or otherwise supplies User Content to Collectively LLC, or otherwise makes User Content available on or through Collectively LLC.com, he or she expressly grants Collectively LLC a royalty-free, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, display, translate, or distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with Collectively LLC or the promotion thereof.
In addition, Collectively LLC obtains a royalty-free, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to create derivative works from User Content, display User Content, in whole or in part, and/or to incorporate User Content in other works in any form, media or technology, and a User agrees that any "moral rights" in that User Content have been waived. Moreover, when a User posts User Content to Collectively LLC.com, he or she authorizes and directs Collectively LLC to make such copies thereof as it deems necessary in order to facilitate the posting and storage of the User Content.
The rights held by Collectively LLC relative to User Content, as delineated above, are, however, subject to the limitation that should Collectively LLC seek to make use of certain User Content — namely a User's image — for explicit commercial or advertising purposes, Collectively LLC will make a reasonable effort to secure consent from that User for that specific purpose.
Further, Collectively LLC does not assert any real ownership over User Content. Rather, subject to the rights granted to Collectively LLC in these Terms and Conditions of Use, a User retains full ownership of any and all of his or her User Content and any intellectual property rights or other proprietary rights associated with said User Content.
Collectively LLC Review Of User Content
Collectively LLC does not actively monitor, review, or edit User Content posted, or otherwise made available by a User on its affiliated websites: TeamBikeChallenge.com, Verdego.org. Accordingly, by consenting to the Terms and Conditions of Use, a User understands and acknowledges that when he or she accesses or otherwise uses Collectively LLC or select Services, he or she may be exposed to User Content from a variety of sources, and that Collectively LLC is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. Further, a User must understand and acknowledge that he or she may be exposed to User Content that is inaccurate, offensive, indecent or objectionable, and he or she agrees to waive, and hereby does waive, any legal or equitable rights or remedies he or she may have against Collectively LLC with respect thereto.
Collectively LLC, however, reserves the right, in its sole discretion, to refuse to publish, edit, or remove any User Content, in whole or part that Collectively LLC determines does not comply with these Terms and Conditions of Use; is illegal; or is otherwise undesirable, objectionable, inappropriate or inaccurate. Moreover, Collectively LLC is not responsible for any decision, absence of any decision, or delay in the revision or removal of any User Content that Collectively LLC determines is unsuitable.
Collectively LLC and its Services, are made available for your personal, non-commercial use only.
A User may not employ Collectively LLC or its Services (other than those Services designed specifically for commercial use) to sell a product or service, or to increase traffic to a User or third party web site for commercial reasons, such as advertising sales. A User may not take the results from a Collectively LLC search and reformat and display them, or mirror the Collectively LLC home page or results pages on his or her web site. Moreover, a User may not "meta-search" Collectively LLC.
If a User seeks to make commercial use of Collectively LLC, he or she must enter into an agreement with Collectively LLC to do so in advance. Please contact us at firstname.lastname@example.org for more information.
Collectively LLC Content
Collectively LLC, its affiliated websites: TeamBikeChallenge.com, Verdego.org — and the Services contain trademarks, trade names, trade dress, service marks, copyrighted material concerning health and fitness, and other health and fitness related content, materials, and information owned by Collectively LLC and others (collectively "Collectively LLC Content").
Ownership Of Collectively LLC Content
Collectively LLC is the sole owner of all Collectively LLC Content including all copyrights, trademarks, trade dress, service marks, and other intellectual property rights. A User may not download, copy, or save any Collectively LLC Content or any portion of it, for any purpose, except as permitted by select Services (as provided for in the specific Guidelines and Policies relative to those Services), and in the limited cases where a User needs to print a copy of individual screens appearing as part of Collectively LLC solely for personal use or records, provided that any logos, marks or other legends that appear on the copied screens remain and are not removed from the printed copy. Except as expressly permitted under these Terms and Conditions of Use and/or certain ancillary Guidelines related to specific Services, a User may not modify, copy, publish, display, transmit, adapt or in any way exploit the Collectively LLC Content without the prior written permission of Collectively LLC.
Content Is Not Medical Advice
COLLECTIVELY LLC CONTENT DOES NOT CONSTITUTE MEDICAL ADVICE. SHOULD A USER HAVE ANY HEALTHCARE RELATED QUESTIONS, HE OR SHE SHOULD CONTACT HIS OR HER PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY AND IN ADVANCE OF HIS OR HER USE OF COLLECTIVELY LLC AND THE SERVICES.
ANY COLLECTIVELY LLC CONTENT, INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY COLLECTIVELY LLC OR BY OTHER USERS OR THIRD PARTIES IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (A) THE ADVICE OF A PHYSICIAN OR OTHER MEDICAL PROFESSIONAL, (B) A VISIT, CALL OR CONSULTATION WITH A PHYSICIAN OR OTHER MEDICAL PROFESSIONAL, OR (C) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL.
A USER THEREFORE SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY COLLECTIVELY LLC CONTENT AND A USER SHOULD NOT EMPLOY CONTENT FOR DIAGNOSING OR TREATING A HEALTH PROBLEM.
FURTHER, THE TRANSMISSION AND RECEIPT OF COLLECTIVELY LLC CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN COLLECTIVELY LLC AND A USER.
No Automated Querying of Route or User Info
A User may not send automated queries of any sort to Collectively LLC's system without express permission in advance from Collectively LLC. Note that "sending automated queries" includes, among other things:
- using any software which sends queries to Collectively LLC to determine how many saved routes or Users Collectively LLC has for various queries;
- "meta-searching" Collectively LLC; and
- performing "offline" searches on Collectively LLC.
Please do not write to Collectively LLC to request permission to "meta-search" Collectively LLC for a research project, as such requests will not be granted.
THE SERVICES AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH COLLECTIVELY LLC ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. COLLECTIVELY LLC, AND ITS SUPPLIERS AND PARTNERS (INCLUDING WITHOUT LIMITATION COLLECTIVELY LLC'S THIRD-PARTY WIRELESS CARRIER PARTNERS), DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
COLLECTIVELY LLC AND ITS SUPPLIERS AND PARTNERS (INCLUDING WITHOUT LIMITATION COLLECTIVELY LLC'S THIRD-PARTY WIRELESS CARRIER PARTNERS) DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MOBILE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT COLLECTIVELY LLC OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, COLLECTIVELY LLC, AND ITS SUPPLIERS AND PARTNERS (INCLUDING WITHOUT LIMITATION COLLECTIVELY LLC'S THIRD-PARTY WIRELESS CARRIER PARTNERS) DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY PERSONAL INFORMATION OR LOCATION INFORMATION OR THE SERVICES IN TERMS OF SECURITY, SAFETY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. A USER (AND NOT COLLECTIVELY LLC OR ITS SUPPLIERS OR PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION RELATED TO THE SERVICES.
Physical Fitness/Health Related Disclaimers
Collectively LLC requires that a user consults with his or her physician before he or she uses Verdego.org or the services, undertakes to follow any training instructions he or she receives VIA Collectively LLC OR its affiliated websites: TeamBikeChallenge.com, Verdego.org — or participates in any event announced BY Collectively LLC, or the affiliated websites. Collectively LLC is not a licensed medical care provider and represents that it has no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition. Collectively LLC is not intended to be a substitute for professional medical advice, diagnosis, or treatment. A user should understand that when participating in any exercise or exercise program, there is the possibility of physical injury and or death.
A user should never disregard medical advice or delay in seeking it because of something he or she has read on Collectively LLC OR its affiliated websites: TeamBikeChallenge.com, Verdego.org. Collectively LLC is not responsible for any health problems that may result from training programs, products, or events a user learns about through Collectively LLC. If a user engages in any exercise program he or she receives VIA Collectively LLC OR its affiliated websites: TeamBikeChallenge.com, Verdego.org — said user agrees that he or she does so at his or her own personal risk, is voluntarily participating in these activities, assumes all risk of injury to himself or herself, and agrees to release and discharge Collectively LLC from any and all claims or causes of action, known or unknown, arising out of his or her use of that exercise program.
Not all types of physical activity are suitable for everyone, accordingly, before a user he or she uses Collectively LLC or the services, undertakes to follow any training instructions he or she receives VIA Collectively LLC or its affiliated websites — affiliated websites: TeamBikeChallenge.com, Verdego.org — or participates in any event announced by Collectively LLC, or the affiliated websites, he or she should obtain permission from his or her physician to engage in vigorous exercise.
Collectively LLC further disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of any and all information or material provided in connection with, or by the SERVICES, any search results generated by or through the services, or displayed and/or presented on its affiliated websites: TeamBikeChallenge.com, Verdego.org...
Collectively LLC also disclaims any responsibility for the deletion, failure to store, missed delivery, or untimely delivery of any and all information or material, including Collectively LLC content and user content.
A USER UNDERSTANDS AND AGREES THAT WHEN HE OR SHE DOWNLOADS OR OTHERWISE OBTAINS MATERIAL OR DATA VIA COLLECTIVELY LLC, THE SERVICES, OR THE affiliated websites: TeamBikeChallenge.com, Verdego.org — ACCORDINGLY, Collectively LLC disclaims any responsibility for any harm TO A USER THAT RESULTS from downloading or accessing any information or material THROUGH COLLECTIVELY LLC, THE SERVICES, or THE affiliated websites.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO A GIVEN USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND HE OR SHE MIGHT HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION; HOLD HARMLESS
A User agrees to indemnify, defend, and hold Collectively LLC, and its suppliers and partners (including, without limitation, Collectively LLC's wireless carrier partners) harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys' fees, arising out of or related to (a) the use or misuse of any User's personal information and location information, or the Services generally, (b) any violation of the rights of any other person or entity by User, (c) any breach or violation by a User of Collectively LLC, or (d) a User's employment of the Services to meet another User in-person or to locate and attend any offline place or event.
Collectively LLC reserves the right, at a given User's expense, to assume the exclusive defense and control of any matter for which such User is required to indemnify Collectively LLC, and said User agrees to cooperate with Collectively LLC's defense of these claims.
LIMITATION OF LIABILITY AND DAMAGES
A USER ACKNOWLEDGES AND AGREES THAT UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, WILL COLLECTIVELY LLC, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS (INCLUDING, WITHOUT LIMITATION, COLLECTIVELY LLC'S WIRELESS CARRIER PARTNERS) OR SUPPLIERS BE LIABLE TO ANY USER FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATED TO OR RESULTING FROM: (A) THE USE, DISCLOSURE, DISPLAY, OR MAINTENANCE OF A USER'S PERSONAL INFORMATION OR LOCATION INFORMATION; (B) A USER'S ABILITY OR INABILITY TO USE THE SERVICES; (C) THE SERVICES GENERALLY, INCLUDING THE MOBILE SERVICES, OR SYSTEMS THAT MAKE THE SERVICES AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH COLLECTIVELY LLC OR ANY OTHER USER OF THE SERVICES, EVEN IF COLLECTIVELY LLC OR A COLLECTIVELY LLC AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON COLLECTIVELY LLC OR its affiliated websites: TeamBikeChallenge.com, Verdego.org — OR THROUGH THE SERVICES, OR RECEIVED THROUGH ANY LINKS PROVIDED BY COLLECTIVELY LLC, THE AFFILIATED WEBSITES, OR THE SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON COLLECTIVELY LLC, THE AFFILIATED WEBSITES, THE SERVICES, OR RECEIVED THROUGH ANY LINKS PROVIDED BY COLLECTIVELY LLC, THE AFFILIATE WEBSITES, OR THE SERVICES.
THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF COLLECTIVELY LLC OR THE SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO COLLECTIVELY LLC, its affiliated websites, OR THE SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
Without limiting the foregoing, under no circumstances shall Collectively LLC be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
IN NO EVENT SHALL COLLECTIVELY LLC (OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR THIRD-PARTY PARTNERS INCLUDING, WITHOUT LIMITATION, COLLECTIVELY LLC'S WIRELESS CARRIER PARTNERS) TOTAL LIABILITY TO A USER FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OF USE, OR A USER'S EMPLOYMENT OF THE SERVICES (WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), WARRANTY, OR OTHERWISE EXCEED THE AMOUNTS PAID BY A USER FOR ACCESSING THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF SAID USER'S CLAIM OR ONE THOUSAND DOLLARS, WHICHEVER IS GREATER.
A USER FURTHER AGREES THAT THE LIMITATIONS OF LIABILITY SET FORTH ABOVE WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS AND CONDITIONS OF USE, AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDNIGLY, THE EXCLUSIONS, AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY IN THEIR ENTIRETY TO A SPECFIC USER. SAID USER, HOWEVER, AGREES THAT COLLECTIVELY LLC'S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
DIGITAL MILLENNIUM COPYRIGHT ACT COMPLIANCE
It is Collectively LLC's policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. In addition, Collectively LLC will promptly terminate without notice the accounts of Users that are determined by Collectively LLC to be "repeat infringers." A repeat infringer is a User who has been notified by Collectively LLC of infringing activity violations more than twice and/or who has had User Content removed from Collectively LLC more than twice.
Copyright owners who believe that any content on Collectively LLC infringes upon their copyrights are encouraged to submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA"). Said notification should be sent to email@example.com and include the following in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the applicable Collectively LLC Service are covered by a single notification, a representative list of such works on the applicable Collectively LLC Service;
- 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 Collectively LLC to locate the material;
- Information reasonably sufficient to permit Collectively LLC to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law (for example, "I am under the good faith belief that the use of the copyrighted content that is identified herein is not authorized by the copyright owner, its agent, or the law."); and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (for example, "I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or authorized to act on behalf of the copyright owner, of the copyright(s) that is allegedly infringed by the aforementioned content.").
A copyright owner acknowledges that if he or she fails to comply with all of the requirements of this section, his or her DMCA notice may not be valid. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Collectively LLC will provide account support ("Support") to a User via the following method: Email: firstname.lastname@example.org
The Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the State of Colorado, without giving effect to any principles of conflicts of law.
A User agrees that any cause of action related to, or arising under the Terms and Conditions of Use must be commenced within one (1) year after said cause of action accrues. Should a User fail to commence any such action within that one year term, such action is permanently barred.
A User agrees that any action at law or in equity arising out of or relating to the Terms and Conditions of Use or the Services shall be filed only in the state or federal courts in and for the County of Oakland, and he or she consents and submits exclusively to the personal jurisdiction of such courts for the purposes of litigating any such action.
Severability and Waiver
If any provision of the Terms and Condition of Use is determined to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and Conditions of Use shall not affect the validity and enforceability of any remaining provisions.
Moreover, a provision of the Terms and Conditions of Use may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of the Terms and Conditions of Use shall in no manner affect such party's right at a later time to enforce the same. A waiver of any breach of any provision of the Terms and Conditions of Use shall not be construed as a continuing waiver of other breaches of the same or other provisions of the Terms and Conditions of Use.
Collectively LLC may provide the User with notices, including those regarding changes to the Terms and Conditions of Use, by email, regular mail, or postings on its affiliated websites — affiliated websites: TeamBikeChallenge.com, Verdego.org. Notice will be deemed given twenty-four hours after email is sent, unless Collectively LLC is notified that the email address is invalid. Alternatively, Collectively LLC may provide a User legal notice by mail to a postal address, if said postal address was previously provided by said User to Collectively LLC or via one of the affiliated websites. In such case, notice will be deemed given three days after the date of mailing. Notices posted by Collectively LLC on or via the affiliated websites are deemed given and binding 30 days following the initial posting.
The Terms and Conditions of Use (and any related Guidelines and/or Policies), and any rights and licenses granted hereunder, may not be transferred or assigned by a User, but may be assigned or transferred by Collectively LLC without restriction.
Any and all provisions related to or regarding limitation of liability, disclaimers, and indemnification contained in the Terms and Conditions of Use, hereby survive any termination of the Terms and Conditions of Use, or any termination of a User's account or use of Collectively LLC, the Services, or the affiliated websites: TeamBikeChallenge.com, Verdego.org.
Changes In SERVICES
Collectively LLC may modify the Services from time to time, for any reason, and without notice. Additionally, Collectively LLC maintains a plenary right to terminate the Services for any reason, with or without notice, and without liability to any User or any third party.
The heading references herein are for convenience purposes only, do not constitute a part of the Terms and Conditions of Use, and shall not be deemed to limit or affect any of the provisions hereof.
These Terms and Conditions of Use (and any related Guidelines of the character detailed above) constitute the entirety of the agreement between Collectively LLC and Users relative to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.