1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE:
The services offered at www.bikenightusa.com ("BikeNightUSA"), are provided to you under the terms and conditions of this BikeNightUSA Terms of Service ("BTS"), and any operating rules or policies that may be published by BikeNightUSA at the URL: www.bikenightusa.com (the "Service"). The BTS comprises the entire agreement between you and BikeNightUSA and supersedes all prior agreements between the parties regarding the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS, OR USING BIKENIGHTUSA, USER AGREES TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREIN. You may continue to use BikeNightUSA as long as you adhere to these Terms of Service.
2. SERVICES VOID WHERE PROHIBITED:
Use of the Services is void where prohibited. By using this Site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all the Terms and Conditions of this Agreement.
3. REGISTRATION AND MY INFO PAGE:
a. REGISTRATION. You are required to register with BikeNightUSA if you want to utilize the Contact Manager, write a review, send an BikeNightUSA invitation to a private event (see Private Event below), post a public event on BikeNightUSA, send an eCard, access your Message Center, view your calendar, use the Carpool Feature, and view and edit your profile. In order to register with BikeNightUSA you must supply a valid email address, which will be used as a unique identifier for your account, and a password.
b. MY INFO PAGE. You are required to set up a My Info Page with BikeNightUSA if you want to post a public event (see Public Event below). In order to set up a My Info Page, you will be required to supply a valid email address, a password, a user name, your zip code and answer a few questions. You may also answer certain optional questions, which will help other users know a little more about your interests. Third party access to your profile information is determined by the privacy level you select under your privacy options. If you elect to display your profile to other BikeNightUSA users, a link to your profile will be displayed on your invitations and reviews, and your profile information will be made publicly accessible. You may elect for your profile information to be accessible to others only with your permission, or you may elect to hide your profile, in which case your profile information will not be displayed to third parties under any circumstance.
c. MESSAGE CENTER. When you set up a My Info Page, you will be provided with a private and anonymous mailbox to receive email messages from other users who may want to contact you, without you having to disclose your actual email address or other information. The Message Center also assures other users that they may send and receive messages without having to disclose any personal information or email addresses to you. The Message Center contains features that allow you to block other users from contacting you if you choose.
d. PHOTO GUIDELINES. When you set up a My Info Page, you will have the opportunity of posting a current photograph of yourself. The photograph should be of you and should be current. We will accept photographs which show yourself plus another adult person (spouse, family member, etc.) and/or your children. Your face should be clearly visible in the photo. We will also accept a graphic containing a logo, provided that you are the copyright owner. Photographs may not contain images of children alone, cartoons, comics, celebrities, nudity, artwork, obscene or otherwise inappropriate images (as determined in BikeNightUSA's sole discretion). Photographs containing only animals are not appropriate, but you may supply a photograph of yourself together with your pet. For security and privacy reasons, you should not upload any photographs that contain contact information such as names, phone numbers, email addresses, or web site URLs. All photographs submitted to BikeNightUSA are subject to review and, if deemed by BikeNightUSA to violate this BTS, removal. Offensive content is not permitted in any form. By posting a photograph you warrant and represent that you own all right, title and interest to that photograph and to all images and likenesses contained in that photograph and you authorize BikeNightUSA to distribute that photograph as part of the BikeNightUSA Service. If you see any photographs on BikeNightUSA that do not conform to this policy, please notify us by emailing us at firstname.lastname@example.org.
4. DESCRIPTION OF SERVICE:
BikeNightUSA provides Users with a variety of online services, including but not limited to:
a. PRIVATE EVENTS. A private event is a private social gathering or get-together hosted and attended by a group of people in the same social network (friends, family and/ or associates). If you want to send an BikeNightUSA invitation to a private event, you must be registered with BikeNightUSA (see Registration above). In addition, if you have a My Info Page (see above) your My Info Page information will be viewable to all Guests.
b. PUBLIC EVENTS. A Public Event is a social gathering or get-together that is open to all members of the BikeNightUSA community. All Public Events are searchable on the BikeNightUSA web site. Some examples of Public Events may include: art exhibits, music festivals, happy-hours, poetry readings, grand openings of restaurants and clubs, etc. You must create a My Info Page in order to post a Public Event. If you wish to respond to an BikeNightUSA invitation to a Public Event, you must first register with BikeNightUSA. However, you may choose to respond to an invitation to a Public Event anonymously. If you choose to respond anonymously, your contact information, user name and comments will be seen only by the Host.
c. RECOMMENDATIONS. Recommendations are Public Events and Places listed on the BikeNightUSA service based on information you have supplied to us, such as zip code, interests and keyword searches you have conducted.
d. DESIGN YOUR OWN INVITATION. Using our Design Your Own Invitation feature, users can upload an image for use on an BikeNightUSA invitation. The image uploaded for use on the invitation, will also be included in the email correspondence for the event that is the subject of the invitation.
e. ADDRESS BOOK. Your Address Book consists of contact information such as name, email address and other profile information you have either added yourself or requested from another BikeNightUSA user. If you don't already have a person's contact information in your Address Book, you will see a link to request information if that person is a registered BikeNightUSA user.
f. CARPOOL FEATURE. When you create an BikeNightUSA invitation for a private event, your invitees will have the option of using the Carpool feature in order to coordinate transportation to and from the event. Those who opt to be drivers of Carpools will have the ability to choose whom they drive. Those participating as passengers in a Carpool will be asked to provide their names and cross streets for pickup, as well as, their music and seating preferences, if any. Participants in the Carpool feature will be able to correspond with each other through a double-blind email system, which hides the email addresses of both the sender and recipient of email messages. The name and cross streets of those participating in the Carpool service may be viewable by other invitees to the applicable event.
g. PLANNING PAGES. The Planning Pages include tips and tools, which can be used to help you plan your event. Such tips and tools include multiple pages of content with tips on party themes and ideas, a budget estimator to give you an idea what your event will cost, and event checklists to help keep you on task while planning your party. The tips and tools in the Planning Pages are for informational purposes only.
h. BIKENIGHTUSA ECARDS. BikeNightUSA eCards are online greeting cards. You may choose from multiple designs and send your greeting. You must register to send an eCard, but not to view an eCard.
i. REVIEWS. BikeNightUSA allows you to post reviews of bars, restaurants and other places. Your reviews are viewable by all BikeNightUSA registered users, however you may choose to hide your profile by posting an anonymous review. BikeNightUSA reserves the right to pull down a review if it contains (1) derogatory language, (2) threats of physical harm, or (3) any other reason BikeNightUSA determines is necessary to protect the integrity of its service. In furtherance of this endeavor, the BikeNightUSA Web site will automatically reject certain profane and otherwise inappropriate words in a User review.
j. SUBMIT YOUR PARTY IDEA. You may submit any party ideas you think would be interesting to other users. In order to submit a party idea, you will need to register. The submission will be routed to our Customer Service team for approval. If it is approved, it will be displayed in our Party Ideas section of the site. Ideas that will not be approved include, but are not limited to, ideas that: promote a business, are vulgar or obscene, contain profanity, promote illegal activities, infringe upon another's intellectual property rights, contain racist, sexist, violent or other inappropriate themes, would damage BikeNightUSA's goodwill, or any other idea which BikeNightUSA, in its sole discretion, deems inappropriate or otherwise wishes not to promote.
k. OTHER FEATURES. You may also create event photo albums and conduct various other tasks through the service. In order to use any feature of the Service not described above, you may be required to create a My Info Page (see above).
5. EVENT DISCLAIMERS AND LIMITATION OF LIABILITY: YOUR PARTICIPATION IN ANY PUBLIC OR PRIVATE EVENT OR THE CARPOOL FEATURE IS AT YOUR SOLE AND EXCLUSIVE RISK. THE HOST OF ANY EVENT MAY REFUSE ADMITTANCE, MAY CHARGE AN ADMISSION FEE, OR ASK YOU TO LEAVE AN EVENT AT ANY TIME FOR ANY REASON. BY USING BIKENIGHTUSA YOU AGREE AND UNDERSTAND THAT IN CONNECTION WITH YOUR PARTICIPATION IN ANY EVENT OR ACTIVITY, YOU MAY BE EXPOSED TO A VARIETY OF HAZARDS AND RISKS, FORESEEN OR UNFORESEEN, WHICH MAY OR MAY NOT BE INHERENT IN THOSE ACTIVITIES AND EVENTS. THESE INHERENT RISKS INCLUDE, BUT ARE NOT LIMITED TO, THE DANGERS OF SERIOUS PERSONAL INJURY, PROPERTY DAMAGE, AND DEATH (INJURIES AND DAMAGES) FROM EXPOSURE TO THE HAZARDS OF PUBLIC OR PRIVATE OUTINGS AND ACTIVITIES. BIKENIGHTUSA HAS NOT TRIED TO CONTRADICT OR MINIMIZE YOUR UNDERSTANDING OF THESE RISKS. BY USING BIKENIGHTUSA, YOU AGREE AND UNDERSTAND THAT INJURIES AND DAMAGES CAN OCCUR BY NATURAL CAUSES OR BY THE ACTS OF OTHER PERSONS OR THIRD PARITIES, EITHER AS A RESULT OF NEGLIGENCE OR BECAUSE OF OTHER REASONS. YOU ARE PERSONALLY RESPONSIBLE FOR ALL COSTS AND/OR RISKS ASSOCIATED WITH ANY PUBLIC OR PRIVATE EVENT, PARTICIPATION IN THE CARPOOL FEATURE OR ACTIVITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE TO WAIVEAND DISCHARGE ALL CLAIMS, RELEASE BIKENIGHTUSA FROM ALL LIABILITY AND INDEMNIFY AND HOLD HARMLESS BIKENIGHTUSA, ITS SUBSIDIARIES, AFFILIATES, PARENT COMPANY, OFFICERS, AGENTS, AND OTHER PARTNERS AND EMPLOYEES, FROM ANY AND ALL LIABILITY ON ACCOUNT OF, OR IN ANY WAY RESULTING FROM INJURIES AND DAMAGES IN ANY WAY CONNECTED WITH ANY EVENTS, THE CARPOOL FEATURE OR ACTIVITIES. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS, AND INCLUDES ANY MINORS ACCOMPANYING USER AT THE EVENTS.
Notwithstanding the foregoing, to the extent that any Content contains creative suggestions, recommendations, ideas, notes, drawings, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, our property. None of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, we shall exclusively own, and you assign to us, all right, title and interest in and to the Submissions of every kind and nature throughout the universe and we shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.
7. COPYRIGHT POLICY/INFRINGING MATERIAL: You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information owned or controlled by someone else without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the BikeNightUSA Service without your permission or in any way that constitutes copyright infringement, please provide BikeNightUSA with the following information: a description of the copyrighted work that you claim has been infringed; a description of where the material you claim is infringing is located on the BikeNightUSA Service; your address, telephone number, and email address; and a written statement by you stating that you have a good faith belief that the disputed use is not authorized by you, your agent, or the law; and a statement by you, made under penalty of perjury, that you own the claimed infringing material together with any evidence of such ownership. Please contact BikeNightUSA at the following address: Attention: General Counsel, BikeNightUSA, a division of IAC Search & Media, 555 12th Street, Suite 500, Oakland, CA 94607.
8. NO "SPAMMING": You must not use any feature of the BikeNightUSA Service for chain letters, junk mail, or "Spamming" nor make any use of the distribution lists in a manner involving any person who has not given specific permission to be included in such a process. An e-mail advertisement which is (a) addressed to a recipient with whom you do not have an existing business or personal relationship and (b) is not sent at the request of or with the express consent of the recipient to receive such communications from you ("Spam" or "Spamming") is strictly prohibited by BikeNightUSA. If you use any feature of the BikeNightUSA Service for the purpose of sending Spam, BikeNightUSA reserves the right to immediately terminate your access to the BikeNightUSA Service and to seek appropriate legal recourse as necessary. If you believe that other users are using the BikeNightUSA Service for Spam, please notify BikeNightUSA using the Customer Support Form, by flagging any posting that appears to be Spam for BikeNightUSA's review, or by emailing BikeNightUSA at email@example.com PLEASE NOTE that by posting a Public Event you are consenting to receive, and authorizing BikeNightUSA to forward to you, emails from other users. Such messages are not included in the above definition of Spam.
11. SECURITY: You are solely responsible for maintaining the confidentiality of your password and account. You are also solely responsible for any and all activities that occur under your account. You may change your password, or any other account information, at any time by following instructions available on your My Info Page or on your My BikeNightUSA Page. You may also set up a new account at your convenience. You agree to notify BikeNightUSA immediately of any unauthorized use of your account or any other breach of security known to you. You must promptly inform BikeNightUSA of actual or apparent breaches of security, such as loss, theft, or authorized disclosure or use of a User Account or password. Until BikeNightUSA is notified by email of a breach in security, you will remain liable for any unauthorized use of the BikeNightUSA Service through your account. In consideration for using the BikeNightUSA Service, you agree to: (1) provide certain current, complete, and accurate information about you when prompted to do so by the Service, and (2) maintain and update this information as required to keep it current, complete and accurate. If any information provided by you during your original registration or My Info Page sign-up is inaccurate, BikeNightUSA reserves the right to terminate your account immediately and your right to use the BikeNightUSA Service.
12. NO RESALE OR COMMERCIAL USE, ABUSE OF THE SERVICE: Your right to use the BikeNightUSA Service is personal to you. You agree not to resell or make any commercial use of the BikeNightUSA Service without the express consent of BikeNightUSA. You may not create bots or other computer generated automatic tools to create events, nor abuse the BikeNightUSA Service in any manner. Use that constitutes abuse shall be determined by BikeNightUSA in its sole discretion. BikeNightUSA reserves the right to terminate your account if BikeNightUSA determines you have not complied with this BTS.
13. USER CONDUCT: BikeNightUSA reserves the right, but does not assume the responsibility, to monitor or review your conduct on the BikeNightUSA Service. Your use of the BikeNightUSA Service is subject to all applicable local, state, national and international laws and regulations.
In using the BikeNightUSA Service you agree not to:
*Use the BikeNightUSA Service for illegal purposes;
*Interfere or disrupt networks connected to the BikeNightUSA Service or violate the regulations, policies or procedures of such networks;
*Use the BikeNightUSA Service in connection with chain letters, junk mail, surveys, contests, pyramid schemes, or use any distribution lists including any person who has not given specific permission to be included in such a process (commercial or otherwise);
*Harvest or otherwise collect information about other users, including e-mail addresses, without their consent;
*Transmit through the BikeNightUSA Service any unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, sexually explicit, or otherwise objectionable material of any kind or nature;
*Invade another's privacy or violate rights of publicity or intellectual property rights (including but not limited to copyright, trademark and patent rights) while using the BikeNightUSA Service;
*Transmit through the BikeNightUSA Service any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation;
*Interfere with another User's use and enjoyment of the BikeNightUSA Service;
*Defame, abuse, harass, stalk, threaten or violate the legal rights (such as rights of privacy and publicity) of any other user;
*Create a false identity for the purpose of misleading others as to your identity or the origin of a message;
*Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a user of the BikeNightUSA Service any directory of BikeNightUSA's users or usage information or any portion thereof other than in the context of your use of the Service as permitted under this BTS;
*Transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;
*Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; or
*Engage in any other conduct which, in BikeNightUSA's sole discretion, is considered inappropriate, unauthorized or objectionable.
14. INDEMNIFICATION: You agree to indemnify and hold BikeNightUSA, its parent company, subsidiaries, affiliate, officers, employees, agents, directors, successors and assigns harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the BikeNightUSA Service, the violation of this BTS by you, the infringement by you (or other user of the Service using your account) of any intellectual property or other right of any person or entity or violation of any federal, state or local law or regulation.
15. TERMINATION: You may terminate your participation in the BikeNightUSA Service with or without cause at any time and effective immediately. BikeNightUSA may terminate the BikeNightUSA Service or your use of the Service with or without cause at any time and effective immediately, at BikeNightUSA's sole discretion, including but not limited to immediate termination of your use of the BikeNightUSA Service should your conduct fail to conform to the terms and conditions of this BTS. BikeNightUSA shall not be liable to you or any third party for termination of the BikeNightUSA Service or termination of your use of the BikeNightUSA Service. Should you object to any terms and conditions of the BTS or any subsequent modifications BikeNightUSA makes to the BTS or become dissatisfied with the BikeNightUSA Service in any way, your only recourse is to immediately: (1) discontinue use of the BikeNightUSA Service; and (2) notify BikeNightUSA of your termination and, at your discretion, notify BikeNightUSA of the reasons for your termination. Upon termination of your use of the BikeNightUSA Service, your right to use the BikeNightUSA Service shall cease immediately. You shall have no right and BikeNightUSA will have no obligation thereafter to forward any unread or unsent messages to your or any third party on your behalf. Sections 2, 5, 6, 7, 10, 11, 14, 15, 16, 19, 20 and 21 shall survive termination of the BTS.
16. TRANSACTIONS WITH ORGANIZATIONS OR INDIVIDUALS: BikeNightUSA shall not be liable for your interactions with any organizations and/or individuals found on or through the BikeNightUSA Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such organizations and/or individuals. BikeNightUSA is under no obligation to become involved in disputes between participants on the BikeNightUSA Service, or between participants on the BikeNightUSA Service and any third party.
17. LINKS TO THIRD PARTY SITES: Any web sites that are accessible via links included within the BikeNightUSA Service that take you out of the BikeNightUSA Service are not under BikeNightUSA's control and BikeNightUSA shall not be responsible for the content, products or services of any linked website. All such websites shall be subject to the policies and procedures of the owner of such websites. We encourage you to read those policies and know your rights under any web site you visit.
18. VIOLATION OF TERMS BY OTHER USERS: BikeNightUSA asks that you participate in ensuring that all Users follow the terms of this BTS by reporting any Private BikeNightUSA invitations, Public Events or other postings or messages that violate these terms. To report a violation of this BTS, please email us at firstname.lastname@example.org.
19. DISCLAIMER OF WARRANTIES: YOU EXPRESSLY AGREE THAT YOUR USE OF THE BIKENIGHTUSA SERVICE IS AT YOUR SOLE RISK. THE BIKENIGHTUSA SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BIKENIGHTUSA EXPRESSLY DISCLAIMS 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. BIKENIGHTUSA MAKES NO WARRANTY THAT ITS SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT ITS SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. BIKENIGHTUSA MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. YOU ACKNOWLEDGE THAT BIKENIGHTUSA DOES NOT CONTROL CONTENT, INFORMATION, PRODUCTS OR SERVICES OFFERED BY ADVERTISERS, THIRD PARTIES OR OTHER USERS ON OR THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO INFORMATION, PRODUCTS, OR SERVICES PROVIDED BY LICENSE TO BIKENIGHTUSA FROM THIRD PARTIES OR CONTENT PROVIDED BY OTHER USERS. BIKENIGHTUSA ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, USEFULNESS OR DECENCY OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES (INCLUDING BUT NOT LIMITED TO ADVERTISERS AND USERS) THROUGH THE BIKENIGHTUSA SERVICE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR ATTEMPT TO DOWNLOAD ANY MATERIAL FROM THE BIKENIGHTUSA SERVICE. BIKENIGHTUSA MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ITS SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH ITS SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BIKENIGHTUSA OR THROUGH THE BIKENIGHTUSA SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
20. LIMITATION OF LIABILITY: BIKENIGHTUSA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF BIKENIGHTUSA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE (I) USE OR THE INABILITY TO USE THE SERVICE; (II) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (III) ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR CONTENT RECEIVED OR TRANSACTIONS ENTERED INTO WITH BIKENIGHTUSA OR A THIRD PARTY THROUGH THE USE OF THE BIKENIGHTUSA SERVICE; (IV) INACCURACY OF ANY INFORMATION OBTAINED FROM USE OF THE SERVICE OR RELIANCE ON SUCH INFORMATION; OR (V) UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR ALTERATION OF YOUR ACCOUNT OR DATA. YOU SPECIFICALLY AGREE THAT BIKENIGHTUSA IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY UNLAWFUL, HARASSING, DEFAMATORY, ABUSIVE, THREATENING, HARMFUL, VULGAR, OBSCENE, SEXUALLY EXPLICIT OR OTHERWISE OBJECTIONABLE CONDUCT OR SPEECH OF ANY OTHER PARTY ON OR THROUGH THE BIKENIGHTUSA SERVICE, OR FOR ANY INFRINGEMENT OR VIOLATION OF YOUR RIGHTS BY ANY OTHER PARTY, INCLUDING BUT NOT LIMITED TO INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.
21. GENERAL PROVISIONS: This BTS shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts of the State of California, provided, however, that BikeNightUSA, in its sole discretion, may elect to settle any litigation in any way arising out of or relating to this BTS through binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such arbitration shall be conducted in San Francisco, California, and judgment on the arbitration award may be entered into in any court having jurisdiction thereof. If any provision(s) of the BTS is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. BikeNightUSA's failure to exercise or enforce any right or provision of this BTS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by BikeNightUSA in writing. User and BikeNightUSA agree that any lawsuit arising out of or related to this Service must commence within one (1) year after the cause of action arises; otherwise, such cause of action is permanently barred. The section titles in this BTS are solely used for the convenience of the parties and have no legal or contractual significance.
22. MODIFICATIONS TO THE SERVICE AND TO TERMS OF SERVICE: BikeNightUSA reserves the right to modify or discontinue the BikeNightUSA Service with or without notice to you. BikeNightUSA shall not be liable to you if BikeNightUSA modifies or discontinues its Service. BikeNightUSA may change the terms and conditions of the BTS at any time in its sole discretion. In the event of any material or substantial change in the terms and conditions of this BTS, BikeNightUSA may notify you via e-mail, and/or by posting an announcement of the changes together with a link to the new BTS on the BikeNightUSA Service. By using the BikeNightUSA Service after any change in the BTS you acknowledge and accept changes to the BTS.
LAST REVISED ON: January 25th, 2007