TERMS OF SERVICE
These TERMS OF SERVICE (this “Agreement”) concern the BikerBuddy.co website (together with
its pages and features, the “ Site”), the mobile software application commonly known as
the “BikerBuddy” app (together with its pages and features, the “ App”) and all associated
services (collectively, the “Services”). This Agreement is made and entered into by and
between you and any person helping you visit, access, register with or use the Site, the App and/or the Services
(collectively, “ you” or “your”), on the one side, and BikerBuddy
Lodging, LLC (“ BikerBuddy”), on the other side. You and BikerBuddy are sometimes referred
to herein each as a “Party” and together as the “ Parties.”
Please read this Agreement carefully before accessing or using the Site, the App or the Services because it constitutes a
legally binding agreement between you and BikerBuddy.
When you create, register with or log into an account through the Site or the App you are automatically accepting and agreeing
to the most-recent version of this Agreement.
Similarly, by visiting, accessing, registering with or using the Site or the App you are automatically accepting and agreeing
to the most-recent version of this Agreement, and your continuing visit, access, registration with or use of the
Site or the App reaffirms your acceptance and agreement in each instance.
If you do not accept and agree to this Agreement in its entirety, then you are strictly prohibited from visiting, accessing,
registering with or using the Site, the App or the Services.
BikerBuddy may supplement, amend or otherwise modify this Agreement at any time. Such modifications will be posted on this
or a similar page of the Site or the App, as applicable, emailed to the email address associated with your User Account
(defined below) or posted to your User Account (defined below), and shall be deemed effective as of their stated
effective or modification date. It is your responsibility to carefully review this Agreement and your User Account
(defined below) each time you visit, access, register with or use the Site, the App or the Services.
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Eligibility. The Site, the App and the Services are offered only to users eighteen (18) years of age or older, or otherwise
the age of majority in their respective jurisdictions, and who have accepted this Agreement. By visiting, accessing,
registering with or using the Site or the App, or by purchasing or using any products or services through the
Site or the App (including, without limitation, the Services), you represent and warrant to BikerBuddy that you
meet these eligibility requirements. You agree to comply with all applicable laws for visiting, accessing, registering
with and using the Site and the App and for purchasing and using any products or services through the Site or
the App, and you may only use them for lawful purposes.
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Privacy. BikerBuddy respects the privacy of others. BikerBuddy’s policies concerning the collection and use of your personal
information in connection with the Site and the App are set forth in the Privacy Policy, which you should carefully
review each time you visit, access, register with or use the Site or the App.
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User Account.
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Registration. As explained further herein, to secure the right to access and use the registration-only sections of the App
and the Services, you must register with and create a personal user account with BikerBuddy through the App
(“ User Account”), as well as further acknowledge your acceptance
of and agreement to this Agreement and those additional terms, conditions and policies referenced herein,
as BikerBuddy may require from time-to-time. As part of the registration process, you may be required to
satisfy certain conditions precedent imposed by BikerBuddy (including, for example, providing additional
information to BikerBuddy, and entering into additional agreements with BikerBuddy). Unless otherwise permitted
by BikerBuddy in writing, you may only have one (1) non-transferable User Account.
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User Account Activity and Information. You are responsible for all activity that occurs
under your User Account and prohibited from authorizing or allowing any third party to access or use your
User Account. Accordingly, you should take all steps necessary to protect and keep secret your User Account
details and access information (including your login name and password). You should also maintain accurate,
complete, and up-to-date information in your User Account (including, without limitation, maintaining a valid
and current payment method and email address) because your failure to do so may result in your inability
to access, use and/or receive all or any part of the Site, the App and/or the Services and/or BikerBuddy’s
termination of this Agreement. For security purposes, you shall immediately notify BikerBuddy if you suspect
a third party has gained access to or is using your User Account without authorization. For the avoidance
of doubt, BikerBuddy has the unencumbered right to access and use, and to allow its agents, employees, representatives,
contractors and vendors to access and use, the information in your User Account in order to facilitate the
exercise and performance of BikerBuddy’s rights and obligations under this Agreement, the operation of the
Site and the App, and/or any other the rights, obligations and services related to the subject matter of
this Agreement (including, without limitation, payments, and communications).
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Indemnification. If you fail to comply with any terms or conditions of sections 3(b) or 3(c) above (whether intentionally
or unintentionally), then you accept full responsibility for the consequences thereof (including, without
limitation, any unauthorized charges and payments, any unauthorized changes to your User Account information
and settings and any unauthorized access or use of your User Account), and agree to indemnify, release and
hold harmless BikerBuddy and BikerBuddy’s officers, directors, members, managers, owners, partners, agents,
employees, representatives, parents, subsidiaries, affiliates, successors, trustees, assigns, transferees,
contractors, vendors and licensees from and against any and all liabilities, claims, suits, demands, actions,
judgments, losses, damages, fines, penalties and expenses (including costs and reasonable outside attorney
fees) incurred by such indemnitees, or asserted against such indemnitees by third parties, arising out of
or in connection with your failure to comply with such terms or conditions.
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Description of Services. The Services include those which are described further herein. For additional information about
the Services, please visit the FAQ page of the Site. BikerBuddy reserves the right, but not the obligation, to
change or otherwise alter the scope of the Services as BikerBuddy sees fit in its sole discretion from time-to-time.
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Riders and Hosts. Certain users of the Site or the App are referred to herein as “Rider(s)” and “Host(s).” Riders are those
registered users of the Site or the App who use the Services to search for, reserve, pay for and/or stay
at lodgings offered by Hosts through the Site or the App. Hosts are those registered users of the Site or
the App who use the Services to offer, schedule, charge for and provide lodgings to Riders through the Site
or the App.
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Services. The Site and the App are technology platforms or marketplaces intended to enable you – as a Rider, Host or other
permitted user of the Site or the App, as applicable – to search for, arrange, reserve, schedule, pay for,
charge for, provide, communicate about and/or rate the provision of temporary lodgings to or for Riders (e.g.,
campsites, cabins, bed and breakfasts) and related travel and hospitality services. BikerBuddy does not itself
provide, and is not responsible for the provision of, such lodgings and related travel and hospitality services.
Rather, BikerBuddy merely provides the aforementioned technology platform or marketplace by way of the Site
or the App.
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Relationship.
You acknowledge and agree that BikerBuddy is merely a
technology services provider that offers a technology platform
or marketplace for such technology by way of the Site or the
App, and that BikerBuddy does not provide any products or
services of the type offered by any of the Hosts (including,
without limitation, lodgings, or travel and hospitality
services). Further, in no event shall this Agreement, the
performance of a Party’s rights or obligations under this
Agreement, the Site, the App, a Party’s visit to, access of,
registration with or use of the Site or the App, or a Party’s
offering, marketing, provision, performance, acceptance or use
of any product or service on, through or in relation to the
Site or the App create any type of fiduciary, franchise,
agency, employment, independent contractor, partnership, or
joint venture relationship between BikerBuddy, you or any other
users of the Site or the App.
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Ownership. The Site, the App and all elements and derivatives thereof (including, without limitation, all content, information,
source codes, object codes, data, instructions, documentation and expressions), as well as all copyrights, trademarks,
trade secrets and other intellectual properties of the foregoing, are owned, licensed or permissibly used by
BikerBuddy. In no event shall you have or retain any rights, titles or interests in or to the foregoing other
than those limited rights expressly granted to you under this Agreement. No rights or permissions granted to
you under this Agreement are coupled with an interest. Nothing contained in this Agreement shall be construed
as a waiver or limitation of BikerBuddy’s or its licensors’ respective rights and remedies under applicable law.
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Rights, Permissions and Consents.
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License of the Site. Subject to the terms and conditions of this Agreement, BikerBuddy grants you a limited, non-exclusive,
personal, freely-revocable, non-transferable and non-sub-licensable license to access and view the various
publicly displayed pages of the Site, and to view the information and content found thereon. Your unauthorized
use of the Site, the App or the Services, or any breach by you of this Agreement, automatically terminates
this license.
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License of the App. Subject to the terms and conditions of this Agreement, and any associated payment and registration obligations
as imposed by or with the prior consent of BikerBuddy, if you download a genuine copy of the App to your
Device, and if you further acknowledge your acceptance of and agreement to this Agreement, as well as those
additional terms, conditions and policies referenced herein, as BikerBuddy may require from time-to-time,
then BikerBuddy grants you a limited, non-exclusive, personal, freely-revocable, non-transferable and non-sub-licensable
license to access and use the App on said Device for the purpose of using the App as BikerBuddy intends for
end users of the App. You may not rent, lease, lend, sell, transfer, redistribute or sublicense the App;
and if you sell or otherwise transfer to a third party a Device on which the App is installed, then you must
remove the App from such Device before doing so. If you have a User Account in good standing, then said license
shall extend to the registration-only sections of the App through which registrants may utilize the Services
through the App in accordance with this Agreement. Your unauthorized use of the Site, the App or the Services,
or any breach by you of this Agreement automatically terminates this license.
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License of User Materials. All names, photographs, information, communications and any other content, names, likenesses,
voices and trademarks that you submit to or publish on or through the Site or the App, or that you submit
to or publish on an online social media account (e.g., Facebook, Twitter) that you own and link or otherwise
associate with the Site, the App or your User Account, if any and as applicable, is hereinafter defined as
the “ User Materials.” You hereby grant BikerBuddy an irrevocable,
non-exclusive, royalty-free, fully-paid, transferable, sub-licensable, perpetual and universe-wide license
for BikerBuddy to host, store, reproduce, transmit, distribute, sell, resell, license, sublicense, market,
modify, adapt, create derivative works, communicate, publish, syndicate, publicly perform, publicly display,
archive and otherwise use and exploit all or any part of such User Materials and any and all elements and
derivatives thereof, whether in original or modified form, in any language, for any commercial or non-commercial
purposes, and in any manner, medium or form, whether now known or hereinafter devised, and BikerBuddy may
do so without attribution to you, without your approval and without any obligation to verify, edit or remove
the same.
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Reservation of Rights. Nothing in this Agreement shall restrict or limit BikerBuddy’s rights, titles or interests in or to
the Site, the App, the User Materials or any elements or derivatives of the foregoing.
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Warnings; Disclaimers. Please note that the User Materials might become the subject of public disclosure. Thus, BikerBuddy
is not responsible for, and expressly disclaims any liability arising from or in connection with, its use
of any User Materials in accordance with the terms and conditions of this Agreement.
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Suspension or Termination of Service. BikerBuddy has the right, but not the obligation, to suspend or terminate the function
or existence of all or any part of the Site, the App, the Services and/or your User Account at any time, and
without notice or recourse, as BikerBuddy deems advisable in its sole discretion. BikerBuddy shall not be liable
to you or any third party(s) for any loss or damage that is caused by or arises from or in connection with any
such suspensions or terminations (including, without limitation and by way of example only, refunds, lost profits,
lost opportunities, monetary damages, disruption in or loss of service or loss of content).
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Payments.
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Payment Processing Vendor and Charges. All credit card, debit card and other monetary transactions on or through the Site
and/or the App occur through an online payment processing application that is provided by a third-party vendor(s).
You agree to pay all payment processing fees required by said third-party payment processing vendor(s) (as
directly charged by said vendor or passed on by BikerBuddy) applicable to each transaction to which you are
a party, as may be calculated and deducted by said vendor as an amount derived from the Transaction Fee (defined
below).
BikerBuddy’s relationship with its third-party payment
processing vendor(s), if any, is merely contractual in nature,
as it is nothing more than a third-party vendor and is in no
way subject BikerBuddy’s direction or control; thus, their
relationship is not, and should not be construed as, one of
fiduciaries, franchisors-franchisees, agents-principals,
employers-employees, partners, joint venturers, contractors or
the like.
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Payment Authorization. If you provide BikerBuddy with your payment information, then you authorize BikerBuddy to do the following
as BikerBuddy deems necessary, although BikerBuddy has no obligation to do so: (i) share your payment or
bank account information with its third-party payment processing vendor(s); (ii) obtain your updated payment
or bank account information from your payment issuer or bank, BikerBuddy’s third-party payment processing
vendor(s) and/or applicable third-party providers; and (iii) use your payment or bank account information
to charge or transact payments or expenses that accrue under your account(s) with BikerBuddy (including,
without limitation, your User Account) in accordance with this Agreement.
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Payment Obligations. You agree that you are responsible for the payment of all amounts that accrue under your account(s)
with BikerBuddy (including, without limitation, your User Account), BikerBuddy’s third-party payment processing
vendor(s) and any other third-party providers on, through or in relation to the Site, the App or the Services.
You also agree to be responsible for all payments, fines, penalties and other liabilities incurred by any
such person or entity that arises out of or relates to payments that you authorize or accept on, through
or in relation to the Site, the App or the Services, including, without limitation, all fees, penalties,
taxes and duties; and to be responsible for all expenses (including costs and reasonable outside attorney
fees) and interest incurred by any such person or entity to collect any overdue amounts.
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Waiver of Claims.
To the fullest extent permitted by law, you agree to waive all
claims against BikerBuddy related to any unauthorized payments
made on or through your account(s) with BikerBuddy,
BikerBuddy’s third-party payment processing vendor(s), any
other third-party providers and/or any other person or entity,
regardless of whether they are authorized or unauthorized.
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Accurate Payment Information. You represent and warrant to BikerBuddy that any payment information you provide on or through
the Site or the App is current, complete, and accurate; and that you will promptly notify BikerBuddy if your
payment information has changed (such as a change in address or expiration date), if your payment method
has been cancelled, or if you become aware of a breach of security.
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No Refunds. All sales and payments made on, through or in relation to the Site, the App or the Services are final, irrevocable
and not subject to or eligible for refund or return, in whole or in part, unless otherwise expressly stated
in this Agreement.
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Refusal of Products and Services. BikerBuddy has the right, but not the obligation, to refuse any and all of its products
and services to you (including, without limitation, the Services) if it suspects that you are in any way
involved in fraudulent or illegal activity (including, without limitation, the use of stolen credit cards).
BikerBuddy may contact your payment method issuer, law enforcement or others and share information relating
to your payments if BikerBuddy believes doing so will prevent a violation of the law or financial loss.
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Promotional Free Trials and Discounts. BikerBuddy reserves the right, but not the obligation, to afford you from time-to-time
as BikerBuddy sees fit a promotional free trial period(s) or discount(s) for accessing and using the registration-only
sections of the App and/or the Services. However, upon the expiration of any such promotional free trial
period or discount, you must further agree to the terms and conditions of this Agreement and pay the applicable
amounts in order to receive the continued right to access and use the registration-only pages of the Site,
the registration-only sections of the App, and/or the Services, as applicable.
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Currency. Unless otherwise stated, all payment amounts are quoted in United States dollars.
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Terms Specific to Riders. The following terms and conditions apply to you to the extent you are a Rider.
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Relationships.
You acknowledge and agree that BikerBuddy is merely a
technology services provider that offers a technology platform
or marketplace for such technology by way of the Site or the
App, and that BikerBuddy does not provide any products or
services of the type offered by any of the Hosts (including,
without limitation, lodgings, or travel and hospitality
services). You further acknowledge and agree that your
relationship to BikerBuddy and any other users of the Site or
the App (including, without limitation, Hosts, and other
Riders) is merely contractual in nature; that BikerBuddy does
not, and shall not be deemed to, direct or control any such
other users of the Site or the App generally or in their
respective performance under this Agreement (including, without
limitation, in connection with the offer, marketing, provision
or performance of any product or service by any Hosts, or the
acts, errors or omissions of any Hosts or other Riders); that
such other users retain the sole right to determine whether,
when, where, how, how long and for how much each of them will
offer, market, provide and perform their respective products
and services on, through or in relation to the Site or the App
(whether those products or services are arranged through the
Site, through the App or by other means as they deem
appropriate, respectively); that you retain the option to
cancel an accepted reservation or request for any products or
services offered, marketed, provided or performed on, through
or in relation to the Site or the App, subject to BikerBuddy’s
then-current cancellation policies; that BikerBuddy is not
responsible or liable for the acts, errors or omissions of any
such other users in relation to you or your request, acceptance
or use of any products or services offered, marketed, provided
or performed on, through or in relation to the Site or the App;
that you have the sole responsibility for any obligations or
liabilities to such other users or third parties that arise
from your request, acceptance or use of any products or
services offered, marketed, provided or performed on, through
or in relation to the Site or the App; and that you have no
authority to bind BikerBuddy to any agreements or obligations,
or to hold yourself out as an agent, employee, partner or
representative of BikerBuddy. Accordingly, in no event shall
this Agreement, the performance of a Party’s rights or
obligations under this Agreement, the Site, the App, a Party’s
visit to, access of, registration with or use of the Site or
the App, or a Party’s offering, marketing, provision,
performance, acceptance or use of any product or service on,
through or in relation to the Site or the App create any type
of fiduciary, franchise, agency, employment, independent
contractor, partnership, or joint venture relationship between
BikerBuddy, you or any other users of the Site or the App
(including, without limitation, Hosts, and other Riders).
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Service Fees, Commissions and Other Charges. You understand and acknowledge that you will be assessed and charged a fee(s)
or other expense(es) by the applicable Host every time that you reserve or stay at the temporary lodgings
offered by that Host on or through the Site or the App, order any products or services from that Host on
or through the Site or the App, order or become responsible for any incidentals related to the foregoing
(e.g., room service, property damage), or otherwise transact any business with that Host on, through or in
relation to the Site, the App or the Services, together with any and all taxes and duties which may apply
(e.g., service fees, sales taxes, occupancy taxes) (collectively, “ Service Fee(s)).”
In addition, you understand and acknowledge that for each Service Fee payable, you will also be assessed
and charged a commission fee by and payable to BikerBuddy calculated as an amount equal to FIFTEEN PERCENT
(15%) of that Service Fee (“Commission(s) ”). You agree that you are responsible
for the payment of all Service Fees, Commissions and other amounts that accrue under your User Account and
other account(s), if any, with BikerBuddy in relation to the foregoing.
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Cancellations. You may elect to cancel a particular reservation that you have made with a Host for lodgings through the Site
or the App at any time prior to scheduled “check-in” time for your reservation. If such cancellation occurs
within forty-eight (48) hours of the schedule “check in” time for your reservation, then payment of the applicable
Service Fees and Commissions will be fully process and shall not be subject to or eligible for refund or
return to your account(s) with BikerBuddy (including, without limitation, your User Account).
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Ratings.
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Rating Process. From time to time, you may be afforded an opportunity through the Site or the App to rate your experience
with a particular Host; and, likewise, that Host may be afforded the opportunity through the Site or
the App to rate his/her/its experience with you. All of your ratings should be honest, truthful and accurate.
You understand and acknowledge that no such ratings are influenced or controlled by BikerBuddy, and that
such ratings are the opinions of the person giving them and not BikerBuddy.
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Distributed Ratings. BikerBuddy shall have the right, but not the obligation, to use, share, display and otherwise publish
all or any part of your ratings of any Host and/or all or any part of any Host’s ratings of you, whether
in original or modified form, in any language, for any commercial or non-commercial purposes, and in
any manner, medium, or form, whether now known or hereinafter devised, as BikerBuddy may choose, and
BikerBuddy may do so without attribution to you, without your approval and without any obligation to
verify, edit or remove the same.
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No Control or Assurances. BikerBuddy does not control, and does not assure you or any other users of the Site or the App
about, the qualifications, skills, abilities, authorizations, qualifications, skills, abilities, authorizations,
licenses, certifications, reliability or safety of any other Riders, any Hosts, the respective businesses,
lodgings or related travel and hospitality services of any such Hosts, or otherwise.
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Communication Policy. Subject to the terms and conditions of this Agreement, you may send a Host a communication through
the App and, unless otherwise expressly indicated to you by the Host, by email, phone or text message, provided
that such communication relates to the scheduling or fulfillment of temporary lodgings or related travel
or hospitality services reserved or ordered by you on or through the Site or the App; and, likewise, the
Host may communicate with you through the App and, unless you otherwise expressly indicated to the Host,
by email, phone or text message. It is not appropriate for you to send any other user any communication on,
through or in relation to the Site or the App concerning any subjects besides the foregoing as indicated.
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Terms Specific to Host. The following terms and conditions apply to you to the extent you are a Host.
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Relationships.
You acknowledge and agree that BikerBuddy is merely a
technology services provider that offers a technology platform
or marketplace for such technology by way of the Site or the
App, and that BikerBuddy does not provide any products or
services of the type offered by any of the Hosts (including,
without limitation, lodgings, or travel and hospitality
services). You further acknowledge and agree that your
relationship to BikerBuddy and any other users of the Site or
the App (including, without limitation, Riders, and other
Hosts) is merely contractual in nature; that BikerBuddy does
not, and shall not be deemed to, direct or control you or any
such other users of the Site or the App generally or in their
respective performance under this Agreement (including, without
limitation, in connection with the offer, marketing, provision
or performance of any product or service by any Hosts, or the
acts, errors or omissions of any Riders or Hosts); that you
such other users retain the sole right to determine whether,
when, where, how, how long and for how much each of them will
offer, market, provide and perform their respective products
and services on, through or in relation to the Site or the App
(whether those products or services are arranged through the
Site, through the App or by other means as they deem
appropriate, respectively); that you retain the option to
accept, decline or ignore any such other users’ request for
products or services offered by you on, through or in relation
to the Site; that you retain the option to cancel an accepted
reservation or request for any products or services offered,
marketed, provided or performed by you on, through or in
relation to the Site or the App, subject to BikerBuddy’s
then-current cancellation policies; that BikerBuddy is not
responsible or liable for the acts, errors or omissions of you,
any such other users in relation to you or your offering,
marketing, provision or performance of any products or services
on, through or in relation to the Site or the App; that you
have the sole responsibility for any obligations or liabilities
to such other users or third parties that arise from your
offering, marketing, provision or performance of any products
or services on, through or in relation to the Site or the App;
and that you have no authority to bind BikerBuddy to any
agreements or obligations, or to hold yourself out as an agent,
employee, partner or representative of BikerBuddy. Accordingly,
in no event shall this Agreement, the performance of a Party’s
rights or obligations under this Agreement, the Site, the App,
a Party’s visit to, access of, registration with or use of the
Site or the App, or a Party’s offering, marketing, provision,
performance, acceptance or use of any product or service on,
through or in relation to the Site or the App create any type
of fiduciary, franchise, agency, employment, independent
contractor, partnership, or joint venture relationship between
BikerBuddy, you or any other users of the Site or the App
(including, without limitation, Riders, and other Hosts).
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Performance and Expenses. You acknowledge and agree that you are solely responsible for, and that you, and not BikerBuddy,
have sole control over, the following: (i) determining the most effective, efficient and safe manner to provide
and perform the temporary lodgings and related travel and hospitality services associated with each transaction
on, through or in relation to the Site or the App to which you are a party; (ii) providing, at your own expense,
all supplies, materials, facilities and equipment necessary for you to provide and perform the temporary
lodgings and related travel and hospitality services associated with each transaction on, through or in relation
to the Site or the App to which you are a party; (c) paying for all expenses incident to your provision and
performance of the temporary lodgings and related travel and hospitality services associated with each transaction
on, through or in relation to the Site or the App to which you are a party; and (d) operating your business(es)
of providing and performing the temporary lodgings and related travel and hospitality services associated
with each transaction on, through or in relation to the Site or the App to which you are a party, whether
offered through the Site, the App or other means you deem appropriate, and whether in your name individually
or in the name of a business.
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No Control or Assurances. BikerBuddy does not control, and does not assure you or any other users of the Site or the App
about, the qualifications, skills, abilities, authorizations, qualifications, skills, abilities, authorizations,
licenses, certifications, reliability or safety of any Riders, any other Hosts, the respective businesses,
lodgings or related travel and hospitality services of you or any other Hosts, or otherwise.
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Facilitation. Through your User Account, you will setup and maintain a unique profile for other users to review through the
Site or the App, as well as designate and maintain current, complete and accurate information about the temporary
lodgings and related travel and hospitality services that you offer to Riders (e.g., type of lodgings and
services, amenities, rates, vacancies). Regardless of whether you are logged into your User Account, Riders
may have the opportunity to reserve temporary lodgings with you or order services from you in accordance
with the information provided through your User Account. If a Rider reserves temporary lodgings with or orders
other services from you through the Site or the App when such lodgings or services are in fact unavailable,
then said Rider might be entitled to a full or partial refund of the applicable Service Fee, and you might
be charged the applicable payment processing fee and/or Commission by BikerBuddy and/or BikerBuddy’s third-party
payment processing vendor.
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Communication Policy. Subject to the terms and conditions of this Agreement, you may send a Rider a communication through
the App and, unless otherwise expressly indicated to you by the Rider, by email, phone or text message, provided
that such communication relates to the scheduling or fulfillment of temporary lodgings or related travel
or hospitality services reserved or ordered by the Rider on or through the Site or the App; and, likewise,
the Rider may communicate with you through the App and, unless you otherwise expressly indicated to the Rider,
by email, phone or text message. It is not appropriate for you to send any other user any communication on,
through or in relation to the Site or the App concerning any subjects besides the foregoing as indicated.
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Insurance. You are encouraged, at your own expense, and as it befits any owner or operator of a business, to secure and maintain
commercially reasonable liability insurance which covers against claims of personal injury and property damage
arising from your provision or performance of temporary lodgings or related travel or hospitality services.
If you have any questions or concerns about the scope or applicability of your insurance options or insurance
coverage, then it is your responsibility, not that of BikerBuddy, to resolve them with your insurer(s). BikerBuddy
is not responsible for securing or paying for any insurance relating to you or your provision or performance
of any temporary lodgings or related travel or hospitality services.
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Service Fee. Subject to the terms and conditions of this Agreement, for each transaction between you and a Rider that takes
place on or through the Site or the App, you shall be entitled to receive on a per transaction basis an amount
calculated as being equal to the Service Fee for that transaction, less any applicable refunds and credit-backs;
and BikerBuddy shall be entitled to receive the Commission for that transaction. The foregoing amounts shall
be calculated and paid by BikerBuddy’s third-party payment processing vendor from the Service Fee. For the
avoidance of doubt, BikerBuddy is responsible for the payment of any payment processing fees owed to said
third-party payment processing vendor; and Host is responsible for the calculation and payment of any applicable
taxes, duties and other expenses related to Host provision and performance of any products and services which
Host offers, markets, provides or performs on, through or in relation to the Site or the App.
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Ratings.
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Rating Process. From time to time, you may be afforded an opportunity through the Site or the App to rate your experience
with a particular Rider; and, likewise, that Rider may be afforded the opportunity through the Site or
the App to rate his/her/their experience with you or about your business(es). All of your ratings should
be honest, truthful and accurate. You understand and acknowledge that no such ratings are influenced
or controlled by BikerBuddy, and that such ratings are the opinions of the person giving them and not
BikerBuddy.
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Distributed Ratings. BikerBuddy shall have the right, but not the obligation, to use, share, display and otherwise publish
all or any part of your ratings of any Rider and/or all or any part of any Rider’s ratings of you or
your business(es), whether in original or modified form, in any language, for any commercial or non-commercial
purposes, and in any manner, medium, or form, whether now known or hereinafter devised, as BikerBuddy
may choose, and BikerBuddy may do so without attribution to you, without your approval and without any
obligation to verify, edit or remove the same.
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Taxes. Each Party shall be solely responsible for the payment of all taxes on the general operation of its business (including,
without limitation and by way of example only, domestic, foreign, international, federal, state and local income
taxes, franchise taxes, and FICA). Further, each Host is responsible for calculating the amount of, and determining
its obligation to report, collect and pay, or to cause those Riders it conducts business with to pay, all applicable
sales taxes, occupancy taxes and other taxes and duties which may apply. Nothing contained herein shall be construed
as requiring a Party to compensate the other Party for any adverse tax effect associated with any payments or
withholdings.
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Electronic Communications – BikerBuddy.
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Express Consent. You hereby expressly consent to BikerBuddy and its affiliated companies sending or otherwise communicating
with you for any purpose (including, without limitation, for advertising, telemarketing, or other marketing
or promotional purposes, or for sending or notifying you about special offers, updates, newsletters or other
informational purposes) via any electronic means or forms as BikerBuddy deems appropriate in its sole discretion,
whether through the Site, through the App, through your User Account, by personal communication, by email,
by automatic telephone dialing system, by artificial or prerecorded voice, by online social media, by text
message (e.g., short message service a/k/a SMS, and multimedia messaging service a/k/a MMS) or by other electronic
media means or forms. By giving such consent, you agree that no such communication shall violate the Telephone
Consumer Protection Act, the CAN-SPAM Act or any other applicable laws, rules or regulations. Voice, message,
and data fees, rates, charges and/or taxes may apply to you, and you are responsible for payment of the same.
You are not required to grant the foregoing consent as a condition for purchase or license of any BikerBuddy
products or services.
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Email Opt-Out. You may opt-out of receiving any emails as described in section 12(a) above any time by following the opt-out
instructions in any such emails you have received and would like to opt-out of. You acknowledge that opting
out of receiving any such communications may impact your receipt, the success, and/or the performance of
all or any part of the Site, the App, your User Account, BikerBuddy’s products or services (including, without
limitation, the Services), the Hosts’ products or services and/or your ability to receive certain messages
and/or notifications from BikerBuddy, the Riders or the Hosts.
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Text Message Opt-Out. You may opt-out of receiving any text messages (e.g., short message service a/k/a SMS, and multimedia
messaging service a/k/a MMS) as described in section 12(a) above at any time by following the opt-out instructions
in any such text messages you have received and would like to opt-out of. You acknowledge that opting out
of receiving any such communications may impact your receipt, the success, and/or the performance of all
or any part of the Site, the App, your User Account, BikerBuddy’s products or services (including, without
limitation, the Services), the Hosts’ products or services and/or your ability to receive certain messages
and/or notifications from BikerBuddy, the Riders or the Hosts.
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Other Opt-Outs. You may opt-out of receiving certain communications by providing BikerBuddy with an email to opt-out@bikerbuddy.co,
with a subject line of “Opt-Out of Communications,” a list in the body of the email that identifies the specific
type of communication(s) that is the subject of your opt-out request (e.g., communications by automatic telephone
dialing system), and a list in the body of the email that identifies the telephone number(s) or email address(es)
(as applicable depending on the specific type of communication(s) that is the subject of your opt-out request)
belonging to you which are the subject of your opt-out request. For certain telephone communications (e.g.,
communications by automatic dialing system), you may opt-out by using any other reasonable method delivered
to the appropriate BikerBuddy department. You acknowledge that opting out of receiving any such communications
may impact your receipt, the success, and/or the performance of all or any part of the Site, the App, your
User Account, BikerBuddy’s products or services (including, without limitation, the Services), the Hosts’
products or services and/or your ability to receive certain messages and/or notifications from BikerBuddy,
the Riders or the Hosts.
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Electronic Communications – Users.
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Express Consent. You hereby expressly consent to Riders (if you are a Host) and Hosts (if you are a Rider) sending or otherwise
communicating with you through the Site, through the App, through your User Account, by personal communication,
by telephone, by email or by text message (e.g., short message service a/k/a SMS, and multimedia messaging
service a/k/a MMS) in relation to the scheduling or fulfillment of temporary lodgings or related travel or
hospitality services reserved or ordered by or with you on or through the Site or the App. By giving such
consent, you agree that no such communication shall violate the Telephone Consumer Protection Act, the CAN-SPAM
Act or any other applicable laws, rules, or regulations. Voice, message, and data fees, rates, charges and/or
taxes may apply to you, and you are responsible for payment of the same. You are not required to grant the
foregoing consent as a condition for purchase or license of any products or services of BikerBuddy, such
Riders or such Hosts.
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Opt-Outs. In relation to the express consent to sending communications as described in section 13(a) above, and to the extent
applicable, you are responsible for fully complying with the Telephone Consumer Protection Act, the CAN-SPAM
Act and all other applicable laws, rules, or regulations; for providing and facilitating all applicable opt-out
notices and mechanisms; and for honoring all applicable opt-out requests. You acknowledge that opting out
of receiving any communications as described in section 13(a) above may impact your receipt, the success,
and/or the performance of all or any part of the Hosts’ products or services and/or your ability to receive
certain messages and/or notifications from the Riders or the Hosts.
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Indemnification. You hereby agree to indemnify, release and hold harmless BikerBuddy and BikerBuddy’s officers, directors,
members, managers, owners, partners, agents, employees, representatives, parents, subsidiaries, affiliates,
successors, assigns, transferees, trustees, insurers, contractors, vendors and licensees from and against
any and all liabilities, claims, suits, demands, actions, judgments, losses, damages, fines, penalties and
expenses (including costs and reasonable outside attorneys’ fees) incurred by such indemnitees, or asserted
against such indemnitees by third parties, arising out of or in connection with (i) your communications with
any other users of the Site or the App, and/or (ii) your failure to comply with the Telephone Consumer Protection
Act, the CAN-SPAM Act and all other applicable laws, rules or regulations.
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Disclaimer About Communications.
BikerBuddy is merely a technology services provider that offers
a technology platform or marketplace for such technology by way
of the Site or the App, such that BikerBuddy does not initiate
or control any communications made from one user of the Site or
the App to another. Accordingly, BikerBuddy expressly disclaims
and is not responsible for the communications of any user of
the Site or the App, including, without limitation, the
contents of those communications, the means or mediums by which
those communications are made, or the compliance of those
communications with the Telephone Consumer Protection Act, the
CAN-SPAM Act or any other applicable laws, rules or
regulations.
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Prohibited Activities. You shall not engage in any of the following activities at any time on, through or in relation to
the Site, the App or the Services: (a) the impersonation of any person or entity; (b) any act that infringes
or otherwise violates the intellectual property, privacy or publicity rights of any person or entity (including,
without limitation, the copyrights, trademarks, patents and trade secrets held by BikerBuddy or its licensors
with respect to the Site or the App); (c) the reproduction of the Site or the App or any information or content
found thereon or therein, in whole or in part, or the creation of any derivatives works of the foregoing (unless
expressly authorized by BikerBuddy herein); (d) the publication of any content that is objectionable or illegal
(including, without limitation, content that is indecent, obscene, infringing, an invasion of privacy, defamatory,
disparaging, false, deceptive, misleading, untruthful, fraudulent, threatening or abusive); (e) the publication
of a person’s or entity’s personal information or private facts without his/her/its prior written consent; (f)
the publication of any machine, computer or randomly generated content; (g) supplying or publishing any information
or statements to or through the Site or the App that is false, misleading, deceptive or incorrect; (h) any act
intended or designed to drive traffic to or boost the search rankings of third-party websites, networks, platforms,
servers or applications; (i) the systematic retrieval or copying of any information or content found on or through
the Site, the App or their servers to directly or indirectly create or compile, in whole or in part, a collection,
compilation, database or directory; (j) the use of any software, program, process, device, application or routine
(including, by way of example only, robots, scrapers, spiders, viruses, spyware and malware) to monitor, copy,
disrupt, damage, injure, interfere with or impermissibly access, in whole or in part, the Site, the App or their
servers; (k) any act that involves or concerns decrypting, security bypassing or circumventing, hacking, data
mining, data scraping, data harvesting, reverse engineering, decompiling, disassembling, attempting to derive
source code, modifying, copying or the like in relation to the Site, the App or their servers; (l) any act that
overloads, unreasonably disrupts, or unreasonably interferes with the infrastructure of the Site, the App or
their servers; (m) any act that gains or attempt to gain unauthorized access to computer systems, networks, information
or materials through the Site, the App or their servers; or (n) any other act that BikerBuddy becomes aware of
and believes in good faith is improper, illegal or harmful to the Site, the App, their servers or any person,
entity or property.
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Links to Other Sites, Apps, Networks, Platforms, and Servers.
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Linked Technologies. The Site, the App, the Services and/or any communications sent through or as a function thereof may
contain links to third-party websites, networks, platforms, servers and/or applications, and, similarly,
third-party websites, networks, platforms, servers and/or applications may contain links to the Site, the
App and/or the Services (collectively, “ Linked Technologies”).
The Linked Technologies include, without limitation, Google Maps API(s) which has its own respective terms
of service available at https://developers.google.com/maps/terms (last visited October 5, 2017), and which
you agree to be bound by if you use such Google Maps API(s) on or through the App. The Linked Technologies
are not under the control of BikerBuddy. The Site, the App, the Services and any such communications contain
the outgoing links as a convenience to you.
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Disclaimer About Linked Technologies. BikerBuddy is not responsible for any information, content, goods, services, promotions,
advertisements, programs, codes or other items which may be found on or excluded from the Linked Technologies
(including, without limitation and by way of example only, malicious software, spyware programs, inaccurate
information and illegal content). BikerBuddy does not make, nor has BikerBuddy made, any representations
or warranties (express, implied or otherwise) concerning the terms of use or service, privacy policies, agreements,
information, content, goods, services, promotions, advertisements, programs, codes or other items which may
be found on or excluded from the Linked Technologies; nor shall the fact that the Site or the App may link
to or from any Linked Technologies constitute an affiliation with, association with or endorsement of such
Linked Technologies or any information, content, goods, services, promotions, advertisements, programs, codes
or other items which may be found on or excluded from such Linked Technologies. If you decide to access any
Linked Technologies, then you do so at your own risk.
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Take Down. BikerBuddy reserves the right, but not the obligation, to take down or otherwise exclude from the Site and the
App, without notice or recourse, any communications, names, photographs, information and/or content made or submitted
by you or others on or through the Site or the App which BikerBuddy believes at any time and in its sole discretion
to be infringing or otherwise in violation of the proprietary, privacy or publicity rights of any person or entity;
plagiarizing; defamatory; disparaging; embarrassing towards any person or entity; disclosing of confidential,
private or personal information about or belonging to any person or entity; profane; indecent; obscene; racist,
sexist, or otherwise derogatory in terms of race, nationality, religion, gender, gender identification, sexual
orientation or otherwise; threatening; abusive; illegal; false; misleading; deceptive; inciting violence; hate
speech; and/or a political attack on a group or individual.
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Copyright Infringement. BikerBuddy respects the copyrights of others and prohibits users from uploading, posting, distributing,
or otherwise transmitting any materials on or through the Site or the App, or from engaging in any activities
on or through the Site or the App, which violate the copyrights of others. It is the policy of BikerBuddy to
terminate, and BikerBuddy reserves the right to terminate without penalty or recourse, in appropriate circumstances
the right of any subscriber and account holder (which may include, without limitation, you) to access, register
with and use the Site and the App who is a repeat copyright infringer. And if BikerBuddy becomes aware that a
user who is not a subscriber or account holder (which may also include, without limitation, you) is a repeat
copyright infringer, then it is the policy of BikerBuddy to take reasonable steps within its power to terminate,
and BikerBuddy reserves the right to terminate without penalty or recourse, in appropriate circumstances the
right of that user to access and use the Site and the App. The following procedures shall apply in the event
that you or another person or entity alleges that the reproduction, public performance, public display, digital
transmission or other use of a work found on the Site or the App infringes your copyright, the copyright of said
person or entity or any other intellectual property right owned by you or said person or entity. These procedures
are intended to comply with 17 U.S.C. § 512 and any other applicable laws. By visiting, accessing, registering
with or using the Site, the App, or the Services, you are automatically agreeing to comply with the following
procedures.
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Takedown Notice (Materials). To report any materials on the Site or App that violate the copyrights of others, you must send
BikerBuddy a written communication that includes substantially the following:
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A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly
infringed;
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Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online
site are covered by a single notification, a representative list of such works at that site;
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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 the
service provider to locate the material;
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Information reasonably sufficient to permit the service provider 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;
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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; and
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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.
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Takedown Notice (Information Location Tools). To report any information location tools (e.g., hyperlinks) on the Site or
the App that refer or link users to an online location containing infringing material or infringing activity,
you must send BikerBuddy a written communication that includes substantially the following:
-
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly
infringed;
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Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online
site are covered by a single notification, a representative list of such works at that site;
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Identification of the reference or link, to material or activity claimed to be infringing, that is to be removed or access
to which is to be disabled, and information reasonably sufficient to permit the service provider to locate
that reference or link;
-
Information reasonably sufficient to permit the service provider 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;
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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; and
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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.
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Counter-Notice. If you believe that any material you have uploaded, posted, distributed, or otherwise transmitted on the
Site or the App has been removed by mistake or misidentification, and if you have the right to upload, post,
distribute or otherwise transmit the material at issue, then you may send BikerBuddy a written communication
that includes substantially the following:
-
A physical or electronic signature of the subscriber;
-
Identification of the material that has been removed or to which access has been disabled and the location at which the material
appeared before it was removed or access to it was disabled;
-
A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled
as a result of mistake or misidentification of the material to be removed or disabled; and
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The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of
the Federal District Court for the judicial district in which the address is located, or if the subscriber’s
address is outside of the United States, for any judicial district in which the service provider may
be found, and that the subscriber will accept service of process from the person who provided notification
under 17 U.S.C. § 512(c)(1)(C) or an agent of such person.
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Copyright Administrator. The foregoing written communications (i.e., the above-described takedown notice, and the above-described
counter-notice) must be sent to the following designated agent of BikerBuddy:
BikerBuddy Lodging, LLC, Attn.: Copyright Agent, 2413 Dormarion Lane, Austin, Texas 78703, tel.: (800) 975-9816, email: copyrights@bikerbuddy.co
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User Representations, Warranties and Covenants. You represent, warrant and covenant to BikerBuddy that: (a) you are a natural
person and of eighteen (18) years of age or older, or otherwise the age of majority in your jurisdiction; (b)
you have read and understand this Agreement in its entirety; (c) you have the full right and authority to enter
into and abide by the terms and conditions of this Agreement; (d) you understand and acknowledge that by accepting
this Agreement you are giving up certain legal rights and remedies; (e) you voluntarily accept and agree to,
and will fully comply with, the terms and conditions of this Agreement; (f) you will not violate any applicable
international, federal, state or local laws which may concern the Site, the App, their servers, the Services
or any information, communications or content found on or through them; (g) you are the exclusive owner of all
rights, titles and interests in and to the User Materials (including, without limitation, all copyrights, trademarks,
patents, trade secrets, rights of publicity and rights of privacy) and/or, if applicable, have secured all necessary
rights and permissions from all subjects depicted in, and all persons and entities who contributed to, the User
Materials to allow for your performance and grant of rights hereunder; (h) the User Materials are wholly original
to you; (i) the User Materials do not and will not infringe upon or otherwise violate the proprietary, publicity
or privacy rights of any person or entity (including, without limitation, any copyrights, trademarks, patents
or trade secrets); (j) the User Materials do not and will not defame, disparage, embarrass or disclose confidential,
private or personal information about or belonging to any person or entity; (k) nothing contained in the User
Materials is or will be, or contains or will contain, links to material that is, profane, indecent, obscene,
threatening, abusive, illegal, false, misleading or any form of spam, malware, virus, bug, bot, spyware or other
malicious or tracking technology; (l) BikerBuddy is not required to seek the permission of or compensate any
third party(s) to exercise any of the rights granted by you under this Agreement; (m) no obligation, disability,
agreement or adverse claim exists that may restrict your performance or grant of rights hereunder; (n) all information
you provide to BikerBuddy in connection with your access or use of the Site, the App and the Services is truthful
and accurate; and (o) you are not listed on any United States government list of prohibited or restricted parties.
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Additional Host-Specific Representations, Warranties and Covenants. If you are a Host, then you further represent, warrant,
and covenant to BikerBuddy that: (a) you will comply with and will not violate any applicable international,
federal, state, or local laws in connection with your offer, marketing, provision and performance of all products
and services offered, marketed, provided or performed by you on, through or in relation to the Site or the App
(including, without limitation, your temporary lodgings and related travel and hospitality services), including,
without limitation and by way of example only, all property and land use laws, all health and safety laws, all
hotel and other temporary lodging laws, all food service and hospitality laws, all drug and alcohol laws, all
commercial zoning laws, and all advertising laws, or performance of the Fitness Services; (b) you are the exclusive
owner of all rights, titles and interests in and to the temporary lodgings and other products and services that
you offer, market, provide and perform to other users of the Site or the App (including, without limitation,
Riders), and that your offer, marketing, provision and performance of the same does not and will not violate
or contradict any agreements, deed restrictions, restrictive covenants, equitable servitudes, liens or any other
rights, titles, interests, duties, obligations, restrictions or encumbrances of, concerning, touching upon or
running with those temporary lodgings and other products and services; (c) you have all necessary licenses, certifications,
consents and permissions to offer, market, provide and perform all products and services offered, marketed, provided
or performed by you on, through or in relation to the Site or the App (including, without limitation, your temporary
lodgings and related travel and hospitality services); (d) neither Biker Buddy nor any Rider is required to seek
the permission of or compensate any third party in relation to any of the products and services offered, marketed,
provided or performed by you (including, without limitation, your temporary lodgings and related travel and hospitality
services); (e) all information that you provide to BikerBuddy and any other users of the Site or the App (including,
without limitation, Riders, and other Hosts) on, through or in relation to the Site, the App or any of the products
and services offered, marketed, provided or performed by you on, through or in relation to the Site or the App
(including, without limitation, your temporary lodgings and related travel and hospitality services) is complete,
accurate and truthful; and (f) all of the products and services offered, marketed, provided or performed by you
on, through or in relation to the Site or the App (including, without limitation, your temporary lodgings and
related travel and hospitality services) are safe, secure and of marketable quality.
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Disclaimers and Limitations.
-
General Disclaimer. Your visit, access, registration with or use of the Site, the App and/or any products or services made
available to you on, through or in relation to the Site or the App (including, without limitation, the Services,
and all temporary lodgings and related travel and hospitality services offered, marketed, provided and performed
by the Hosts) in any way is done at your own risk. The Site, the App, all information, communications, content,
features, products and services offered, marketed, sold, licensed or made available on, through or in relation
to the Site or the App (including, without limitation, the Services, and all temporary lodgings and related
travel and hospitality services offered, marketed, provided and performed by the Hosts) and the success,
functionality, quality, completeness, accuracy, reliability, marketability, safety or performance of the
Site, the App and such information, communications, content, features, products and services are provided
to you on an “as is,” “where is,” “as available,”
and “ with all faults” basis. BikerBuddy does not make, nor has BikerBuddy made, any representations
or warranties of any kind or nature (whether direct or indirect, oral or written or express or implied) to
you with respect to the Site, the App, any such information, communications, content, features, products
or services or their success, functionality, quality, completeness, accuracy, reliability, marketability,
safety or performance. BikerBuddy expressly disclaims any and all express warranties, implied warranties
(including, without limitation, implied warranties of merchantability, fitness for a particular purpose,
good faith and fair dealing, title, non-infringement, quality, safety, completeness, accuracy, reliability
and performance) and warranties arising from conduct, course of dealing, custom and usage in trade with respect
to the Site, the App, any such information, communications, content, features, products and services and
their success, functionality, quality, completeness, accuracy, reliability, marketability, safety or performance.
BikerBuddy does not make, nor has BikerBuddy made, any affirmation of fact, promise or warranty (express,
implied or otherwise) relating to the Site, the App, any such information, communications, content, features,
products or services or their success, functionality, quality, completeness, accuracy, reliability, marketability,
safety or performance that extends beyond the face of this Agreement or that has become any basis of any
bargain.
-
Disclaimer About Products and Services.
All descriptions, images, references, features, content,
specifications, products and prices of any products or services
offered on or through the Site or the App (including, without
limitation, the Services, and those products and services
offered, marketed, provided and performed by any Hosts) are
subject to change at any time and without notice to you.
Certain descriptions are approximate and are provided for
convenience purposes only. The inclusion of any such products
or services on, through or in relation to the Site or the App
does not imply or warrant that they are or will be available.
It is your responsibility to ascertain and obey all applicable
local, state, federal and international laws (including minimum
age requirements) in regard to the receipt, possession, use and
sale of any such product or service ordered or purchased on or
through the Site or the App. BikerBuddy reserves the right,
with or without prior notice to you, to do any one or more of
the following: (i) limit the available quantity of or
discontinue any such product or service; (ii) impose conditions
on the honoring of any coupon, coupon code, promotional code or
other similar promotion; (iii) bar you from making or
completing any transactions on or through the Site or the App;
and (iv) refuse to provide you with any such product or
service.
-
Disclaimer About Other Users and Their Products and Services. Your dealings and interactions with any other users of the
Site or the App (including, without limitation, Riders, and Hosts), and your use of any products or services
offered, marketed, provided or performed by any such other users (including, without limitation, temporary
lodgings, and related travel and hospitality services), in any way is done at your own risk; and BikerBuddy
expressly disclaims any and all liability arising from or in connection with, and shall not be responsible
for, any acts, errors or omissions of any such other users or the success, functionality, quality, completeness,
accuracy, reliability, marketability, safety or performance of any such products or services. BikerBuddy
does not control, has not investigated, and does not make any assurances to you or any other person or entity
about the qualifications, skills, abilities, authorizations, licenses, certifications, success, functionality,
quality, completeness, accuracy, reliability, marketability, safety or performance of any such other users
or their respective products or services (whether offered or marketed on, through or in relation to the Site
or the App or by other means). Accordingly, you acknowledge and agree that BikerBuddy has no responsibility
or liability to you related to any information, communications, content, features, products, or services
made, offered, marketed, sold, licensed, provided or performed to you by, or any interactions you may have
with, any such other users, except as expressly stated in this Agreement; that certain of those other users
may not be qualified, skilled, abled, authorized, licensed, certified, reliable or safe individuals or businesses;
that certain of those products or services may not be successful, functional, quality, complete, accurate,
reliable, marketable or safe; and that, despite such knowledge, you are willing to voluntarily interact with
such other users, as applicable, and to voluntarily offer, market, provide, perform, accept and use those
products and services, as applicable. There are no warranties (express, implied or otherwise) concerning
any such other users or their respective products or services that extend beyond the face of this Agreement.
-
Disclaimer About System Delays.
You understand and acknowledge that the Site, the App and the
Services may be subject to limitations, delays and other
problems inherent in the use of third-party communication
networks and facilities that are outside of BikerBuddy’s
control. Accordingly, BikerBuddy shall not be responsible for,
and expressly disclaims, any delays, failures, losses,
injuries, liabilities or damages associated with the Site, the
App or the Services which result from any system delays,
downtimes, interruptions or other failures of or problems with
the Site, the App or the Services which are outside of
BikerBuddy’s control (including, without limitation, scheduled
maintenance or network failure).
-
Disclaimer About Certain Information, Communications and Content. Any opinions, advice, reviews, statements, offers or other
information, communications or content found on, through or in relation to BikerBuddy, the Site, the App,
the Services, any users of the Site or the App, any products or services offered, marketed, provided or performed
by such users of the Site or the App or any other person, entity, product or service (including, without
limitation, advertisements, ratings, forums and social media pages) are those of their respective authors,
and not necessarily those of BikerBuddy; thus, they should not necessarily be relied upon. Such authors are
solely responsible for the accuracy of such information, communications or content. BikerBuddy does not guarantee,
adopt or endorse the accuracy, completeness, reliability or usefulness of any such information, communications
or content, even if BikerBuddy is the author. BikerBuddy is not responsible for the accuracy, completeness,
reliability or usefulness of any such information, communications or content. Under no circumstances shall
BikerBuddy be liable to you or any third parties for any loss or damage caused by or arising from or in connection
with your reliance on any such information, communications or content.
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Limitation of Liability.
In no event shall BikerBuddy or any of BikerBuddy’s officers,
directors, members, managers, owners, partners, agents,
employees, representatives, parents, subsidiaries, affiliates,
successors, trustees, assigns, transferees, contractors,
vendors or licensees be held liable to (or be obligated to
indemnify) you or any third party for any direct, indirect,
punitive or special damages (including, without limitation,
legal costs, attorney fees, lost profits, replacement costs or
repair costs) caused by or arising from or in connection with:
(i) your visit, access, registration with or use of the Site,
the App or the Services, or your inability to visit, access or
use the Site, the App or the Services; (ii) any products or
services made available on or through the Site or the App
(including, without limitation, the Services, and those
products and services offered, marketed, provided or promises
by any Hosts); (iii) any statements, content or conduct of any
third party on, through or in relation to the Site, the App or
any such products or services; (iv) any unauthorized access to
or alteration of your personal; (v) any hacking, denial of
service attacks, data security breaches or other third-party
conduct that may lead to a compromise of your personal
information or damage to your Device(s), software, operating
system(s), file(s), carrier(s), network(s) or User Account;
(vi) any transmission, download or infection of any software,
system, program, file, process, device, application or routine
(including, without limitation and by way of example only,
robots, scrapers, spiders, viruses, spyware and malware) that
may lead to a compromise of your personal information or damage
to your Device(s), software, operating system(s), file(s),
carrier(s), network(s) or User Account; (vii) the fact that you
have relied on any information, content or communications
published on, through or in relation to the Site, the App or
any such products or services; or (viii) any acts, errors or
omissions of any third-party providers. If you are dissatisfied
with the Site, the App or any products or services offered,
sold, licensed or made available on, through or in relation to
the Site or the App (including, without limitation, the
Services), then your sole and exclusive remedy is to
discontinue your access and use of the Site, the App and such
products and services.
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No Injunctive Relief. If BikerBuddy breaches or otherwise violates this Agreement, then you shall not be entitled to seek
or obtain, and you do hereby waive, any type of injunctive relief against the Site, the App and/or any products
or services made available on or through the Site or the App (including, without limitation, the Services)
as a result of such breach or other violation. For the avoidance of doubt, the foregoing limitation on injunctive
relief does not limit your ability to seek or recover any monetary remedies authorized by law in the event
of any such breach or other violation (except for those which are otherwise expressly precluded by this Agreement).
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Limitation of Remedies.
If BikerBuddy breaches or otherwise violates this Agreement,
then in no event shall you be entitled to recover any special,
incidental, consequential, speculative or punitive damages
arising out of or in relation to such breach or other
violation, even if BikerBuddy has been notified of the
possibility of such damages; and in no event shall BikerBuddy’s
liability under this Agreement exceed the amount of Transaction
Fees actually paid by you or the share of Transaction Fees
actually payable to you under this Agreement, as applicable,
within the six (6) month period immediately preceding the date
of such breach or other violation of this Agreement.
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Consumer Protections. The disclaimers and limitations set forth in this section 20 are not intended to limit liability or
alter your rights as a consumer that cannot be limited or altered under applicable law.
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Consumer Protections. The disclaimers and limitations set forth in this section 20 are not intended to limit liability or
alter your rights as a consumer that cannot be limited or altered under applicable law.
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General Release of Claims.
You hereby release and hold harmless BikerBuddy and BikerBuddy’s
officers, directors, members, managers, owners, partners, agents,
employees, representatives, parents, subsidiaries, affiliates,
successors, trustees, assigns, transferees, contractors, vendors
and licensees from and against all claims that you have or may have
against them for infringement, violation of the rights of privacy
or publicity, defamation, disparagement, personal injury, property
damage, negligence and/or any other legal theory arising from or in
connection with the Site, the App, the products or services made
available on or through the Site or the App (including, without
limitation, the Services, and those products and services offered,
marketed, provided or promises by any Hosts) and/or the rights and
privileges granted or conveyed by you under this Agreement
(including, without limitation, those rights and privileges
relating to the User Materials and/or any elements, derivatives or
marketing of the foregoing). Further, you waive your right to, and
in no event shall you seek to, enjoin BikerBuddy, any of
BikerBuddy’s officers, directors, members, managers, owners,
partners, agents, employees, representatives, parents,
subsidiaries, affiliates, successors, trustees, assigns,
transferees, contractors, vendors or licensees or any exercise of
the rights or privileges granted or conveyed by you under this
Agreement (including, without limitation, the User Materials).
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Indemnification. You hereby agree to indemnify, release and hold harmless BikerBuddy and BikerBuddy’s officers, directors,
members, managers, owners, partners, agents, employees, representatives, parents, subsidiaries, affiliates, successors,
assigns, transferees, trustees, insurers, contractors, vendors and licensees from and against any and all liabilities,
claims, suits, demands, actions, judgments, losses, damages, fines, penalties and expenses (including costs and
reasonable outside attorneys’ fees) incurred by such indemnitees, or asserted against such indemnitees by third
parties, arising out of or in connection with (a) your acts, errors or omissions, (b) your use of the Site, the
App or any products or services made available on or through the Site or the App (including, without limitation,
the Services) in any manner contrary to the terms and conditions of this Agreement, (c) your violation of the
rights of or other injury to any third party, and/or (d) your breach of all or any part of this Agreement.
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Term; Termination; Survival. This Agreement shall continue and remain in effect until it is terminated in accordance with
the terms and conditions of this Agreement. BikerBuddy may terminate this Agreement at any time, for any or no
reason, and without notice to you (including, without limitation, if BikerBuddy believes that you have violated
or acted inconsistently with any term or condition of this Agreement). You may terminate this Agreement at any
time and for any or no reason if you are a registered user of the App by cancelling your User Account. If this
Agreement is terminated for any reason, then all rights granted to you under this Agreement shall automatically
revert back to BikerBuddy, and the following shall survive in perpetuity: (a) all defined terms under this Agreement;
(b) all rights and privileges under this Agreement which were granted to and/or accrued in favor of BikerBuddy
and/or any of BikerBuddy’s officers, directors, members, managers, owners, partners, agents, employees, representatives,
parents, subsidiaries, affiliates, successors, trustees, assigns, transferees, contractors, vendors or licensees
as of the date of this Agreement’s termination; (c) all payments which accrued as of the date of termination;
(d) all disclaimers, limitations of liability and limitations of remedies; and (e) all representations, warranties,
covenants, certifications, releases, indemnifications and promises made by you under this Agreement.
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Governing Law. This Agreement, the additional terms, conditions, and policies referenced herein (including, without limitation,
the Site’s and the App’s Privacy Policy),
your visit, access, registration with or use of the Site, the App or the Services, any transactions made on,
through or in relation to the Site, the App or the Services, the Parties’ relationship and all disputes, controversies,
and claims arising from or in connection with any of the foregoing (whether grounded in contract, tort, statute,
law, or equity) shall be governed, interpreted, construed and enforced in accordance with the laws of the State
of Texas in the United States of America and applicable federal law of the United States of America, regardless
of its place of execution, its place of performance, and any conflicts of law analysis. For the avoidance of
any doubt, the United Nations Convention on Contracts for the International Sale of Goods shall have no application
whatsoever.
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Dispute Resolution.
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Binding Arbitration; Waiver. Each Party hereby irrevocably submits all disputes, controversies and claims arising from or
concerning this Agreement, any additional terms, conditions, or policies referenced in this Agreement, your
visit, access, registration with or use of the Site, the App or the Services, any transactions made on, through
or in relation to the Site, the App or the Services, and/or the Parties’ relationship (whether grounded in
contract, tort, statute, law or equity) (collectively, the “ Dispute(s)”)
to binding arbitration administered by Judicial Arbitration and Mediation Services, Inc. (a/k/a JAMS) or
its successor (“JAMS”) for the resolution thereof, and such arbitration shall be
the sole and exclusive method for resolving the Disputes. The arbitration shall be binding, final and confidential.
Each Party acknowledges and agrees that he/she/it is waiving
the right to a trial by jury or to participate as the member of
a class in any purported class action proceeding.
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Arbitration Rules. The arbitration shall be conducted before a single arbitrator under the then-current JAMS Comprehensive
Arbitration Rules & Procedures (the “ JAMS Rules”), as supplemented
by the Federal Rules of Civil Procedure and the Federal Rules of Evidence if and where applicable as a gap-filler.
If there is any conflict between a provision of the JAMS Rules, the Federal Rules of Civil Procedure, the
Federal Rules of Evidence, or this Agreement, then the conflicting provision of this Agreement shall control
and govern over the JAMS Rules, the Federal Rules of Civil Procedure and the Federal Rules of Evidence; and
the JAMS Rules shall control and govern over the Federal Rules of Civil Procedure and the Federal Rules of
Evidence. The construction, interpretation, and enforcement of this section 25 is governed by the Federal
Arbitration Act, 9 U.S.C. §§ 1 et seq.
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Arbitration Process, Location, and Procedures. The Party initiating the arbitration proceeding shall serve a written notice
of arbitration on the other Party in accordance with the JAMS Rules. The arbitration shall be held in Travis
County, Texas, United States of America or, if that is an unavailable venue, Dallas County, Texas, United
States of America. The arbitration shall be conducted in the English language. The arbitrator shall be selected
in accordance with the JAMS Rules, unless otherwise agreed to by the parties to the arbitration. All issues
or questions concerning either the scope of this arbitration clause or the arbitrability of any of the Disputes
shall be referred to and finally decided by the arbitrator. The arbitrator may construe or interpret, but
shall not vary or ignore, the terms and conditions of this Agreement and shall be bound by applicable law.
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Arbitration Decisions and Awards. The arbitrator shall render a written final decision on the subject Dispute as soon as
practicable and in any event not more than forty-five (45) days after the close of evidence and briefing.
The arbitrator’s decision shall be written, shall be in accordance with applicable law, and shall be supported
by written findings of fact and conclusions of law setting forth the basis for his/her decision. The arbitrator
shall have no authority to award punitive, exemplary or consequential damages, unless such an award is authorized
by applicable law. The arbitrator shall have the authority to award attorney fees and expenses if such an
award is permitted under this Agreement or applicable law. Subject to any applicable rights of appeal, the
final decision of the arbitrator shall be binding and conclusive upon all of the Parties who have been served
with proper written notice of the arbitration proceeding as required by this section 25. Judgment on any
award rendered by the arbitrator may be confirmed in any state or federal court having jurisdiction thereof
that is located in the State of Texas, and may be entered in and enforced by any domestic, foreign, or international
court having appropriate subject matter jurisdiction. Any decision, judgment, ruling, finding, award or other
determination of the arbitrator and any information disclosed in the course of any arbitration hereunder
shall be kept confidential by the Parties, and any court order to enforce the decision, judgment, ruling,
finding, award or other determination of the arbitrator shall be filed under seal.
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Arbitration Fees and Expenses. JAMS’s administrative and filing fees, the arbitrator’s fees and expenses and all other fees
and expenses charged by JAMS and/or the arbitrator to administer or conduct the arbitration shall be shared
equally among all parties to the arbitration; provided, however, that the prevailing party of the arbitration
may recover an award of its share of such fees and expenses if such an award is permitted under this Agreement
or applicable law.
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Litigation; Waiver. In the event a particular Dispute is not subject to arbitration (whether by decision of an arbitrator
with binding authority, or otherwise according to this Agreement or applicable law), each Party hereby irrevocably
submits to the exclusive personal jurisdiction and venue of the state courts of the State of Texas in Travis
County, Texas, United States of America and the United States federal courts in the Western District of Texas,
Austin Division, for the litigation of said Dispute, and covenant and agree that neither of the foregoing
is an inconvenient venue or forum.
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Waiver of Jury Trial and Class Action.
Regardless of whether a particular dispute is subject to
arbitration or litigation, each Party does hereby waive
his/her/its right to a trial by jury, to participate as the
member of a class in any purported class action or other
proceeding or to name unnamed members in any purported class
action or other proceedings.
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Notice. Unless otherwise expressly stated in this Agreement, BikerBuddy may give or deliver all other notices to you by means
of a general notice posted on this or a similar page of the Site or the App, as applicable, by email to the email
address associated with your User Account or by posting to your User Account, and shall be deemed effective as
of their stated effective dates.
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Relationship. In no event shall this Agreement, the Site, the App, the Services, the exercise or performance of a Party’s
rights or obligations under this Agreement, or a Party’s visit to, access of, registration with or use of the
Site, the App or the Services create any type of fiduciary, franchise, agency, employment, independent contractor,
partnership or joint venture relationship between you or BikerBuddy.
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Several Notes About This Agreement and Apple. The following addresses certain matters with respect to Apple Inc. (“ Apple”)
and/or the so-called “Usage Rules” set forth in Apple’s App Store Terms of Service (located at http://www.apple.com/legal/internet-services/itunes/us/terms.html)
as of the effective date hereof (“ Apple’s Usage Rules”):
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Acknowledgement. The Parties hereby acknowledge that:
i. this Agreement is between the Parties only and not with Apple;
ii. Apple is not responsible for the App or the content thereof;
iii. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App;
iv. Apple is not responsible for addressing any claims you or any third party have or may have relating to the App or your
possession and/or use of the App, including, without limitation, (i) product liability claims, (ii) any claim that
such App fails to conform to any applicable legal or regulatory requirement, (iii) claims arising under consumer
production or similar legislation, and (iv) intellectual property infringement claims;
v. this Agreement’s usage rules for the App are not intended to be less restrictive than Apple’s Usage Rules;
vi. Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement; and
vii. Upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to
enforce this Agreement against you as a third-party beneficiary hereof.
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Amended Scope of Limited License – The App. If you download, access or use the App from
or through Apple’s App Store, then the limited license(s) granted to you hereunder with respect to the App
(see section 6(b) above) is/are hereby amended to add the following restriction: you may not use the App
on any device other than the Apple-brand device (e.g., iPhone, iPod Touch, iPad) that you own or control
or in any manner that is contrary to Apple’s Usage Rules.
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Miscellaneous.
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Electronic Signatures. If your acceptance of this Agreement is further evidenced by your affirmative assent to the same (e.g.,
by a “check the box” acknowledgment procedure), then that affirmative assent is the equivalent of your electronic
signature to this Agreement. However, for the avoidance of doubt, your electronic signature is not required
to evidence or facilitate your acceptance and agreement to this Agreement, as you agree that the conduct
described in this Agreement as relating to your acceptance and agreement to this Agreement alone suffices.
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Excused Performance. BikerBuddy is hereby excused for any failure to perform under this Agreement to the extent that its
performance is prevented by any reason outside of its reasonable control or that may be characterized as
a force majeure event.
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Assignment and Delegation. You shall not assign, delegate, or otherwise transfer any of your rights or obligations under
this Agreement without BikerBuddy’s prior written consent in each instance.
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Construction and Interpretation. This Agreement shall be construed to have been drafted by all of the Parties, so that any
rule of construction or interpretation that construes or interprets ambiguities against the drafter shall
have no force or effect.
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Headings. Section headings are inserted in this Agreement for reference and convenience only and shall not interpret, define,
limit or describe the scope, intent, terms or conditions of this Agreement.
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Severability. If any term or condition of this Agreement is deemed invalid or unenforceable by the arbitrator or (if applicable)
a court of law with binding authority, then the remaining terms and conditions shall not be affected, and
said arbitrator or court of law shall reform the invalidated or unenforceable term or condition to the maximum
extent permitted under the law and consistent with the intent of this Agreement.
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Entire Agreement. This Agreement, together with those additional terms, conditions, and
policies referenced herein and/or made available herein by hyperlink (including, without limitation, the
Site’s and the App’s Privacy Policy),
constitutes the entire agreement and understanding between the Parties with respect to the subject matter
hereof; supersedes any prior agreements and understandings, if any, between the Parties with respect to such
subject matter; and shall inure to the benefit of and be binding upon the Parties and their respective successors
and assigns.
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Contact Us. Please direct any questions you may have about the Site, the App, the Services or this Agreement to help@bikerbuddy.co,
with a subject line of “BikerBuddy Question.” The foregoing contact information may change from time-to-time
by supplementation, amendment, or modification of this Agreement.
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Last Modified. This Agreement was last modified on October 15, 2017.