Terms of Use

This website is owned and operated by the British Columbia Cycling Coalition (“BCCC” or “We”).  By using or visiting the BCCC website (the “Site”) and/or utilizing the services through the Site, you (“You”) indicate your acknowledgement and acceptance of these Terms of Use (the “Terms of Use”). 

These Terms of Use may change from time to time, and you agree to be bound by any such changes when posted on this Site.  BCCC reserves all of its rights at law and equity, including the right to block access to this Site if you violate any of these Terms of Use.

IF YOU DO NOT AGREE TO THESE TERMS OF USE THEN YOU MAY NOT ACCESS THE SITE OR USE THE CONTENT OR ANY SERVICES THROUGH THIS SITE.  BCCC’S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSESSMENT TO THESE TERMS OF USE.

Use of The Site

Subject to your full compliance with these Terms of Use, BCCC provides to You certain services and content on the Site (the “Services”). Services include, but are not limited to, the provision of information related to bicycles and bicycling in the Province of British Columbia, and matters related therein, including provision of access to discussion forums (the “Forums”).

All of the Services are offered for your personal and non-commercial use. It is prohibited to use the Services and content of the Site for commercial or advertising purposes without the prior written consent of BCCC.

The Forums

In connection with the Site, BCCC hosts discussion Forums on the Site for users and subscribers (“Members”). Information posted on the Forums includes information posted, transmitted or uploaded by other Members (“User Forum Content”), some of whom may employ an anonymous username, as well as information provided by BCCC. Any Member failing to comply with these Terms of Use may be refused access to the Forums at any time. BCCC may remove or alter any user-created content posted on the Forums at any time for any reason. The Forums are intended to serve as discussion centres for Members, and any other Member can view any information posted on the Forums.

BCCC has no obligation whatsoever to monitor any of the Forums. However, You acknowledge and agree that We have the absolute right to monitor the same at our sole discretion. In addition, We reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason in our sole discretion and to remove and materials that violate these Terms of Use and/or disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, and the rights and freedoms of other Members.  You are solely responsible for interactions with other users of the Site.

BCCC uses reasonable efforts to ensure that the information contained on this Site is accurate at the time of its posting but does not in any way guarantee the currency, accuracy, completeness, non-infringement or authenticity of such information and the information may be superseded by a subsequent posting without notice.  BCCC expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, medical advice, information or statement made or displayed on this Site by third parties, nor are we responsible for any errors or omissions on the Site, or for hyperlinks embedded within the Site. Any action taken by You, based on information presented on the Site, is at your own risk. The opinions expressed on this Site and in the Forums by other Members are solely the opinions of the participants, and do not necessarily reflect the opinions of BCCC or any of its sponsors.  IN NO EVENT WILL BCCC OR ITS SPONSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE FORUMS OR SITE OR THE USER INFORMATION AVAILABLE OR REFERRED TO ON THIS PORTAL AND WEBSITE, OR ANY OTHER WEBSITE YOU MAY ACCESS THROUGH THIS SITE.

Ownership and Copyright

The information, content text, graphics, logos, images, audio clips, video clips, documents and software displayed on this Site (“Site Content”), excluding user content, which includes, but is not limited to User Forum Content (collectively “User Content”), is owned by BCCC or its licensors, as the case may be, and is protected by copyright laws.

You may download materials, including video and audio clips, displayed on the Site for supporting your use of the Site, provided that you retain all copyright and other proprietary notices contained in such materials.  BCCC hereby grants You a personal, non-transferable and non-exclusive license to access, read, play or download the Site Content for non-commercial purposes.

Restrictions

You shall not use the Site or Services, including uploading, posting or transmitting Use Content, to: participate in any fraudulent activities, to deliver or disseminate any unsolicited bulk or unsolicited commercial e-mail (“Spam”); deliver or disseminate any material or information of any kind that is libellous, defamatory, obscene, pornographic; abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity, including intellectual property rights; or impersonate any person or entity, including but not limited to BCCC.  Except as otherwise explicitly provided in these Terms of Use or as may be expressly permitted by applicable law, You will not, and will not permit or authorize any third party to: (i) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any of Site Content or Services; (ii) rent, lease or sublicense access to any of Site Content or Services; (iii) circumvent or disable any security or technological features or measures of the Site; (iv) use the Site in a manner that overburdens, or that threatens the integrity, performance, or availability of, the Site; (v) use any robot, spider, scraper or other automated means to access the Site, or attempting to “crash” a host; or (vi) remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on any portion of the Site.  You shall not use the Site or Services to advertise to or solicit, any user to buy or sell any products or services. It is also a violation of these Terms of Use to use any information obtained from the Services or Site to contact, advertise to, solicit, or sell to any user without their prior explicit consent.

Accounts, Passwords and Security.

In using the Forums, you will be required to open an account and complete the registration process by providing BCCC with current, complete and accurate information, as prompted by the applicable registration form.

You acknowledge that by providing any registration information to BCCC, which is untrue, inaccurate, not current or incomplete, BCCC reserves the right to terminate your continued access and use of the Site and/or Services. 

You are solely responsible for the activity that occurs on your account, and You must keep your account secure.  You shall not select or use as an account username a name of another person with the intent to impersonate that person; a name subject to any rights of a person other than you without appropriate authorization; or a name that is offensive, vulgar or obscene.  In such instances, BCCC reserves the right to terminate your continued access and use of the Site and/or Services. Subject to the foregoing, You may select any username provided it is not already in use.

You agree to notify BCCC immediately of any unauthorized use of your account or any other breach of security. BCCC will not be liable for any loss that You may incur as a result of someone else using your password or account, either with or without your knowledge. However, you may be held liable for any losses incurred by BCCC or another party due to someone else using your account or password.

User Content

You understand that BCCC does not guarantee any confidentiality with respect to any User Forum Content you submit to the Site and, any other Member may view and use such User Form Content.  The use, disclosure and treatment of all other User Content, including information you may provide in connection with using the Form Assessment Service, will be governed by our Privacy Policy, which is incorporated into these Terms of Use by this reference.

You shall be solely responsible for your own User Content and the consequences of submitting and publishing your User Content on the Site. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish, disclose or provide User Content you submit, including, but not limited to, obtaining applicable consents from identifiable individuals and, in the case of third party copyrighted material, permission from the rightful owner of the material and to grant BCCC all of the license rights granted herein.

For clarity, you retain all of your ownership rights in your User Content. However, with respect to User Forum Content, by submitting such User Content to the Site, you hereby grant BCCC a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, archive, transmit, cache, publicly display and otherwise use your Content in connection with the Service or Site and BCCC's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Content (and derivative works thereof) in any media formats and through any media channels.

Indemnification

You agree to indemnify and hold harmless BCCC, its affiliates, customers, vendors, officers, agents, contractors and employees, from all demands, claims, proceedings, awards, action, damages, losses, costs, charges and expenses, including legal fees, incurred by or made against BCCC, which result from or relate to your use of the Site or Services and any violation of these Terms of Uses, including, but not limited to, any violation of any third party rights with respect to your User Content.  You will give BCCC prompt notice of any such demand, claim or proceeding that you are aware of.

No Warranties

The services, including all information and content contained on this site, are provided on an "as is" and "as available" basis. Use of the Services is at your own risk. To the maximum extent permitted by applicable law, the services are provided without warranties of any kind, whether express or implied, including, but not limited to, non-infringement. No advice or information, whether oral or written, obtained by you from BCCCor through the service will create any warranty not expressly stated herein. Without limiting the foregoing, BCCC, its affiliates, and its licensors do not warrant that the user content or site content is accurate, reliable or correct; that the services will meet your requirements; that the services will be available at any particular time or location, uninterrupted or secure; or that any defects or errors will be corrected.  The site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.

BCCC does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site or any hyperlinked website or service. This Site may contain a number of links to third-party websites. BCCC does not control these linked sites, which you may use at your own risk, and is not responsible for the contents of any linked website, any link contained in a linked website, or any changes or updates to such websites. BCCC makes no representation, warranty or endorsement whatsoever about any other website which you may access through this Site.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall BCCC, its affiliates, agents, directors, employees, suppliers or licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, or other intangible losses, that result from the use of, or inability to use, this Site.

To the maximum extent permitted by applicable law, BCCC assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our Site; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Site; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through Our services by any third party; and/or (vi) any errors or omissions in any Site content or user content or for any loss or damage incurred as a result of the use of the Site. In no event will BCCC, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to BCCC for using the Services (if any).

Trademarks

The trademarks and logos displayed on this Site are the property of BCCC or other third parties. You are not permitted to use any of these trademarks without the prior written consent of BCCC or the third party.

Termination

BCCC may terminate or suspend any all Services, your access to the Site, and your account immediately, without prior notice or liability, if you breach any of the terms or rules of these Terms of Use, if there is a risk of harm to our property or third parties, or if we are required to in compliance with law.  BCCC will endeavour to provide you advance notice of any suspension or termination, but BCCC’s exercise of its rights hereunder will be without any liability to you whatsoever.

Upon termination of your account, your right to use the Services and Site will immediately cease.  If you wish to terminate your account, you may simply discontinue using the Services and withdraw or delete any User Content you may have uploaded.  All provisions of the Terms of Use which by their nature should survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability, will survive termination. 

Cookies

This Site uses cookies to identify users, compile Site usage statistics, and to provide customized services.  Cookies are small text files stored on your computer to identify your browser. Our use of cookies does not enable others to access your personal information.

Security

This Site uses administrative, contractual, physical, and technical means to protect against the unauthorized access to personal information, such as confidentiality agreements with employees, firewalls, Secure Sockets Layer protocol, disk based encryption, firewalls and user names and passwords.  Although BCCC takes reasonable steps concerning security of this Site, no Site is completely secure from unauthorized access.

Jurisdiction

This Site shall be governed by and construed in accordance with the laws of the province of British Columbia and the federal laws of Canada applicable therein. All disputes, proceedings or claims arising out of or in connection with this Site will be subject to the exclusive jurisdiction of the Courts of the Province of British Columbia.

General

No agency, partnership, joint venture, or employment is created as a result of these Terms of Use and you do not have any authority to bind BCCC in any respect whatsoever.  Any consent by a party to, or waiver of breach by the other, whether express or implied, will not constitute a consent to or waiver of or excuse for any other different or subsequent breach unless such waiver or consent is in writing and signed by the party claimed to have waived or consented.  Except as otherwise provided herein, no term or provision will be deemed waived and no breach excused. These Terms of Use constitute the entire agreement between the parties hereto with respect to the subject matter hereof and cancels and supersedes any prior understandings and agreements between the parties hereto with respect thereto.  In the event that any one or more provisions contained in these Terms of Use are held to be invalid, illegal or unenforceable, such invalidity, illegality or unenforceability will not affect any other provisions of these Terms of Use and these Terms of Uses will be construed as if such invalid, illegal or enforceable provision had never been contained herein.

Contacts

If you have any questions concerning these Terms of Use, please use the Contact Us page on this Site.