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MOi Cycle and CoachBar Network Terms of Use

Legal Information & Notices


THE LEGAL AGREEMENT (“AGREEMENT”) SET OUT BELOW GOVERN YOUR USE OF THE MOI CYCLE WEB SITE LOCATED AT MOICYCLE.COM, AND ALL ASSOCIATED SITES LINKED TO MOI CYCLE BY COACHBAR, ITS SUBSIDIARIES AND AFFILIATES, INCLUDING MOI CYCLE AND COACHBAR SITES AROUND THE WORLD, COACHBAR SOFTWARE AND SERVICE (collectively the “CoachBar Network”).  PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SITE.

BY USING THE COACHBAR NETWORK, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE COACHBAR NETWORK.

Last updated: June 9, 2020

Agreement to Terms of Use

CoachBar Network reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the CoachBar Network following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, MOi Cycle grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the CoachBar Network.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, videos, rides, written cycling charts, cycling plans, cycling educational materials, videos, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the CoachBar Network is owned, controlled or licensed by or to CoachBar, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the CoachBar Network and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without CoachBar’s express prior written consent.

You may use information on CoachBar products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by CoachBar for downloading from the CoachBar Network, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

CoachBar Network Terms And Conditions

CoachBar is the creator and provider of the CoachBar PASS, which, upon purchasing, permits you to access online training materials including but not limited to: videos, podcasts, documentation, interfaces, content, fonts, educational materials, and any data accompanying this Agreement, for end user use only under the terms and conditions set forth in this Agreement.

Your Use of the Site

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the CoachBar Network or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the CoachBar Network or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the CoachBar Network. CoachBar reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the CoachBar Network, or any other systems or networks connected to the CoachBar Network or to any CoachBar server, or to any of the services offered on or through the CoachBar Network, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the CoachBar Network or any network connected to the Site, nor breach the security or authentication measures on the CoachBar Network or any network connected to the CoachBar Network. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the CoachBar Network, or any other customer of CoachBar, including any CoachBar account not owned by you, to its source, or exploit the CoachBar Network or any service or information made available or offered by or through the CoachBar Network, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the CoachBar Network.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the CoachBar Network or CoachBar’s systems or networks, or any systems or networks connected to the CoachBar Network or to CoachBar.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the CoachBar Network or any transaction being conducted on the CoachBar Network, or with any other person’s use of the CoachBar Network.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to CoachBar on or through the CoachBar Network or any service offered on or through the CoachBar Network. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the CoachBar Network or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of CoachBar or others.

Requirements for use of CoachBar Network

The CoachBar Network is only available with an active and valid CoachBar PASS.

The CoachBar Network is available to you only. CoachBar may use technologies to verify your compliance.

The use of the CoachBar Network requires compatible devices, internet access, and certain software (fees may apply); may require periodic updates; and may be affected by the performance of these factors. High-speed Internet access is strongly recommended for regular use and is required for video. You agree that meeting these requirements, which may change from time to time, is your responsibility.

Account, Password and Security

Certain features or services offered on or through the CoachBar Network may require you to open an account (including setting up a CoachBar Account and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify CoachBar immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by CoachBar or any other user of or visitor to the CoachBar Network due to someone else using your CoachBar PASS, password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s CoachBar PASS, password or account at any time. CoachBar cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

In order to access some parts of the CoachBar Network, you must enter a valid and active CoachBar PASS and password.

You agree to provide accurate and complete information when you register with, and as you use, the CoachBar Network, and you agree to update your information to keep it accurate and complete. You agree that CoachBar may store and use the information you provide for use in maintaining and billing fees to your CoachBar PASS.

Content Availability

CoachBar reserves the right to change content options (including eligibility for particular features) without notice.

Use of Content

You agree that certain parts of the CoachBar Network include security technology that limits your use of the CoachBar Network and that, whether or not the CoachBar Network is limited by security technology, you shall use the CoachBar Network in compliance with the applicable usage rules established by CoachBar and its licensors (“Usage Rules”), and that any other use of the CoachBar Network may constitute a copyright infringement. Any security technology is an inseparable part of the CoachBar Network. CoachBar reserves the right to modify the Usage Rules at any time. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such Usage Rules for any reason—or to attempt or assist another person to do so. Usage Rules may be controlled and monitored by CoachBar for compliance purposes, and CoachBar reserves the right to enforce the Usage Rules without notice to you. You shall not access or attempt to access a CoachBar PASS that you are not authorized to access. You agree not to modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorized access to CoachBar Network. Violations of system or network security may result in civil or criminal liability.

Usage Rules

(i) You shall be authorized to use the CoachBar Network only for personal, noncommercial use (except as permitted for group exercise).

(ii) You shall be authorized to use the CoachBar Network on only one device at any time.

(iii) Once you start, you may not fast forward or rewind, however, you may stop, pause or restart it.

(iv) As long as you hold a valid and active PASS, you may copy and store parts of the CoachBar Network as reasonably necessary for educational, noncommercial use.

Some parts of the CoachBar Network may be downloaded only once and cannot be replaced if lost for any reason. It is your responsibility not to lose, destroy, or damage parts of the CoachBar Network once downloaded.

The delivery of the CoachBar Network does not transfer to you any commercial or promotional use rights in the CoachBar Network. Any copying or exporting capabilities are solely an accommodation to you and shall not constitute a grant, waiver, or other limitation of any rights of the copyright owners in any content embodied in any CoachBar Network.

You acknowledge that, because some aspects of the CoachBar Network, and administration of the Usage Rules entails the ongoing involvement of CoachBar, if CoachBar changes any part of the CoachBar Network, which CoachBar may do at its discretion, you may not be able to use the CoachBar Network to the same extent as prior to such change or discontinuation, and that CoachBar shall have no liability to you in such case.

Third-Party Materials

Certain content may include materials from third parties. CoachBar may provide links to third-party websites as a convenience to you. You agree that CoachBar is not responsible for examining or evaluating the content or accuracy and CoachBar does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials or products of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that CoachBar is not in any way responsible for any such use by you.

Objectionable Material

You understand that by using the CoachBar Network, you may encounter material that you may deem to be offensive, indecent, or objectionable, and that such content may or may not be identified as having explicit material. Nevertheless, you agree to use the CoachBar Network at your sole risk and CoachBar shall have no liability to you for material that may be found to be offensive, indecent, or objectionable.

Intellectual Property

You agree that the CoachBar Network, including but not limited to graphics, user interface, audio clips, video clips, educational content, and the scripts and software used to implement  the CoachBar Network, contains proprietary information and material that is owned by CoachBar and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the CoachBar Network in compliance with this Agreement. No portion of the CoachBar Network may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the CoachBar Network in any manner, and you shall not exploit the CoachBar Network in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.

Notwithstanding any other provision of this Agreement, CoachBar and its licensors reserve the right to change, suspend, remove, or disable access to any content, or other materials comprising a part of the CoachBar Network at any time without notice. In no event will CoachBar be liable for making these changes. CoachBar may also impose limits on the use of or access to certain features or portions of the CoachBar Network, in any case and without notice or liability.

All copyrights in and to the CoachBar Network (including the compilation of content, postings, links to other internet resources, and descriptions of those resources) and related software are owned by CoachBar and/or its licensors, who reserve all their rights in law and equity. THE USE OF ANY PART OF CoachBar Network, EXCEPT FOR USE OF THE PROGRAM AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

The CoachBar logo, CoachBar, and other CoachBar trademarks, program marks, graphics, and logos used in connection with the CoachBar Network are trademarks or registered trademarks of CoachBar LLC. in the U.S. and/or other countries. Other trademarks, program marks, graphics, and logos used in connection with the CoachBar Network may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.

Termination

If you fail, or CoachBar suspects that you have failed, to comply with any of the provisions of this Agreement, CoachBar, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your CoachBar PASS, and you will remain liable for all amounts due under your CoachBar PASS up to and including the date of termination; and/or (ii) terminate the license to the software; and/or (iii) preclude access to the CoachBar Network (or any part thereof).

CoachBar reserves the right to modify, suspend, or discontinue the CoachBar Network (or any part or content thereof) at any time with or without notice to you, and CoachBar will not be liable to you or to any third party should it exercise such rights.

Disclaimer of Warranties; Liability Limitation

CoachBar does not guarantee, represent, or warrant that your use of the CoachBar Network will be uninterrupted or error-free, and you agree that from time to time CoachBar may remove certain parts of the CoachBar Network for indefinite periods of time, or cancel certain parts of the CoachBar Network at any time, without notice to you.

In no case shall CoachBar, its directors, officers, employees, affiliates, agents, contractors, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of any of the CoachBar Network or for any other claim related in any way to your use of the CoachBar Network, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content (or product) posted, transmitted, or otherwise made available via the CoachBar Network, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, CoachBar’s liability shall be limited to the extent permitted by law.

CoachBar shall use reasonable efforts to protect information submitted by you in connection with the CoachBar Network, but you agree that your submission of such information is at your sole risk, and CoachBar is hereby disclaims any and all liability to you for any loss or liability relating to such information in any way.

CoachBar does not represent or guarantee that the CoachBar Network will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and CoachBar disclaims any liability relating thereto.

Waiver and Indemnity

By using the CoachBar Network, you agree, to the extent permitted by law, to indemnify and hold CoachBar, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of your breach of this agreement, your use of the CoachBar Network, or any action taken by CoachBar as part of its investigation of a suspected violation of this agreement or as a result of its finding or decision that a violation of this agreement has occurred. This means that you cannot sue or recover any damages from CoachBar, its directors, officers, employees, affiliates, agents, contractors, and licensors as a result of its decision to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to the CoachBar Network, or to take any other action during the investigation of a suspected violation or as a result of CoachBar’s conclusion that a violation of this agreement has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by this agreement.

Changes

CoachBar reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the CoachBar Network. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the CoachBar Network will be deemed acceptance thereof.

Miscellaneous

This Agreement constitutes the entire agreement between you and CoachBar and governs your use of the CoachBar Network, superseding any prior agreements between you and CoachBar. You may also be subject to additional terms and conditions that may apply when you use affiliate programs, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. CoachBar’s failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. CoachBar will not be responsible for failures to fulfill any obligations due to causes beyond its control.

The CoachBar Network is operated by CoachBar from its offices in the United States. You agree to comply with all local, state, federal, national land international laws, statutes, ordinances, and regulations that apply to your use of the CoachBar Network. All transactions on the CoachBar Network are governed by Colorado law, without giving effect to its conflict of law provisions. Your use of the CoachBar Network may also be subject to other laws. You expressly agree that exclusive jurisdiction for any claim or dispute with CoachBar or relating in any way to your use of the CoachBar Network resides in the courts in the State of Colorado. Risk of loss and title for all electronically delivered transactions pass to the purchaser in Colorado upon electronic transmission to the recipient. No CoachBar employee or agent has the authority to vary this Agreement.

CoachBar may notify you with respect to the CoachBar Network by sending an email message to your CoachBar PASS email address or a letter via postal mail to your CoachBar PASS mailing address, or by a posting on the CoachBar website. Notices shall become effective immediately.

CoachBar reserves the right to take steps CoachBar believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that CoachBar has the right, without liability to you, to disclose any Registration Data and/or CoachBar PASS information to law enforcement authorities, government officials, and/or a third party, as CoachBar believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to CoachBar’s right to cooperate with any legal process relating to your use of the CoachBar Network and/or a third-party claim that your use of the CoachBar Network is unlawful and/or infringes such third party’s rights).

TO AGREE TO THESE TERMS, CLICK “I AGREE.” IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK “I AGREE” AND DO NOT CONTINUE.