Terms & Conditions

Last updated: November 10, 2022

In consideration of the Company permitting you to use its Services, you agree to the terms and conditions of this Agreement. PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. 

Interpretation and Definitions

Interpretation

The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

• Application means the software program provided by the Company downloaded by you on any electronic device, named SkyCycle.
• Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
• Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
• Account means a unique account created for you to access our Service or parts of our Service.
• Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to SkyCycles LLC, Missoula, MT 59801.
• Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
• Equipment…
• Feedback means feedback, innovations or suggestions sent by you regarding the attributes, performance or features of our Service.
• Orders mean a request by you to access and use SkyCycle from us.
• Service refers to the Application or the website www.rideskycycle.com.
• Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between you and the Company regarding the use of the Service.
• Third-party Social Media Servicemeans any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
• You means the individual accessing or using the Service, or anyone you authorize to individually use or access the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between you and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms and Conditions. If you disagree with any part of these Terms and Conditions then you may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to contract for the use of the Service. Although access to SkyCycle is approved for minors who are at least 12 years old and have a parent’s approval and supervison, a minor may not enter into this Agreement.

Your access to and use of the Service is also conditioned on your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes our policies and procedures on the collection, use and disclosure of your personal information when you use the Application or the Website and tells you about your privacy rights and how the law protects you. Please read our Privacy Policy carefully before using Our Service.

Accounts

To use certain features of the Service, you must register for an account and provide certain information about yourself as prompted by the account registration form. By placing an Order, you warrant that you are legally capable of entering into binding contracts.

• Your Information
  If you wish to place an Order, you will be asked to create an online user profile from the Company’s website or smart phone application. In addition, you will be asked supply certain information relevant to your Order including, without limitation, your name, your email, your phone number, your credit card number, the expiration date of your credit card, and your billing address.
  
  You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
  
  You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a Third-Party Social Media Service.
  
  You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
  
  You must review and accept the full terms of this Agreement. You are responsible for ensuring that any individual operating or using a SkyCycle reserved under your name shall read and comply with this Agreement.
  
  You may delete your account at any time, for any reason, by following the instructions on the website.

• Your Payment
  You represent and warrant that: (i) you have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information you supply to us is true, correct and complete.
  
  By submitting such information, you grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of your Order.

• Prices Policy
  The Company reserves the right to revise its prices at any time prior to accepting an Order.

• Payments
  Access to SkyCycle purchased through our Service is subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, American Express cards or online payment methods (PayPal, for example).
  
  Payment cards (credit cards or debit cards) are subject to validation checks and authorization by your card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery of your Order.

Agreement for Use/Assumption of Risk and Indemnification

As a condition precedent to the Company’s agreement to allow you to use SkyCycle, you acknowledge and agree as follows:

1. You are capable of operating and using the equipment and you are not relying on the Company to learn how to use or operate the equipment.
2. You are solely responsible for operating and using the equipment in a safe, careful and reasonably competent manner.
3. The Company is not required to provide insurance of any kind related to you or your use, and in the event the Company, at its option, carries insurance, you will remain liable for any liability, property damage, personal injury, injury to others, damages, penalties, fines, losses and/or expenses of any kind whatsoever incurred due to your use of the equipment.
4. If you cause damage to property or injure another while operating or in use of the equipment, you are solely liable for such damage or injury.
5. You are liable for any and all damages resulting from improper use or abuse of the equipment and the cost of such damages.
6. You agree to indemnify, defend and hold harmless the Company for, from and against any and all Claims related to or arising out of this Agreement, including, but not limited to your breach of any representations, warranties or covenants set forth in this Agreement.  
7. You expressly acknowledge and accept that your use of the equipment is at your own risk. You accept the equipment for use after exercising your own free choice to participate voluntarily in this activity and after inspecting the equipment and certifying that it is in good condition.
8. You understand that this activity can be a hazardous activity. You acknowledge, understand, and assume all risks related to the use, maintenance, design and/or operation of the equipment.

Intellectual Property

The Service and its original content (excluding Content provided by you or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Your Feedback to Us

You assign all rights, title and interest in any feedback you provide the Company. If for any reason such assignment is ineffective, yiou agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such feedback without restriction.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms and Conditions.

Upon termination, your right to use the Service will cease immediately. If you wish to terminate your Account, you may simply discontinue using the Service.

Limitation of Liability

Notwithstanding any damages that you might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and your exclusive remedy for all the foregoing shall be limited to the amount actually paid by you through the Service or 100 USD if you haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Governing Law

The laws of the State of Montana, excluding its conflicts of law rules, shall govern this Terms and your use of the Service. Any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Missoula County, Montana.

Disputes Resolution

If you have any concern or dispute about the Service, you agree to first try to resolve the dispute informally by contacting the Company.

United States Legal Compliance

You represent and warrant that (i) you are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) you are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

• Severability
  If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
• Waiver
  Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if we have made them available to you on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, you can contact us:

• By visiting this page on our website: http://www.rideskycycle.com