WhereWeRide is a web utility that allows you to share trail data. The WhereWeRide service (collectively, "WhereWeRide",
"the Service, "us", "we" or "the Company") is owned and operated by private parties.
By accessing or using our web site at www.WhereWeRide.com (together the "Site"),
you (the "User") signify that you have read, understand and agree to be bound by
REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS
Membership in the Service is void where prohibited. This Site is intended solely
for users who are thirteen (13) years of age or older. Any registration by, use
of or access to the Site by anyone under 13, is unauthorized, unlicensed and in
and warrant that you are 13 or older, and that you agree to and to abide by all
of the terms and conditions of this Agreement.
In consideration of your use of the Site, you agree to (a) provide accurate, current
and complete information about you as may be prompted by any forms on the Site;
(b) maintain the security of your password and identification; (c) maintain and
promptly update the Registration Data, and any other information you provide to
Company, to keep it accurate, current and complete; and (d) be fully responsible
for all use of your account and for any actions that take place using your account.
All content on the Site and available through the Service, including designs, text,
graphics, pictures, video, information, applications, software, music, sound and
other files, and their selection and arrangement (the "Site Content"), are the proprietary
property of WhereWeRide, its users or its licensors with all rights reserved. No
Site Content may be modified, copied, distributed, framed, reproduced, republished,
downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any
means, in whole or in part, without the Company's prior written permission.
You understand that except for advertising programs offered by us on this Site,
the Service and the Site are available for your personal, non-commercial use only.
You represent, warrant and agree that no materials of any kind submitted through
your account or otherwise posted, transmitted, or shared by you on or through the
Service will violate or infringe upon the rights of any third party, including copyright,
trademark, privacy, publicity or other personal or proprietary rights; or contain
libelous, defamatory or otherwise unlawful material.
In addition, you agree not to use the Service or the Site to:
- harvest or collect email addresses or other contact information of other users from
the Service or the Site by electronic or other means for the purposes of sending
unsolicited emails or other unsolicited communications;
- use the Service or the Site in any unlawful manner or in any other manner that could
damage, disable, overburden or impair the Site;
- use automated scripts to collect information from or otherwise interact with the
Service or the Site;
- upload, post, transmit, share, store or otherwise make available any content that
we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory,
harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights,
hateful, or racially, ethnically or otherwise objectionable;
- upload, post, transmit, share, store or otherwise make available any videos other
than those of a personal nature that: (i) are of you or your friends, (ii) are taken
by you or your friends, or (iii) are original art or animation created by you or
- register for more than one User account, register for a User account on behalf of
an individual other than yourself, or register for a User account on behalf of any
group or entity;
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself,
your age or your affiliation with any person or entity;
- upload, post, transmit, share or otherwise make available any unsolicited or unauthorized
advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation;\
- upload, post, transmit, share, store or otherwise make publicly available on the
Site any private information of any third party, including, addresses, phone numbers,
email addresses, Social Security numbers and credit card numbers;
- solicit personal information from anyone under 18 or solicit passwords or personally
identifying information for commercial or unlawful purposes;
- upload, post, transmit, share or otherwise make available any material that contains
software viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or hardware or telecommunications
- intimidate or harass another;
- upload, post, transmit, share, store or otherwise make available content that would
constitute, encourage or provide instructions for a criminal offense, violate the
rights of any party, or that would otherwise create liability or violate any local,
state, national or international law;
- use or attempt to use another's account, service or system without authorization
from the Company, or create a false identity on the Service or the Site.
- upload, post, transmit, share, store or otherwise make available content that, in
the sole judgment of Company, is objectionable or which restricts or inhibits any
other person from using or enjoying the Site, or which may expose Company or its
users to any harm or liability of any type.
- create any Trackable Items that involve the passing of living animals.
You are solely responsible for all content that you submit to the site in any
manner of submission.
The Site contains (or you may be sent through the Site or the Service) links to
other web sites ("Third Party Sites") as well as articles, photographs, text, graphics,
pictures, designs, music, sound, video, information, applications, software and
other content or items belonging to or originating from third parties (the "Third
Party Applications, Software or Content"). Such Third Party Sites and Third Party
Applications, Software or Content are not investigated, monitored or checked for
accuracy, appropriateness, or completeness by us, and we are not responsible for
any Third Party Sites accessed through the Site or any Third Party Applications,
Software or Content posted on, available through or installed from the Site, including
the content, accuracy, offensiveness, opinions, reliability, privacy practices or
other policies of or contained in the Third Party Sites or the Third Party Applications,
Software or Content. Inclusion of, linking to or permitting the use or installation
of any Third Party Site or any Third Party Applications, Software or Content does
not imply approval or endorsement thereof by us. If you decide to leave the Site
and access the Third Party Sites or to use or install any Third Party Applications,
Software or Content, you do so at your own risk and you should be aware that our
terms and policies no longer govern. You should review the applicable terms and
policies, including privacy and data gathering practices, of any site to which you
navigate from the Site or relating to any applications you use or install from the
The Company is not responsible or liable in any manner for any User Content or Third
Party Applications, Software or Content posted on the Site or in connection with
the Service, whether posted or caused by users of the Site, by Company, by third
parties or by any of the equipment or programming associated with or utilized in
the Site or the Service. Although we provide rules for user conduct and postings,
we do not control and are not responsible for what users post, transmit or share
on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful
or otherwise objectionable content you may encounter on the Site or in connection
with any User Content or Third Party Applications, Software or Content. The Company
is not responsible for the conduct, whether online or offline, of any user of the
Site or Service.
The Site and the Service may be temporarily unavailable from time to time for maintenance
or other reasons. Company assumes no responsibility for any error, omission, interruption,
deletion, defect, delay in operation or transmission, communications line failure,
theft or destruction or unauthorized access to, or alteration of, User communications.
The Company is not responsible for any technical malfunction or other problems of
any telephone network or service, computer systems, servers or providers, computer
or mobile phone equipment, software, failure of email or players on account of technical
problems or traffic congestion on the Internet or at any Site or combination thereof,
including injury or damage to User's or to any other person's computer, mobile phone,
or other hardware or software, related to or resulting from using or downloading
materials in connection with the Web and/or in connection with the Service, including
any Mobile Client software. Under no circumstances will the Company be responsible
for any loss or damage, including any loss or damage to any User Content or personal
injury or death, resulting from anyone's use of the Site or the Service, any User
Content or Third Party Applications, Software or Content posted on or through the
Site or the Service or transmitted to Users, or any interactions between users of
the Site, whether online or offline.
The Company reserves the right to change any and all content, software and other
items used or contained in the Site and any Services and Platform Applications offered
through the Site at any time without notice. Reference to any products, services,
processes or other information, by trade name, trademark, manufacturer, supplier
or otherwise does not constitute or imply endorsement, sponsorship or recommendation
thereof, or any affiliation therewith, by Company.
IN NO EVENT WILL COMPANY OR ITS OWNERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR
ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL
OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR
USE OF THE SITE OR THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE CONTENT
OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE
COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY
CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE
LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICE DURING THE
TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED $1.00.
YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE
LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL
NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION
OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE
ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE
YOU AND COMPANY AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC
SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE
AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY
YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING
ARBITRATION, except that: (a) to the extent that either of us has in any manner
infringed upon or violated or threatened to infringe upon or violate the other party's
patent, copyright, trademark or trade secret rights, or you have otherwise violated
any of the user conduct rules set forth above or in the Code of Conduct then the
parties acknowledge that arbitration is not an adequate remedy at law and that injunctive
or other appropriate relief may be sought.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER
ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE,
AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim,
action or proceeding by you related in any way to the Site and/or the Service (including
your visit to or use of the Site and/or the Service) be instituted more than three
(3) years after the cause of action arose.
The Company may terminate your membership, delete your profile and any content or
information that you have posted on the Site or through any Platform Application
and/or prohibit you from using or accessing the Service or the Site or any Platform
Application (or any portion, aspect or feature of the Service or the Site or any
Platform Application) for any reason, or no reason, at any time in its sole discretion,
with or without notice, including if it believes that you are under 13.
Unless otherwise specified, the terms "includes", "including", "e.g.,", "for example",
and other similar terms are deemed to include the term "without limitation" immediately
thereafter. Terms used in these Terms with the initial letter(s) capitalized will
have the meaning attributed to them in these Terms.
the use of the Site and/or the Service, superseding any prior agreements between
you and Company relating to your use of the Site or the Service. The failure of
not constitute a waiver of such right or provision in that or any other instance.
If any provision of this Agreement is held invalid, the remainder of this Agreement
shall be deemed unlawful, void or for any reason unenforceable, then that provision
and enforceability of any remaining provisions.