This site and the mobile applications and services available in connection with this site (the “Site”) are made available to you by Nick Knipe, dba "HelloDrifter" (the "Proprietor") subject to these terms and conditions and the terms set forth in the Site's privacy policy (the “Terms”). By accessing, using or downloading any materials from the Site, you agree to follow and be bound by the Terms, which may be updated by the Proprietor from time to time without notice to you. You can review the most current version of the Terms at any time at Terms and Conditions. The Proprietor and its third party providers may make improvements and/or changes in the products, services, mobile applications, features, programs, and prices described in this Site at any time without notice. Certain provisions of the Terms may be supplemented or superseded by expressly designated legal notices or terms located on particular pages at this Site. The Site is not intended for and is not designed to attract children under 13 years of age. If you do not agree with the Terms, please do not use this Site. BY CONTINUING TO USE THE SITE, YOU ARE INDICATING YOUR AGREEMENT TO THE TERMS AND ALL REVISIONS THEREOF.
The Proprietor reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or any portion thereof with or without notice. You agree that the Proprietor shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or any portion thereof.
To utilize the non-public services available on the Site, you must complete the user registration form. You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form (“User Data”) and (b) maintain and promptly update the User Data to keep it accurate and current. You agree that the Proprietor may use your User Data to identify you to other users on the Site and to provide services on the Site for which you have expressed interest. If you provide any information that is inaccurate or not current, or the Proprietor has reasonable grounds to suspect that such information is inaccurate or not current, the Proprietor has the right to suspend or terminate your account and refuse any and all current or future use of the Site. In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of any applicable jurisdiction.
You may register for or log-in to your account via a third-party network, such as Facebook or Garmin. If you do so, you hereby authorize the Site to pre-populate the registration and other relevant information fields of your account and/or to use such third-party credentials to log you into your account. If you connect your account to a third-party network, you agree to comply with the terms and conditions and policies applicable to such third party.
In order to access certain functionality of the Site, you may be required to pay subscription fees. Subscription fees, along with any required taxes, may be paid on a monthly or annual basis. Subscription fees may also include the usage by you or other third-parties that view, access, or otherwise interact with content generated by you for their use. Such usage fees are charged at the conclusion of the period in which they were incurred. Other subscription fees are payable in advance.
You agree to pay the subscription fees, and other charges you incur in connection with your use of the Site, whether on a one-time or subscription basis. The Site reserves the right to increase subscription fees, usage fees, any associated taxes, or to institute new fees at any time upon reasonable advance notice.
Should you sign up any subscription on the Site, you agree and understand that the subscription will automatically renew every year unless canceled. You also agree and understand that refunds are not available.
Subscription fees will be billed automatically at the start of the monthly or annual period, as applicable. These fees will auto-renew until your subscription is downgraded or terminated. Your subscription fee (which may include a usage rate) will be the same as your initial charges unless you are otherwise notified in advance. You may cancel your subscription at any time by accessing the subscription page available through your profile page or by contacting us. The cancellation of a subscription will go into effect at the end of your current billing cycle.
You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password and to your computer while logged into the Site. You accept responsibility for all activities that occur under your account or from your computer. While the Site may employ reasonable security measures to protect against unauthorized access to your account, it cannot guarantee your account's security, your Content or the personal information you provide, and we cannot promise that our security measures will prevent third-party “hackers” from illegally accessing the Site or its contents. You agree to immediately contact the Site regarding any unauthorized use or your account or password, or any other breach of security, and to accept all risks of unauthorized access to the User Data and any other information you provide to the Site.
You understand that all information, data, text, software, sound, photographs, graphics, video, messages, tags, or other materials (“Content”), whether publicly posted or privately transmitted, available in connection with the Site are the sole responsibility of the person from whom such Content originated. This means that you, and not the Site or the Proprietor, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Site. The Proprietor does not control or monitor the Content posted to the Site by others and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will the Proprietor be liable in any way for any Content, 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 posted, emailed, transmitted or otherwise made available on the Site.
You agree to not use the Site to: (a) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (e) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (f) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (g) upload, post, email, transmit 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 equipment; (h) interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; and/or (i) intentionally or unintentionally violate any applicable local, state, national or international law. You specifically agree not to access (or attempt to access) the Site or the Content through any automated means (including the use of any script, web crawler, robot, spider, or scraper), and that you will not forge or manipulate identifiers in order to disguise the origin of any access (or attempted access) to the Site.
You acknowledge that the Proprietor may or may not pre-screen or monitor Content, but that the Proprietor and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, monitor, refuse or remove any Content that is available via the Site. Without limiting the foregoing, the Proprietor and its designees shall have the right to remove any Content that violates the Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content available in connection with the Site, including any reliance on the accuracy, completeness, or usefulness of such Content.
You acknowledge, consent and agree that the Proprietor may access, preserve and disclose your User Data and other Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of the Proprietor, the Site's users, and/or the public. Subject to the foregoing, the Proprietor will use reasonable efforts to maintain the confidentiality of your User Data.
The Site is for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell for any commercial purposes any portion of the Site, use of the Site or access to the Site.
The Site provides geographical mapping and routing services through Open Street Map ("OSM"). The route data provided to the Site and to you is based on an open source data set that can be freely edited by anyone. The Proprietor makes no representations about the accuracy of the data provided, whether travel over any particular route is legal and/or permissible, and you acknowledge that you should take appropriate steps to ensure the accuracy of the data before relying on it for any kind of activity.
To maximize route flexibility, the Site elicits routes from OSM through Mapbox that are designated by OSM contributors as permissible for travel by foot, bike, driving, or manually, as designated by the user plotting a route. Since the data from OSM is not always consistent with the legality or feasibility of traversing a particular route by the specified means, you acknowledge that you must consult with other sources to determine the suitability and legality of the route for the means of transport you intend to undertake, and otherwise obey all signage restricting any such mode of transport.
The Site may provide you with the option of restricting access to certain Content that you submit to the Site. If, upon submission of Content to the Site, you initially elect to restrict access to such Content, the site will restrict access to such Content in accordance with your election. However, if you do not elect to restrict access to your Content, or later change such designation to allow such Content to be made more freely available, the Site can not and does not guarantee restricted access to such Content.
The Site may provide, or third parties may provide, links to other Internet sites or resources. Because the Proprietor has no control over such sites and resources, you acknowledge and agree that the Proprietor is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources.
The Site functions as a venue for people to connect and organize physical activities such as running and biking. As a neutral facilitator, neither the Site nor the Proprietor is directly involved in the actual transactions, exchanges, or interactions between users of the Site. As a result, the Proprietor has no control over the truth, accuracy, quality, legality, or safety of postings made by users of the Site, and likewise has no control or responsibility regarding the conduct of the Site's users in the physical world. The Proprietor has no responsibility to confirm the identity of members, or to confirm or verify the qualifications, background, or abilities of users of the Site. In no event shall the Proprietor or the Proprietor's affiliates or partners be liable in any manner whatsoever for any losses or damages arising out of or relating to the conduct of you or anyone else in connection with the use of the Site. You shall at all time exercise common sense and good judgment when dealing with any user of the Site, as YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS.
The Site may provide you with the ability to send e-mails, post messages to user forums, enter chat rooms, speak via Internet voice connections or send similar messages and communications to third party service providers, advertisers, other users and/or the Proprietor. You agree to use communication methods available on the Site only to send communications and materials related to the subject matter for which the Proprietor provided the communication method, and you further agree that all such communications by you shall be deemed your Content and shall be subject to and governed by the Terms. By using any of the communications methods available on the Site, you acknowledge and agree that (a) all communications methods constitute public, and not private, means of communication between you and the other party or parties, (b) communications sent to or received from third party service providers, advertisers or other third parties are not be endorsed, sponsored or approved by the Proprietor (unless the Proprietor expressly states otherwise) and (c) communications are not pre-reviewed, post-reviewed, screened, archived or otherwise monitored by the Proprietor in any manner, though the Proprietor reserves the right to do so at any time at the Proprietor's sole discretion in accordance with the Terms. You agree that all notices, disclosures and other communications that we provide to you electronically shall satisfy any legal requirement that such communications be in writing.
You acknowledge and agree that the Site, any necessary software used in connection with the Site (if any) and any Content available on the Site contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or authorized by the Proprietor or applicable third party service providers or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site, the software or Content available on the Site (other than Content that you may submit), in whole or in part.
In exchange for agreeing to these terms, the Proprietor grants you a personal, non-transferable and non-exclusive right and license to access and use the Site; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, mine data from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Site. You agree not to access the Site by any means other than through the interface that is provided by the Proprietor for use in accessing the Site.
The Proprietor reserves all rights not expressly granted hereunder.
If you have reason to believe any part of the Content of the Site infringes the copyrights of others, please notify us using the Site's contact form.
Disclaimer of Warranties and LiabilityTHE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT AVAILABLE ON THE SITE IS PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTY. THE PROPRIETOR DISCLAIMs ALL WARRANTIES WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. THE PROPRIETOR AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (e) ANY ERRORS IN THE SITE WILL BE CORRECTED.
YOU EXPRESSLY AGREE THAT ALL ATHLETIC ACTIVITIES IN WHICH YOU PARTICIPATE, WHETHER THROUGH THE SITE OR NOT, CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY OR DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES EVEN IF CAUSED IN WHOLE OR PART BY THE ACTION, INACTION OR NEGLIGENCE OF THE PROPRIETOR OR BY THE ACTION, INACTION OR NEGLIGENCE OF OTHERS. YOU ALSO EXPRESSLY AGREE THAT THE PROPRIETOR DOES NOT ASSUME RESPONSIBILITY FOR THE INSPECTION, SUPERVISION, PREPARATION, OR CONDUCT OF ANY RACE, CONTEST, GROUP RIDE OR EVENT THAT UTILIZES THE SITE.
YOU EXPRESSLY AGREE TO RELEASE THE PROPRIETOR, THE PROPRIETOR'S SUBSIDIARIES, ASSIGNEES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY CONNECTED WITH YOUR ATHLETIC ACTIVITIES, AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH YOUR ATHLETIC ACTIVITIES. YOU ALSO AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) YOUR USE OR MISUSE OF THE SITE, (b) YOUR USE OR MISUSE OF EQUIPMENT OR PROGRAMS CREATED OR LICENSED BY THE SITE WHILE ENGAGED IN ATHLETIC ACTIVITIES, (c) YOUR DEALINGS WITH THIRD PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE SITE, (d) ANY DELAY OR INABILITY TO USE THE SITE EXPERIENCED BY YOU, (e) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE PROPRIETOR HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
You agree to indemnify and hold the Proprietor and its subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise seek to make available through the Site, your use of the Site, your athletic activities which generate the Content you post or seek to post on the Site (including, but not limited to, athletic activities in connection with any contests, races, group rides, or other events which the Proprietor's sponsors, organizes, participates in, or whose Site is used in connection with), your connection to the Site, your violation of the Terms, or your violation of any rights of another person or entity.
This Site is controlled by the Proprietor within the United States of America. The Proprietor makes no representation that the Content in the Site or the Site are appropriate or available for use in other locations, and access to them from territories where their content or use is illegal is prohibited. Those who choose to access this Site from locations outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations. Any action related to the Site, the Content or the Terms shall be governed by California law and controlling U.S. federal law, without regard to conflicts of laws thereof. You hereby consent and submit to the exclusive jurisdiction and venue in the state and federal courts located in Los Angeles County, California for any legal proceedings related to the Site or the Terms. If any party hereto brings any suit or action against another for relief, declaratory or otherwise, arising out of these Terms, the prevailing party will have and recover against the other party, in addition to all court costs and disbursements, such sum as the court may adjudge to be reasonable attorneys’ fees. Except to the extent prohibited by applicable law, the parties agree that any claim or cause of action arising out of or related to use of the Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
You agree that no joint venture, partnership, employment or agency relationship exists between you and the Proprietor as a result of the Terms or your use of the Site. The Terms constitute the entire agreement between you and the Proprietor with respect to your use of the Site. The failure of the Proprietor to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You may not assign, delegate or otherwise transfer your account or your obligations under these Terms without the prior written consent of the Proprietor. The Proprietor has the right, in its sole discretion, to transfer or assign all or any part of its rights under these Terms and will have the right to delegate or use third party contractors to fulfill its duties and obligations under these Terms and in connection with the Site. The Proprietor's notice to you via email, regular mail or notices or links on the Site shall constitute acceptable notice to you under the Terms. A printed version of the Terms and of any notice given in electronic for shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Section titles and headings in the Terms are for convenience only and have no legal or contractual effect. Any rights not expressly granted herein are reserved.