Terms of use
Agreement to these terms
Biiikes is operated by Biiikes LLC, a Washington limited liability company. These terms are an agreement between you and Biiikes LLC. By using Biiikes you accept them. If you do not accept them, do not use Biiikes.
Rides listed on Biiikes
Biiikes is a calendar. Rides listed here are organized by the people who post them, not by Biiikes LLC.
Biiikes LLC does not organize, lead, inspect, supervise or control any ride listed on the service, and does not screen the people who lead or attend them.
You take part in rides at your own risk, and you accept the risks of cycling. Those risks include falling, collision with vehicles, people or objects, road and weather conditions, mechanical failure, and the conduct of other riders and of other people on the road. They include serious injury and death.
To the fullest extent permitted by law, you release Biiikes LLC from claims arising out of any ride you learned of through the service, including claims concerning the conduct of a ride leader or another rider, or the accuracy of a listing.
This release does not apply to gross negligence or willful misconduct by Biiikes LLC, and does not waive any right that cannot be waived by agreement.
Who may use Biiikes
You must be 13 or older to hold an account. Some features are available only to account holders who have told us they are 18 or older.
One account per person. Keep your account details accurate. You are responsible for activity under your account.
Content you post
You keep ownership of what you post. You grant Biiikes LLC a non-exclusive, worldwide, royalty-free license to host, store, reproduce and display it for the purpose of operating the service, including on the calendar, on ride pages, and in link previews.
Post only what you have the right to post, including photographs. We may remove content that breaches these terms or the rights of another person.
Leading a ride
Claiming a ride is a statement that it is yours to lead. Keep its details accurate, including when it meets, where it starts and how far it goes, and mark it cancelled if it is cancelled. Riders rely on those details.
A ride you led remains on the calendar if you leave or erase your account. It returns to being unclaimed and your name is removed from it.
Acceptable use
We may remove content, or suspend or close an account, for:
- Harassing, threatening or abusing any person.
- Impersonating another person, or claiming a ride that is not yours.
- Posting rides that do not exist, or listings whose purpose is to sell something.
- Any unlawful activity.
Text messages
Biiikes sends two kinds of text message, and only to people who have asked for them. You are asked separately for each when you provide your number, and neither is selected by default.
- A six-digit sign-in code, to confirm the number is yours. Sent when you sign in.
- A notice that a ride you said you were attending has been cancelled or has changed its start time.
Message and data rates may apply, depending on your plan and your carrier. Reply STOP to any message to stop all messages, START to resume them, or HELP for help. Stopping messages does not close your account, and you can still sign in using your email address.
Consenting to one kind of message is not consent to the other, and you may withdraw either without withdrawing the other. Carriers are not liable for delayed or undelivered messages.
Leaving and erasing
You may leave or erase your account. Leaving is reversible: you stop being findable and receive no messages, nothing is deleted, and you can return. Erasing is final: you are removed from the service immediately and your data is deleted seven days later, and you may cancel it during those seven days.
Two things survive erasure. Your handle is retired rather than reissued, so that nobody else can take it. A finding upheld against you is retained.
Disclaimers
Biiikes is provided on an "as is" and "as available" basis. Biiikes LLC makes no warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Biiikes LLC does not warrant that the service will be uninterrupted, secure or error-free, that the information on it is accurate or current, or that any ride listed will take place. Listings are frequently supplied by ride leaders or imported from other calendars, and are not verified.
Some states do not permit the exclusion of certain warranties, so parts of this may not apply.
Limitation of liability
Biiikes LLC is not liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost data or lost opportunities, arising out of your use of the service, even if advised of the possibility of such damages.
The total liability of Biiikes LLC for all claims arising out of these terms or your use of the service will not exceed one hundred United States dollars. Biiikes is free to use.
These limits do not apply to gross negligence or willful misconduct, or to any liability that cannot be limited under the law applicable to you. Some states do not permit certain limitations, so parts of this may not apply.
Indemnification
You agree to defend, indemnify and hold harmless Biiikes LLC and its officers, members and employees from claims, damages, losses and reasonable legal costs arising out of:
- Content you post, or a ride you posted or led.
- Your use of the service, and your conduct in connection with it.
- Your breach of these terms or of the rights of another person.
We may assume the defense of any such claim, and you agree to cooperate. This does not apply where the claim results from the gross negligence or willful misconduct of Biiikes LLC.
Dispute resolution
Before starting a formal proceeding, send the dispute to [email protected] with enough detail for us to investigate. Both parties agree to attempt resolution this way for sixty days.
If the dispute is not resolved, it will be determined by binding individual arbitration under the Federal Arbitration Act, administered by a recognized arbitration provider under its consumer rules. Judgment on the award may be entered in any court of competent jurisdiction.
You and Biiikes LLC each waive the right to a jury trial and the right to participate in a class, collective or representative action. The arbitrator may not consolidate the claims of more than one person.
Either party may bring a qualifying claim in small claims court, and either party may seek injunctive relief in court to protect intellectual property.
You may opt out of arbitration by writing to [email protected] within thirty days of first accepting these terms, stating that you opt out and giving the email address on your account. Opting out has no other effect, and the rest of these terms continue to apply.
If the waiver above is held unenforceable, this dispute resolution section does not apply and disputes will be heard by the courts named below.
Governing law and where disputes are heard
These terms are governed by the laws of the State of Washington, without regard to its conflict-of-law rules. Any dispute not subject to arbitration will be heard in the state or federal courts located in Washington, and both parties consent to the jurisdiction of those courts.
Nothing in these terms removes a right you hold under the law where you live.
Changes to these terms
We may change these terms. The date at the top will be updated, and we will notify you of significant changes. Continuing to use Biiikes after a change means you accept it.
Privacy
Our handling of your information is described in the privacy policy.
Contact
Biiikes LLC. Write to [email protected] with any question about these terms.