Terms & Conditions

The following are the Terms & Conditions for RiderClubs.com:
Definitions

“RiderClubs.com” refers to this website and any other service offered related to or on RiderClubs.com. "Website", "RiderClubs" and "RiderClubs.com" will be used interchangeably.

“You” refers to any person or entity who uses or interacts with RiderClubs.com.

“Agreement” refers to these Terms & Conditions “Agreement” and “Terms & Conditions” will be used interchangeably.

“Content” refers to any digital material, including but not limited to: text, code, data, audio, pictures, images, video, and documents found on RiderClubs.com.

Introduction

This Terms & Conditions is RiderClubs.com's legally binding agreement for any use of our website and related services. By using this website, you are agreeing to this Terms & Conditions.

Violation of these Terms & Conditions, may cause account suspension, account termination, site banning, or legal action.

By using RiderClubs.com, you agree to the limitations of liability, warranty, release and dispute resolution as described in this Terms & Conditions. You also agree to mandatory arbitration and waive your right to seek relief from a judge or jury in a court of law. Any claims can only be brought individually, and not as part of a class action.

We may modify this Agreement from time to time. By continuing to RiderClubs.com after any changes come into effect, you agree to the revised Terms & Conditions.

If you do not or are unable to agree to this Terms & Conditions, do not use RiderClubs.com.

Use of RiderClubs.com

RiderClubs.com is a digital platform that aggregates content and functionality representing: motorcycle organizations, events, businesses, services, products, communications and articles for the benefit of the internet visitor. Some of the content and functions of RiderClubs.com are free and some are charged for. In all cases:

You must be 18 years old or older to use the content or functionality of RiderClubs.com.

You represent and warrant that you are not located in a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a “terrorist supporting” country, and that you are not listed on any U.S. government list of prohibited or restricted parties.

You are responsible for the security and confidentiality of your account credentials. We are not responsible for anything that happens due to a failure to maintain security and confidentiality of your credentials.

We are not responsible for any content posted or provided to RiderClubs.com.

We are not responsible for the manner or criteria in which aggregated persons, members, clubs, businesses, organizations or any other entity found on RiderClubs.com operates their respective entity.

We cannot guarantee the quality, completeness, accuracy, suitability or fitness of any content, event, organization, product or service presented or advertised on RiderClubs.com.

Any provided content that we deem negative, offensive or damaging is a violation of the Terms & Conditions and will be removed. However, we are not able to review all content as it's posted and so we rely on reports of negative, offensive or damaging content from the website users. See the Content section for more information.

Any RiderClubs.com user that posts content posted to our site grants us a license to use that content to operate, improve or market RiderClubs.com. See the Content section for more information.

You can be denied use and/or access to any club, event and other organization's content shown or operated on RiderClubs.com at the discretion of the club, event or other organization manager, creator, or operator, for any reason. We are not responsible for the manner or criteria in which a user or entity manages or provides access to their content.

Posted content often references activities or happenings that occur offline or on other digital venues. We cannot control and are not responsible for anything that occurs, unexpected or otherwise, as a result of knowledge, engagement or participation in referenced activities or happenings. See the Release section for more information.

It is understood that the content and/or functionality that is charged for may be done on a recurring basis. It is the user's responsibility to be aware of the nature, amount and timing of the recurring charge and, if necessary, to initiate a new charge at the appropriate time to maintain an active account. A charge failure or missed charge will inactivate your account and this will result in immediate revocation of access to all content and functions charged for. Revocation may include loss of access and/or unrecoverable account information, data or content.

It is understood that all charges for content and/or functionally are pre-payments for future time periods and are displayed as cost per month but may be billed annually, semi-annually or quarterly. Once a user initiates a charge, content and functionality charged for will be provided within 24 hours from the date of the charge and the date of the initiation of the charge is the beginning of the billing period. Content and functionality will then be available for the entire billing period.

Charges for content and/or functionality on RiderClubs.com are non-refundable, non-cancellable after 14 days. If you would like to cancel within 14 days of the initial charge please contact us to receive a full refund. Account or charge cancellation after the 14 day period will prevent any further recurring charges and your account will not be renewed. However, all charged for content or functionality will be available to you until the end of the billing period. Repeated cancellations within the 14 day period is considered intentional harmful abuse of RiderClubs.com and is a violation of this Terms & Conditions.

It is understood that charges for content or functionality are non-transferrable.

Content and functionality on RiderClubs.com may change or be modified at any time as we continually improve and optimize our website. If content or functionality changes and new charges are required, you agree to the new charge to continue to use the applicable content or functionality. You will always be notified in advance of any new charges via email.

Account termination, suspension, deletion or cancellation of the manager, creator, author or operator of any website content, at our sole discretion, may not result in the deletion of the website content. In this case, continued content inclusion or non-inclusion will be determined on a case by case basis, with the goal of doing what is best for content users, website visitors and the Riderclubs.com itself.

Account termination, suspension, deletion or cancellation of the manager, creator, author or operator of any website content may result in the permanent loss of management or control of such content. In certain cases, such as a payment lapse of a user account that manages a club or other organization, control of the club or organization content may be transferred to another RiderClubs.com user.

Any determination regarding the use or availability of any content is at the sole discretion of RiderClubs.com.

You agree that you will not extract, manually or via automation, directly or via a third party, data or content from RiderClubs.com for a commercial purpose, competitive purpose or to cause burden on RiderClubs.com's underlying technology.

If your account is terminated, suspended or canceled due to a violation of this Terms & Conditions we are not obligated to refund any charges.

We make every effort to make sure RiderClubs.com is available and functional. However, we cannot guarantee access to all content at all times.

Advertisers, Vendors, Sellers, Products & Services

The Riderclubs.com website or RiderClubs.com digital communications will often present advertisers, vendors, sellers, products and services originating from external orgnaizations or 3rd-parties that we think may be of interest to you. You understand that we cannot guarantee the quality, completeness, accuracy, suitability or fitness of any offering from any external organization or 3rd-party that is presented on or via RiderClubs.com. We do not have control over and are not responsible for any transaction or interaction with any external organization or 3rd-party initiated via the RiderClubs.com website or RiderClubs.com digital communications.

Content Policy

Ownership

If you choose to provide RiderClubs.com with content of any kind, you affirm and represent that you are the sole owner of or have all permissions, rights and licenses to the content, you are fully authorized to provide such content, and:

You are not infringing on the intellectual property rights of other persons or entities;

Your content does not contain the confidential information of other persons or entities.

License

If you provide any digital content to RiderClubs.com through any means:

RiderClubs.com and it's owner and operator is granted a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable right and license (including a waiver of any moral rights) to use, host, store, reproduce, modify, publish, publicly display, publicly perform, distribute, and create derivative works of, your content and to commercialize and exploit the copyright, trademark, publicity, and database rights you have in your content. This license continues even after you cease to maintain an account on or use RiderClubs.com.

Negative Content

The following content is not permitted on RiderClubs.com:

  • Threats or speech of hate, violence or supremacy
  • Harmful misinformation
  • Private personal information
  • Sexual content and nudity
  • Disturbing, upsetting or violent content
  • Content inciting conflict, dispute or modification of purpose within a club, group or organization
  • Misrepresentations of yourself
  • Impersonations
  • Harassment

Promotional Content

Content promoting commercial products or services without RiderClubs.com authorization is not permitted.

Disputes

If you have a dispute with RiderClubs.com and our officers, directors, shareholders, agents, employees, consultants, corporate parent, affiliates, subsidiaries, sponsors, and other third-party partners You agree to resolve disputes with RiderClubs.com on an individual basis. You also agree to attempt to resolve the dispute via good faith discussions. After 30 days, if RiderClubs.com cannot resolve your dispute, you must submit any dispute with us to a neutral arbitrator instead of taking the claim to a court of law. Claims can only be brought individually, and not as part of a class action. You are expressly waiving any right to participate in class actions, class arbitrations, private attorney general actions, and consolidation with other arbitrations.

RiderClubs.com has no responsibility or obligation to get involved with any disputes with any other user, person or entity as a result of content found on or through the use of RiderClubs.com.

Prohibited Use

You are prohibited from using the website or its content:

(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of this website or any related website, other websites, or the Internet. We reserve the right to terminate your use of this website or any related website for violating any of the prohibited uses.

Release

To the full extent permitted by applicable law, You agree to release RiderClubs.com and our officers, directors, shareholders, agents, employees, consultants, corporate parent, affiliates, subsidiaries, sponsors, and other third-party partners from claims, demands, and damages (direct and consequential) (“Claims”), arising out of or in any way connected with any transaction with a third party, your interactions with other members, or in connection with a use, knowledge or engagement with content found on RiderClubs.com. You also agree, to the full extent permitted by applicable law, to release RiderClubs.com users from claims based on negligence arising out of or in any way connected with any RiderClubs.com content. You waive and relinquish all rights and benefits that you have or may have under Section 1542 of the California Civil Code or any similar provision of statutory or non-statutory law of any other jurisdiction to the fullest extent permitted by law.

You acknowledge that some happenings or activities listed on RiderClubs.com carry inherent dangers, such as the risk of illness, bodily injury, disability, or death. By participating in these events, you understand and agree that you have freely chosen to assume these risks.

Warranty

RiderClubs.com is provided to you “as is” and on an “as available” basis. To the full extent permitted by applicable law, we disclaim all warranties and conditions of any kind, including but not limited to statutory warranties, and the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We also disclaim any warranties regarding (a) the reliability, timeliness, accuracy, and performance of our Content, (b) any information, advice, services, or goods obtained through or advertised on RiderClubs.com, as well as for any information or advice received through any links to other websites or resources provided through RiderClubs.com, (c) the results that may be obtained from RiderClubs.com, and (d) the correction of any errors in RiderClubs.com, (e) any material or data obtained through the use of RiderClubs.com, and (f) dealings with or as the result of the presence of marketing partners or other third parties on or located through RiderClubs.com.

Limitation of Liability

To the full extent permitted by applicable law, you agree that in no event shall RiderClubs.com and our officers, directors, shareholders, agents, employees, consultants, corporate parent, affiliates, subsidiaries, sponsors, and other third-party partners be liable for any direct, indirect, incidental, special, or consequential damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if RiderClubs.com has been advised of the possibility of such damages) arising out of or in connection with (a) RiderClubs.com or this Agreement or the inability to use RiderClubs.com (however arising, including our negligence), (b) statements or conduct of or transactions with any user or third party on RiderClubs.com, (c), in a activity of happening listed on RiderClubs.com, or any other matter relating to RiderClubs.com.

Indemnification

To the full extent permitted by applicable law, you agree to indemnify, defend and hold RiderClubs.com and our officers, directors, shareholders, agents, employees, consultants, corporate parent, affiliates, subsidiaries, sponsors, and other third-party partner harmless from any Claims, made by any third party due to or arising out of (a) your violations of this Agreement, (b) your use, misuse, or abuse of our RiderClubs.com content, (c) your violation of any law, statute, ordinance or regulation or the rights of a third party, or (d) your participation or conduct in a activity or happening listed on RiderClubs.com. You agree to promptly notify us of any third party Claims, cooperate with RiderClubs.com in defending such Claims, and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You agree not to settle any Claim without our prior written consent.

Severability

In the event that any provision of these Terms & Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms & Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

Judicial Forum

If our agreement to arbitrate is found not to apply to you or your claim, you and RiderClubs.com agree that any judicial proceedings must be brought exclusively in the federal or state courts located in Westchester County, New York, United States and you and RiderClubs.com agree to venue and personal jurisdiction in those courts.

No Waiver

A party's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision and does not waive any right to act with respect to subsequent or similar breaches.

Governing Law

These Terms & Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of New York in the United States.

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