Please read this Agreement carefully before accessing or using brag.org. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access brag.org or use any services. If these terms and conditions are considered an offer by Bicycle Ride Across Georgia acceptance is expressly limited to these terms. brag.org is available only to individuals who are at least 18 years old.
If your service includes access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Bicycle Ride Across Georgia to respond within one business day) concerning the use of the VIP Services. “Priority” means that support takes priority over support for users of the standard or free brag.org services. All support will be provided in accordance with Bicycle Ride Across Georgia standard services practices, procedures and policies.
RESPONSIBILITY OF brag.org VISITORS
You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Bicycle Ride Across Georgia disclaims any responsibility for any harm resulting from the use by visitors of the brag.org, or from any downloading by those visitors of content there posted.
CONTENT POSTED ON OTHER WEBSITES
We have not reviewed, and cannot review, all of the material, including computer software, made available through brag.org and webpages to which they link, and that link to brag.org. Bicycle Ride Across Georgia does not have any control over those non-brag.org websites and webpages and is not responsible for their contents or their use. By linking to a non-Bicycle Ride Across Georgia website or webpage, Bicycle Ride Across Georgia does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Bicycle Ride Across Georgia disclaims any responsibility for any harm resulting from your use of non-Bicycle Ride Across Georgia websites and webpages.
COPYRIGHT INFRINGEMENT AND DMCA POLICY
As Bicycle Ride Across Georgia asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by brag.org violates your copyright, you are encouraged to notify Bicycle Ride Across Georgia in accordance with Bicycle Ride Across Georgia’s Digital Millennium Copyright Act (“DMCA”) Policy. Bicycle Ride Across Georgia will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Bicycle Ride Across Georgia will terminate a visitor’s access to and use of brag.org if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Bicycle Ride Across Georgia or others. In the case of such termination Bicycle Ride Across Georgia will have no obligation to provide a refund of any amounts previously paid to Bicycle Ride Across Georgia.
This Agreement does not transfer from Bicycle Ride Across Georgia to you any Bicycle Ride Across Georgia or third-party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with brag.org and logos, and all other trademarks, service marks, graphics and logos used in connection with brag.org are trademarks or registered trademarks of Bicycle Ride Across Georgia or Bicycle Ride Across Georgia’s licensors. Other trademarks, service marks, graphics and logos used in connection with brag.org may be the trademarks of other third parties. Your use of brag.org grant you no right or license to reproduce or otherwise use any Bicycle Ride Across Georgia or third-party trademarks.
Bicycle Ride Across Georgia reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to brag.org following the posting of any changes to this Agreement constitutes acceptance of those changes. Bicycle Ride Across Georgia may also, in the future, offer new services and/or features through brag.org (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Bicycle Ride Across Georgia may terminate your access to all or any part of brag.org at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your brag.org account (if you have one), you may simply discontinue using brag.org. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Bicycle Ride Across Georgia if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Bicycle Ride Across Georgia’s notice to you thereof; provided that, Bicycle Ride Across Georgia can terminate brag.org immediately as part of a general shut down of our service(s). All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
DISCLAIMER OF WARRANTIES
brag.org are provided “as is”. Bicycle Ride Across Georgia and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Bicycle Ride Across Georgia nor its suppliers and licensors, makes any warranty that brag.org will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, brag.org at your own discretion and risk.
LIMITATION OF LIABILITY
In no event will Bicycle Ride Across Georgia, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Bicycle Ride Across Georgia under this agreement during the twelve (12) month period prior to the cause of action Bicycle Ride Across Georgia shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
GENERAL REPRESENTATION AND WARRANTY
You agree to indemnify and hold harmless Bicycle Ride Across Georgia, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of brag.org, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between Bicycle Ride Across Georgia and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive Bicycle Ride Across Georgia, or by the posting by Bicycle Ride Across Georgia of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of brag.org will be governed by the laws of the State of Georgia, U.S.A, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Atlanta, Georgia, United States. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in the State of Georgia, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents and agrees to be bound by, its terms and conditions; Bicycle Ride Across Georgia may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.