You must complete the registration in order to use the services available on the Site, 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 Xplova may use your User Data to provide services on the Site for which you have expressed interest. If you provide any information that is inaccurate or not current, or Xplova has reasonable grounds to suspect that such information is inaccurate or not current, Xplova can exerise 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 are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password and to your personal devices while logged into the Site. You accept responsibility for all activities that occur under your account or from your personal devices. We commit to use reasonable security measures to protect against unauthorized access to your account. We cannot, however, guarantee absolute security of your account, 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 notify Xplova of 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 Xplova.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 Xplova, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Site. Xplova 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 Xplova 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 not to use the Site to: (a) upload, post, email, transmit or make available any Content that is unlawful, harmful, threatening, harassing, abusive, tortious, defamatory, vulgar, libelous, obscene, invasive of another’s privacy, or hateful, racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, including, but not limited to, a Xplova official, forum leader, guide or host, 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 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; (g) 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; (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 Xplova may or may not pre-screen or monitor Content, but that Xplova 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, Xplova 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 Xplova may access, preserve and disclose your User Data, Payment Method information 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 Xplova, its users and the public. Subject to the foregoing, Xplova 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.You understand that use of certain features of the Site may require you to purchase third party equipment or materials (e.g., GPS systems). While Xplova may recommend the equipment or materials of certain third party suppliers, Xplova shall have no responsibility for your acquisition or use of any third party equipment or materials and does not guarantee that third party equipment or materials will function with the Site or will be error-free.
Content Submitted to the Site
Xplova does not own the Content you may submit or make available for inclusion on the Site. However, Content you submit or make available for inclusion on the Site (other than User Data), you grant Xplova a worldwide, perpetual, irrevocable, royalty-free and non-exclusive license, as applicable, to use, distribute, reproduce, modify, adapt, publicly perform and publicly display and otherwise exploit such Content on the Site for the purposes of providing and promoting the Site and the features and services available on the Site.The Site may provide you with the option of making certain Content that you submit to the Site as private or available only to select users of the Site. If, upon submission of Content to the Site, you initially choose to mark such Content as private or available for a limited group of users, Xplova will maintain the privacy of such Content in accordance with your choice. However, if you do not elect to mark your Content as private or available for a limited group of users, or later change such designation to allow such Content to be made generally available, Xplova cannot and does not guarantee the privacy of such Content.
Dealings with Third Party Service Providers and Advertisers
Third party product and service offerings made available for purchase by you on the Site are made and offered directly by the applicable third party service provider or advertiser. When you purchase any such product or service offering through the Site, you acknowledge that you are contracting directly with the applicable third party service provider or advertiser and not with Xplova. Your correspondence or business dealings with, or participation in promotions of, third party service providers or advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party service provider or advertiser. Although we are interested in receiving feedback regarding our third party service providers and advertisers and their products and services, and may from time to time assist you in your dealings with such third party service providers and advertisers, Xplova is not responsible for the performance or nonperformance of any third party service provider or advertiser. You are in no way obligated to use or transact business with any particular third party service provider or advertiser that appears on the Site. YOU AGREE THAT XPLOVA SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU AS THE RESULT OF ANY OF YOUR DEALINGS WITH THIRD PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE ON THE SITE.
Interactions between Site Users
The Site acts as a venue to network members in a virtual information place. As a neutral facilitator, Xplova is not directly involved in the actual transactions between members of the Site. As a result, Xplova has no control over the truth, accuracy, quality, legality, or safety of postings made by users of the Site. Xplova shall have no responsibility to confirm the identity of members. Xplova shall also have no responsibility to confirm or verify the qualifications, background, or abilities of users of the Site. You shall at all time exercise common sense and good judgment when dealing with any user of the Site.
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 Xplova 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.Xplova 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, 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 Xplova for use in accessing the Site.The term XPLOVA, the Xplova logo and other Xplova logos and product and service names are the exclusive trademarks of, and are owned by, Xplova, Inc., and you may not use or display such trademarks in any manner without Xplova’s prior written permission. Any third party trademarks or service marks displayed on the Site are the property of their respective owners.Xplova reserves all rights not expressly granted hereunder.
Xplova welcome your comments, feedback, suggestions, and other recommendation regarding the Site and the services we make available through the Site (collectively, “Feedback”). You are not obligated to provide Feedback, but in the event that you provide Feedback, you hereby grant to Xplova a worldwide, non-exclusive, transferrable, assignable, sub-licenseable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display and perform and otherwise exploit such Feedback and to use, make, have made, sell, offer for sale, import and export products and services based on such Feedback. For this reason, we ask that you not send Xplova any Feedback that you do not wish to license to us as set forth above.
Disclaimer of Warranties and Liability
The information, software, products, services and content available on the site is provided to you “as is” and without warranty. Xplova and its subsidiaries, affiliates, officers, employees, agents, partners and licensors hereby disclaim 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. Xplova 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 xplova is not providing medical advice via the site. The content provided through the site, including all text, photographs, images, illustrations, graphics, audio, video and audio-video clips, and other materials, whether provided by us or by other account holders or third parties is not intended to be and should not be used in place of (a) the advice of your physician or other medical professionals, (b) a visit, call or consultation with your physician or other medical professionals, or (c) information contained on or in any product packaging or label. Should you have any health related questions, please call or see your physician or other healthcare provider promptly. Should you have an emergency, call your physician or 911 immediately. You should never disregard medical advice or delay in seeking medical advice because of any content presented on this site, and you should not use the site or any content on the site for diagnosing or treating a health problem. The transmission and receipt of our content, in whole or in part, or communication via the internet, e-mail or other means does not constitute or create a doctor-patient, therapist-patient or other healthcare professional relationship between you and xplova. You expressly agree that your athletic activities, which generate the content you post or seek to post on the site (including but not limited to cycling) 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 xplova or by the action, inaction or negligence of others. You are responsible for choosing a suitable route for yourself and you agree that Xplova cannot guarantee and does not take any responsibility for your ability to ride the chosen route, whether you have the necessary equipment to do so, whether riding the route is feasible, and whether the weather conditions are suitable for walking or riding without posting a substantial threat to the life, body and health of you. You also expressly agree that xplova does not assume responsibility for the inspection, supervision, preparation, or conduct of any race, contest, group ride, routes or event that utilizes xplova’s site. You expressly agree to release xplova, its subsidiaries, 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 xplova 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 xplova has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
You agree to indemnify and hold Xplova 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 Xplova 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.
You agree that Xplova may, under certain circumstances and without prior notice, immediately terminate your account and/or access to the Site. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Site (or any portion thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) nonpayment of any fees owed by you in connection with the Site. Termination of your account may include (x) removal of access to all offerings within the Site, (y) deletion of your information, files and Content associated with or inside your account, and (z) barring of further use of the Site. Further, you agree that all terminations for cause shall be made in Xplova’s sole discretion and that Xplova shall not be liable to you or any third party for any termination of your account or access to the Site.
This Site is controlled by Xplova from its offices within the Republic of China (ROC), Taiwan. Xplova 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 ROC, Taiwan do so on their own initiative and are responsible for compliance with applicable local laws. Any action related to the Site, the Content or the Terms shall be governed by Taiwan law, without regard to conflicts of laws thereof.
You agree that no joint venture, partnership, employment or agency relationship exists between you and Xplova as a result of the Terms or your use of the Site. The Terms constitute the entire agreement between you and Xplova with respect to your use of the Site. The failure of Xplova 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 Xplova. Xplova 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. Xplova’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 form 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.
Support and Questions
We will provide support to you related to the Site via the following methods: Website: www.xplova.com Email: email@example.com We strive to respond to support requests within 48 hours after the request is placed. If you have any questions regarding these Terms, please contact us by email at firstname.lastname@example.org.