Terms of Use

We created BikeParkPRO to provide an added element of fun, achievement and competition to riding at bike parks. It’s meant to help you track your visits, measure your achievements, and progress your riding. And who doesn't want to get better at shredding the trails!?

We all know the risks involved in mountain biking, and we accept them every time we get on our bike. This is especially applicable when riding at a bike park. When you buy a pass to ride at any park, you agree to the terms and conditions of riding at that bike park, and accept the inherent risk. If you injure yourself riding, please don’t blame us! No doubt you try to ride fast, and push yourself technically, regardless of whether or not you use a GPS based App like BikeParkPRO. So please don't take your frustration out on us! Remember we are part of the same community that you are, and we only built this so we could all have more fun when shredding our local park.

And regardless of whether you use BikeParkPRO of not, there’s a trail etiquette and a standard of behavior expected. It should go without saying really, as all of us in the mountain bike community should recognize our culture and respect other riders that are part of it. You'll see these and other similar statements in the responsibility code of most bike parks, but here’s what we expect from the BikeParkPRO community...


TERMS & CONDITIONS

Key Points

Terms of Use

The BikeParkPRO website, mobile application and services available in connection with this site (the "Site") are made available to you by BikeParkPRO subject to these terms and conditions, including those defined in the BikeParkPRO Privacy Policy. By accessing, using or downloading any materials from the Site, you agree to follow and be bound by the Terms, which may be updated from time to time without notice to you. You can review the most current version of the Terms at any time at Terms of Use. BikeParkPRO may make improvements and/or changes to the products, features, services, and prices described in this Site at any time without notice.

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. BikeParkPRO reserves the right to temporarily or permanently modify or discontinue the Site or any portion of the Site at any time, with or without notice. You agree that BikeParkPRO shall not be liable to you or to any third party for any such change in service.

Registration

To use the services available on the Site, you must create a membership account using your existing Facebook account. You are subsequently able to edit certain details on your BikeParkPRO profile page. Additional email registration will be implemented soon, and in either case you agree to provide true, accurate, current and complete information about yourself as prompted by the registration form. You agree that BikeParkPRO may use your details to provide services and information on the Site for which you have expressed a personal preference. Registration and use of standard features of the Site is free.

Payments, Renewals, and Cancellation

If you choose to become a PRO member, you must provide information about your preferred payment method (e.g., credit card, or any other payment method made available by BikeParkPRO) (“Payment Method”). You may change the Payment Method or update your payment information by visiting your account “Profile” page.

You may pay PRO membership fees on a monthly or annual basis. All membership fees are payable in advance, will be billed automatically to the Payment Method at the start of the monthly or annual period, and will auto-renew until your membership is terminated. The renewal membership fees will be the same as the initial charges unless you are otherwise notified in advance. You authorize BikeParkPRO to charge your Payment Method for the appropriate membership charges and fees. BikeParkPRO reserves the right to increase membership fees or to introduce new fees at any time upon reasonable notice posted in advance on this Site. Members changing from monthly to annual memberships will have the annual rates take effect at the beginning of the next billing date. If you change your membership, this may result in a new billing date effective upon the date you elect to change. You agree to pay all membership fees and other charges incurred in connection with your username and password for your BikeParkPRO account. ALL PURCHASES ARE FINAL AND NO REFUND WILL BE GIVEN FOR UNUSED PORTIONS OF ANY RENEWAL MEMBERSHIP PERIOD.

You may cancel your PRO membership by visiting your account “Profile” page. The cancellation of PRO membership will take effect at the end of your current billing cycle, and you will have the same level of access to the Site through the remainder of that cycle. When your PRO membership ends, your account will enter standard (free) user mode. No refunds or credits will be provided by BikeParkPRO upon cancellation. You can renew your PRO subscription at anytime without opening a new account.

User Content

The Site is used to process, analyze, and display user submitted data (collectively, “Content”). This Content can be collected by a multitude of electronic devices and uploaded to the Site wirelessly or otherwise. BikeParkPRO does not claim ownership of Content you may submit to the Site. However, with respect to this Content, you grant BikeParkPRO 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.

All Content will be visible to all Site users. However in the future, the Site may provide you with the option of making certain Content that you submit private or available only to select users. BikeParkPRO will therefore maintain the privacy of such Content in accordance with your selection. If at that stage, you do not identify your Content as private or available for select users only, or later change such designation to allow the Content to be visible to all Site users, BikeParkPRO can not and does not guarantee the privacy of such Content.

You expressly acknowledge and agree that BikeParkPRO has no personal knowledge, nor makes any warranties or representations about the preparation, condition, or maintenance of any bike park trail, or any factors, whether naturally-occurring or resulting from human action, pertaining to the quality or safety of any trail.

By attempting to ride any trail, you expressly acknowledge and agree that your riding activities 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 BikeParkPRO or of others.

You expressly acknowledge that certain features of the BikeParkPRO website including Leaderboards, are automatically generated from user-submitted Content. You expressly agree that BikeParkPRO makes no representations or warranties about the accuracy, truthfulness, or quality of the Content. You expressly acknowledge and agree that the generation of a Leaderboard from such Content does not constitute an endorsement or representation by BikeParkPRO of the preparation, condition, maintenance, quality or safety of any trail.

User Conduct

You are responsible for maintaining the confidentiality of your log in details 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. We endeavor 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 understand that you, and not BikeParkPRO, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Site. We do 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.

You agree to not use the Site to: (a) upload, post, email, transmit or otherwise make available ("Submit") any Content that is unlawful, harmful, threatening, abusive, harassing, pornographic, 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) Submit any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (e) Submit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (f) Submit 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.

Under no circumstances will BikeParkPRO 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 you may Submit.

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. BIKEPARKPRO 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. BIKEPARKPRO 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 YOUR MOUNTAIN BIKE ACTIVITIES, WHICH GENERATES THE CONTENT YOU POST ON THE SITE 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 BIKEPARKPRO OR OF OTHERS. YOU ALSO EXPRESSLY AGREE THAT BIKEPARKPRO DOES NOT ASSUME RESPONSIBILITY FOR THE INSPECTION, SUPERVISION, PREPARATION, OR CONDUCT OF ANY RACE, COMPETITION OR EVENT THAT UTILIZES THE BIKEPARKPRO PRODUCT OR SITE.

YOU EXPRESSLY AGREE TO RELEASE BIKEPARKPRO, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY CONNECTED WITH YOUR RIDING ACTIVITIES, AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH YOUR RIDING 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 BIKEPARKPRO WHILE ENGAGED IN MOUNTAIN BIKE 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 BIKEPARKPRO HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME U.S. STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnity

You agree to indemnify and hold BikeParkPRO employees, partners and representatives harmless from any claims, actions or demands, including reasonable attorneys’ fees, due to or arising from your use of the Site, your riding activities which generate the content for the Site, and/or your violation of these Terms of Use.


Competitions

The BikeParkPRO competitions are open to registered riders that upgrade their account to the BikeParkPRP Pass. To be eligible for any prize, riders must be a BikeParkPRO Pass holder for the full duration of the competition as set out in the promotional material. Entrants must be aged 13 or over. Proof of identity and age may be required.

The winner(s) agree(s) to the use of their name, photograph and disclosure of country of residence and will co-operate with any other reasonable requests by BikeParkPRO relating to any post-winning publicity.

The prizes are as stated, are not transferable to another individual. In the event of a prize being unavailable, BikeParkPRO reserves the right to offer an alternative prize of equal or greater value.

BikeParkPRO reserves the right to amend or alter the terms of competitions at any time and reject entries from entrants not entering into the spirit of the competition.

For Leaderboard based competitions, in the event of a tie and unless stated otherwise, the winner(s) will be drawn at random from all correct entries received by the closing date stated within the promotional material.

All reasonable efforts will be made to contact the winner(s). If the winner(s) cannot be contacted, or are unable to comply with these terms and conditions, BikeParkPRO reserves the right to offer the prize to the next eligible entrant drawn at random, or in the event that the promotion is being judged, BikeParkPRO reserves the right to offer the prize to the runner(s)-up selected by the same judges.

Confirmation of the prize will be made in writing via email to the winner(s). Failure to respond and/or provide an address for delivery, or failure to meet the eligibility requirements may result in forfeiture of the prize.

Where applicable, the decision of the judges is final based on the criteria set out in the promotion and no correspondence will be entered into over this decision. Competitions may be modified or withdrawn at any time.


Questions

If you have any questions regarding these Terms of Use, please email us at [email protected].