Terms & Conditions
Terms of Service
The Pedaltrak websites, related mobile applications and services (collectively, the "Services") are made available to you by Peleus X, LLC., subject to these Terms of Service (the "Terms") and in accordance with the Pedaltrak Privacy Policy (the "Privacy Policy"). More information about the Services may be found at https://pedaltrak.com. You agree to comply with these Terms and any supplemental terms which Pedaltrak makes available to you on the Services which shall form part of the Terms. BY ACCESSING, USING OR UPLOADING OR DOWNLOADING ANY INFORMATION OR MATERIALS TO OR FROM THE SERVICES, OR BY INDICATING YOUR ASSENT TO THESE TERMS BY CREATING AN ACCOUNT, CLICKING "SIGN UP" OR ANY SIMILAR MECHANISM, YOU ARE AGREEING TO THE THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICES. This agreement was written in English. To the extent a translated version of the Terms conflict with the English version, the English version controls.
If you access or use the Services on behalf of a company or other entity, you represent that you have authority to bind such entity and its affiliates to these Terms and that it is fully binding on them. In such a case, the term "you" will refer to such an entity and its affiliates. If you do not have authority, you may not access or use the Services. These Terms contain disclaimers of warranties and limitations on liability that may be applicable to you.
The Pedaltrak Services cannot be provided and the agreement described in these Terms of Service cannot be performed without Pedaltrak processing data about you, and other Pedaltrak members. Processing of the data you share with Pedaltrak is essential to the Services which we provide and a necessary part of our performance of the agreement we have with you.
Notice Regarding Dispute Resolution: These Terms contain provisions that govern how disputes between you and Pedaltrak are resolved, including an agreement to arbitrate, which will, unless you reside in the European Union, with limited exception, require you to submit claims you have against us to binding and final arbitration and limit you to claims against Pedaltrak on an individual basis, unless you opt-out in accordance with the instructions below.
Registration and Accounts
The Services are intended solely for persons who are 13 years old or such higher age required in your country to use the Services. If you are under the legal age to form a binding contract in your jurisdiction, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.
To use the Services, you must register. You agree to: (a) provide true, accurate, current and complete information about yourself ("Member Data") and (b) maintain and promptly update the Member Data. You agree that Pedaltrak may use your Member Data to provide Services that you access or use and as otherwise set forth in these Terms. If you provide any Member Data that is inaccurate or not current, or Pedaltrak has reasonable grounds to suspect that such Member Data is inaccurate or not current, Pedaltrak has the right to suspend or terminate your account and refuse current or future use of the Services.
You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password, your computer and mobile device while logged into the Services. You accept responsibility for all activities that occur under your account or from your computer and mobile devices. 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 (as defined below) or the personal information you provide, and we cannot promise that our security measures will prevent third-party "hackers" from illegally accessing the Services or its contents. You agree to immediately notify Pedaltrak of any unauthorized use of your account or password, or any other breach of security.
You may register for or log-in to your account via a third-party network, such as Facebook or Google. If you do so, you hereby authorize Pedaltrak to pre-populate the registration and other relevant information fields of your account and/or to use such third-party credentials to log you into your account.
Cancellation
If you signed up with Pedaltrak, you may cancel your membership by contacting us.
Member Content and Conduct
Content
You own the information, data, text, software, sound, photographs, graphics, video, messages, posts, tags, or other materials you make available in connection with the Services ("Content"), whether publicly posted, privately transmitted, or submitted through a third party API. Public segments and routes created by using the Services are not considered Content. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display any Content and any name, username or likeness that you post on or in connection with the Services in all media formats and channels now known or later developed without compensation to you. This license ends when you delete your Content or your account.
You understand that you, and not Pedaltrak, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Services. Pedaltrak does not proactively and routinely screen or monitor the Content posted to the Services by others and, as such, does not guarantee the accuracy, integrity or quality of such Content.
Conduct
We expect you to honor the Pedaltrak Community Standards. The Services are 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 Services, use of the Services or access to Content.
Interactions with Members
The Services function as a venue to connect members in a virtual information place. As a neutral facilitator, Pedaltrak is not directly involved in the actual interactions between members of the Services. As a result, Pedaltrak has no control over the truth, accuracy, quality, legality, or safety of postings made by members of the Services.
Third Parties
Third party products and services made available on the Services are made and offered directly by the applicable third party. When you pursue or purchase any such product or service, you acknowledge that you are contracting directly with such third party and not with Pedaltrak. YOU AGREE THAT PEDALTRAK 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 THROUGH THE SERVICES.
Electronic Communications
The Services may provide you with the ability to send or post messages to forums or chat rooms, speak via internet voice connections or send similar messages and communications to third party service providers, advertisers, your personal contacts, other members and/or Pedaltrak. You agree to use communication methods available on the Services only to send communications and materials related to the subject matter for which Pedaltrak provided the communication method.
Proprietary Rights
You acknowledge and agree that the Services, any necessary software used in connection with the Services (if any), any aggregated data based on Content on the Services, and any Content available or made available on the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws.
Pedaltrak grants you a personal, revocable, non-transferable, non-sublicensable and non-exclusive right and license to access and use the Services; 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 Services, except where permitted by law.
The term PEDALTRAK, the Pedaltrak logo and other Pedaltrak logos and product and service names are the exclusive trademarks of, and are owned by, Peleus X, LLC., and you may not use or display such trademarks in any manner without Pedaltrak's prior written permission.
Claims of Infringement
The Digital Millennium Copyright Act (the "DMCA") provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. Pedaltrak also reviews claims of trademark infringement. If you believe in good faith that materials hosted by Pedaltrak infringe your copyright or trademark rights, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked.
Notices and counter-notices with respect to the Services must meet the then-current statutory requirements imposed by the DMCA (see https://copyright.gov/title17/92appb.html).
Your Feedback
We welcome your comments, feedback, suggestions, and other communications regarding the Services and the information and services we make available through the Services (collectively, "Feedback"). If you provide Feedback, you hereby grant to Pedaltrak a worldwide, non-exclusive, transferable, assignable, sub-licensable, 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.
Disclaimer of Warranties and Liability
THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED TO YOU "AS IS" AND WITHOUT WARRANTY. PEDALTRAK 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.
YOU EXPRESSLY AGREE THAT PEDALTRAK IS NOT PROVIDING MEDICAL ADVICE VIA THE SERVICES. THE CONTENT PROVIDED THROUGH THE SERVICES IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS.
YOU EXPRESSLY AGREE THAT YOUR ATHLETIC 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 PEDALTRAK OR BY THE ACTION, INACTION OR NEGLIGENCE OF OTHERS.
THE COMPANY'S MAXIMUM AGGREGATE LIABILITY TO YOU PURSUANT TO THESE TERMS SHALL NOT EXCEED THE GREATER OF EITHER (A) FIFTY DOLLARS ($50) OR (B) THE AMOUNT OF FEES PAID BY YOU TO PEDALTRAK IN THE 12-MONTHS PRIOR TO DATE THE CLAIM.
Indemnity
You agree to indemnify and hold Pedaltrak 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 Services, your use of the Services, your athletic activities which generate the Content you post or seek to post on the Services, your connection to the Services, your violation of the Terms, your violation of any data protection or privacy laws, or your violation of any rights of another person or entity.
Notice for California Members
Under California Civil Code Section 1789.3, California Services members are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.
Dispute Resolution
Arbitration
The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through good-faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration. Except for disputes relating to the Pedaltrak's intellectual property or if you opt out of this agreement to arbitrate, all claims arising out of or relating to this Agreement and your use of the Services shall be finally settled by binding arbitration administered by JAMS.
Class-Action Waiver
The parties further agree that any arbitration shall be conducted in their individual capacities only, and not as a class action or other representative action.
Thirty-Day Right to Opt Out
You have the right to opt out and not be bound by the arbitration- and class-action-waiver provisions set forth in this section by sending written notice of your decision to opt out to: Peleus X, LLC., oskar@pedaltrak.com. The notice must be sent within 30 days of registering to use the Services.
Time Limitation on Claims
You agree that any claim you may have arising out of or related to your relationship with Pedaltrak and these Terms must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
Choice of Law and Forum
Any action related to the Terms, Content, the Services, and your relationship with the Pedaltrak shall be governed by, and construed and interpreted in accordance with, the laws of the State of Ohio without regard to its conflict of laws principles. Subject to the Section entitled "Dispute Resolution", the parties irrevocably consent to bring any action to enforce this Agreement in the federal or state courts embracing Cleveland, Ohio.
If you are a user based in the European Union, then Irish law shall apply to these Terms and the Irish courts shall have exclusive jurisdiction to hear disputes arising in relation to the Terms.
United States Operation
This Services are controlled by Pedaltrak from its offices within the United States of America. Pedaltrak makes no representation that the Content or the Services are appropriate or available for use in other locations.
Termination
You agree that Pedaltrak may, under certain serious circumstances and without prior notice, immediately terminate your account and/or access to the Services. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements, policies 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 Services (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 Services.
General
You agree that no joint venture, partnership, joint controllership, employment or agency relationship exists between you and Pedaltrak as a result of the Terms or your use of the Services. The Terms constitute the entire agreement between you and Pedaltrak with respect to your use of the Services. The failure of Pedaltrak to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
Modification of the Terms and Services
Pedaltrak reserves the right to update the Terms at any time and for any reason in its sole discretion. Pedaltrak will notify you of any material changes to the Terms or to any service or other features of the Services. By continuing to access or use the Services after we have provided you with notice of a modification, you are agreeing to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services.
Support and Questions
We will respond to any questions regarding the Services and these Terms via oskar@pedaltrak.com. We generally respond to support requests within 10-14 days after the request is placed.
Last updated: 01-Oct-2020