TERMS AND CONDITIONS OF USE
Welcome to World Champ Tech. We’re glad you’re using our Apps. Please read the following, because it covers how you can use our Apps. We would rather we didn’t have to include it, but our lawyers made us do it. The following terms and conditions govern your access to, and use of the World Champ Tech mobile applications (hereafter “Apps”) including any content, functionality, and features or services offered on or through the Apps as part of your personal account (hereafter “Agreement”). Please read the following terms and conditions carefully before you start to use the Apps, as they form the entire agreement between you (sometimes referred to herein as "You" or "Your" or "User") and World Champ Tech, LLC (“Bike+,” or "we" or "us"). If you are not able to meet the foregoing requirements then discontinue use of the Apps and leave now. When accessing the information available through our Apps, you agree to all of the terms and conditions of this Agreement. You must agree to abide by all of the terms and conditions contained in this Agreement in order to become or remain an authorized user of the Apps.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, STOP NOW. YOU MAY NOT USE THE APPS. BY USING THE APPS YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT, INCLUDING ALL AMENDMENTS MADE HERETO FROM TIME TO TIME.
- Right to Use. The Apps are for your personal and noncommercial use. Don’t try to make money off of it. Your right to use the Apps are subject to the limitations, conditions, and restrictions established by us from time to time, in our sole discretion. We may alter, suspend, or discontinue any aspect of the Apps at any time, including the availability of any feature, database, or content. We may also impose limits on certain features and aspects of the Apps or restrict your access to parts or all of the Apps without notice or liability.
- Availability of Apps. By using the Apps, you acknowledge that you are using a mobile device-based platform, which may present information from third parties, and that while we take every reasonable action to make sure that the App remains fully functional and up to date, interruptions do happen, unfortunately, for any reason or no reason, including for routine maintenance. World Champ Tech retains the right at its sole discretion to deny access to part or all of the Apps to anyone, at any time and for any reason. You understand and acknowledge that due to circumstances both in our control and not in our control, access to the Apps may be interrupted, suspended, or terminated.
- Intellectual Property. We worked hard on these Apps. You acknowledge that we own all rights, title, and interest (including patent rights, copyrights, trade secret rights, mask work rights, trademark rights, sui generis database rights, and all other intellectual property rights of any sort throughout the world) in the Apps, and in any and all versions (whether or not patentable), works of authorship, mask works, designations, designs, know-how, ideas, and information made or conceived or reduced to practice, in whole or in part, compilations of data created through the use of the Apps by each user (collectively, “Intellectual Property”). Such ownership shall include rights in any advertising materials, Apps, and their reproductions, further versions, revisions, and/or derivative works of the Apps. Any goodwill existing or created as part of this agreement shall inure to the benefit of World Champ Tech only. Except as may be expressly granted herein, and necessary for your use of the Apps, World Champ Tech grants you no right, license, title, or interest in or to any of World Champ Tech Intellectual Property. You shall not copy without authorization, translate, reverse engineer, decompile, disassemble, or make derivative or transformative works of World Champ Tech Intellectual Property. Furthermore, you may not allow others to access or utilize your Account or Subscriptions to access the World Champ Tech Apps. World Champ Tech reserves all rights not specifically granted.
The following uses of World Champ Tech Intellectual Property are permitted:
- Mobile devices on which you use the Apps are permitted to make temporary copies of the Apps as stored on such devices incidental to the use and access of the Apps;
- You may store files that are automatically cached in mobile device for display enhancement purposes; and
- Post or share details of the rides you record via social media outlets which World Champ Tech offers access to within the Apps.
- Proprietary Use of Information. The Apps contains information presented in a way proprietary to us. We assert all applicable protection in the information presented through the Apps. Any information provided by us is protected whether or not it is identified as proprietary to us. You agree not to modify, copy, or distribute any such information in any manner whatsoever without having first received the express permission of the owner of such information. The name of the Apps, and all parts of the Apps, regardless of their name, are marks of or under license to us. No use of these marks shall be permitted except through the prior written authorization and permission of World Champ Tech or the licensor of the mark. All rights not expressly granted herein are reserved.
- User Warranties. By accessing information as part of the App, you warrant and agree that you: (a) possess the authority to create a binding legal obligation, on behalf of yourself personally, and are not impaired in this ability; (b) that all the information you provide to World Champ Tech is only about yourself, and that all of such information is accurate, true, current, and complete; (c) your use of the Apps will always comply with the terms of this Agreement, and your Account and or Subscriptions will be the use of each Account only; and (d) you will remain responsible for all uses of your Subscription, safeguard your password, and supervise the use of your Subscription.
- YOUR HEALTH. WORLD CHAMP TECH APPS ARE NOT MEDICAL DEVICES. WE ARE NOT DOCTORS AND WE'RE NOT PROVIDING MEDICAL ADVICE. YOU EXPRESSLY ACKNOWLEDGE THIS AND AGREE THAT WORLD CHAMP TECH IS NOT PROVIDING MEDICAL ADVICE VIA THE APPS. NONE OF THE CONTENT PROVIDED THROUGH THE APPS, INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, IS 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 APPS, AND YOU SHOULD NOT USE THE APPS OR ANY CONTENT ON THE APPS 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 WORLD CHAMP TECH.
- NO MATTER HOW MUCH YOU LOVE IT, RIDING A BICYCLE HAS RISKS. YOU EXPRESSLY AGREE THAT YOUR ATHLETIC ACTIVITIES, WHICH GENERATE THE CONTENT COLLECTED BY THE APP (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 WORLD CHAMP TECH OR BY THE ACTION, INACTION OR NEGLIGENCE OF OTHERS. YOU ALSO EXPRESSLY AGREE THAT WORLD CHAMP TECH DOES NOT ASSUME RESPONSIBILITY FOR THE INSPECTION, SUPERVISION, PREPARATION, OR CONDUCT OF ANY RACE, CONTEST, GROUP RIDE OR EVENT THAT UTILIZES OR IS REFLECTED IN DATA COLLECTED BY THE APPS.
- THIRD PARTY PROVIDERS. THE APPS MAY BE UTILIZED WITH THE PRODUTS OF CERTAIN THIRD PARTY HARDWARE PROVIDERS, MAY UTILIZE INFORMATION OR POST INFORMATION TO Apps may be utilized with the products of certain third party hardware providers, may utilize information from or post information to various third party providers including, but not limited to Google Maps, Twitter or the like. YOU AGREE THAT WORLD CHAMP TECH 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 APP PROVIDERS OR INFORMATION PROVIDED TO OR POSTED ON THESE PROVIDERS AVAILABLE ON THE APPS.
- Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT YOUR USE OF THE APPS IS AT YOUR SOLE AND EXCLUSIVE RISK. THE APPS ARE PROVIDED ON AN "AS IS, WITH ALL FAULTS," AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION: THE AVAILABILITY, ACCURACY OF CONTENT OR MATERIALS, INFORMATION, OR APPS, AND THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WORLD CHAMP TECH EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES. THE ENTIRE RISK AS TO THE QUALITY AND TIMELINESS OF THE INFORMATION, AND ALL APPS PROVIDED BY WORLD CHAMP TECH IS BORNE EXCLUSIVELY BY YOU. WORLD CHAMP TECH MAKES NO WARRANTY THAT THE APPS WILL MEET YOUR REQUIREMENTS, OR THAT THE APPS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES WORLD CHAMP TECH MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APPS OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE APPS. SHOULD THE APPS, IN ALL OF THE FORMS PROVIDED BY WORLD CHAMP TECH, PROVE DEFECTIVE AND/OR CAUSE ANY DAMAGE TO YOUR COMPUTER OR INCONVENIENCE TO YOU; YOU, AND NOT WORLD CHAMP TECH, ASSUME THE ENTIRE COST AND ALL DAMAGES WHICH MAY RESULT DIRECTLY AND INDIRECTLY FROM ANY AND ALL SUCH DEFECTS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. USERS IN STATES WHICH DO NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES MAY HAVE DIFFERENT LEGAL RIGHTS, WHICH MAY VARY BY JURISDICTION. UNDER NO CIRCUMSTANCES, AND UNDER NO CAUSE OF ACTION OR LEGAL THEORY, SHALL WORLD CHAMP TECH OR OTHER PARTIES, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, MOBILE OR OTHER DEVICE FAILURE OR MALFUNCTION, OR ANY AND ALL COMMERCIAL DAMAGES RESULTING FROM ANY USE OF MATERIALS OR OTHER USE OF THE APPS. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED $500.
- Jurisdiction/Disputes/Choice of Law. Beyond what we’ve written above, please don’t sue us. If you have to, this Agreement and all matters arising out of or otherwise relating to these terms and conditions shall be governed by the laws in effect in the State of New York, without regard to its conflict of law provisions. You hereby submit to the personal jurisdiction of the state and federal courts of the State of New York for resolution of all disputes. You hereby agree that exclusive venue for any litigation under this Agreement shall be with any federal, state, or county court located Santa Clara County, California. Each party shall be liable for their own attorneys’ fees, expenses, and costs both at trial and appellate levels.
- Affirmation of Agreement. You hereby acknowledge and affirm that you have read this entire Agreement and that you agree to be bound by all its terms and conditions by clicking where indicated on the App registration page and/or by authorizing the use of your credit or debit card for payment of such charges and fees necessary to create an Account or purchase a Subscription through App and for any other charges which you may incur.