Why A Bike? Website, App and Related Services Terms of Use and Privacy Policy

 

Agreement between user and www.whyabike.com and related app, software, sms related services

 

WhyABike? is comprised of various web pages, digital products, smartphone apps, SMS and other services (the "Services" operated by WhyABike? ("WAB"). The Services offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of the Services constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

 

WAB is a digital products and services organization providing

 

multi-modal, bike and commuter related digital products and services

 

Privacy

 

Your use of the Services is subject to WAB's Privacy Policy. Please review our Privacy Policy, which also governs the Services and informs users of our data collection practices.

 

Electronic Communications

 

Visiting www.whyabike.com, using any of our digital products, smartphone apps, our SMS service or sending emails to WAB constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the WAB site, our smartphone apps or via SMS satisfy any legal requirement that such communications be in writing.

 

Your account

 

If you use the Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, phone or other electronic device, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that WAB is not responsible for third party access to your account that results from theft or misappropriation of your account. WAB and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

 

WAB does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Services only with permission of a parent or guardian.

 

 

Cancellation

 

You may discontinue your registration with any WAB product or service and/or ask us to delete your user account and information at any time. Please contact us at hello@whya.bike with any questions.

 

Phone and SMS Charges

 

Your use of any of the Services constitutes and agreement and understanding that your service provider may apply phone and usage charges depending on your plan.

 

Links to third party sites/Third party services

 

The Services may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of WAB and WAB is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. WAB is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by WAB of the site or any association with its operators.

 

Certain services made available via the Services are delivered by third party sites and organizations. By using any product, service or functionality originating from the Services domain, you hereby acknowledge and consent that WAB may share such information and data with any third party with whom WAB has a contractual relationship to provide the requested product, service or functionality on behalf of WAB users and customers.

 

User Content and Conduct

When you use the Services, information about you or your transportation habits and preferences may be recorded.  To use some of the optional web-based features of the Services, you can input certain additional personal information and will have the option to create a personal account.  If you input additional personal information, you must provide true and accurate information.  Your failure to do so may negatively impact your ability to use the features of the Services.  If you create an account, you are responsible for any actions that take place under your account.  Keep your username and password secure and do not allow anyone else to use them.   By submitting content to the Services (whether by inputting information such as your name, email address, age, etc., or by allowing the Services to collect automatically generated information such as your location), you grant WAB a non-exclusive, non-revocable, worldwide, transferable, royalty-free, perpetual right to use that information in any manner or media now or later developed, for any purpose, commercial, advertising, or otherwise, including the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute, assign, and commercialize without any payment due to you; provided, however, that such use shall be in accordance with the Privacy Policy, below. WAB does not monitor or prescreen user-generated content before it is posted and does not undertake any obligation or liability related to any such content, but reserves the right to remove or edit any such content or to terminate your account for any reason.  If you elect to create an account using a social networking account (such as a Facebook, Google, or other social networking account), you acknowledge and agree that information that you submit to and that is collected by the Services may be shared via that social networking account.  WAB does not monitor or prescreen content before it is posted to your social networking account; you are solely and personally responsible for any content that may be posted to your social networking accounts.

 

 

No unlawful or prohibited use/Intellectual Property

 

You are granted a non-exclusive, non-transferable, revocable license to access and the Services strictly in accordance with these terms of use. As a condition of your use of the Services, you warrant to WAB that you will not use the Services for any purpose that is unlawful or prohibited by these Terms. You may not use the Services in any manner which could damage, disable, overburden, or impair the Services or interfere with any other party's use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services.

 

All content included as part of the Services, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Services, is the property of WAB or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

 

 

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Services. WAB content is not for resale. Your use of the Services does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of WAB and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of WAB or our licensors except as expressly authorized by these Terms.

 

 

Third Party Accounts

 

You will be able to connect your WAB account to third party accounts. By connecting your WAB account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature and/or ask us to remove your account by contacting hello@whya.bike.

 

International Users

 

The Service is controlled, operated and administered by WAB from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the WAB Content accessed through the Services in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

 

Indemnification

 

You agree to indemnify, defend and hold harmless WAB, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. WAB reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with WAB in asserting any available defenses.

 

Liability disclaimer

 

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH WAB SITES AND SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WHYABIKE? AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SERVICES AT ANY TIME.

 

WHYABIKE? AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SERVICES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. WHYABIKE? AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

 

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WHYABIKE? AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICES, WITH THE DELAY OR INABILITY TO USE THE SERVICES, SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WHYABIKE? OR ANY OF ITS SUPPLIERS 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. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.

 

 

Termination/access restriction

 

WAB reserves the right, in its sole discretion, to terminate your access to any of the Services or any related portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Pennsylvania and you hereby consent to the exclusive jurisdiction and venue of courts in Pennsylvania in all disputes arising out of or relating to the use of the Services. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and WAB as a result of this agreement or use of the Services. WAB's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of WAB's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by WAB with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

 

 

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and WAB with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and WAB with respect to the Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

 

 

Changes to Terms

 

WAB reserves the right, in its sole discretion, to change the Terms under which WAB services are offered. The most current version of the Terms will supersede all previous versions. WAB encourages you to periodically review the Terms to stay informed of our updates.

 

Contact Us

 

WAB welcomes your questions or comments regarding the Terms:

 

WhyABike?

 

3401 Market Street - Suite 200

Philadelphia, Pennsylvania 19123

 

 

Email Address:

 

 

hello@whya.bike

 

 

 

Privacy Policy

 

 

 

 

Protecting your private information is our priority. This Statement of Privacy applies to www.whyabike.com and all WhyABike? related apps, software, sms services or other related services and governs data collection and usage of these sites and services. For the purposes of this Privacy Policy, unless otherwise noted, all references to WhyABike? (“WAB”) include its site, software, apps, products and services. WAB is a digital products and services organization. By using the WAB services, you consent to the data practices described in this statement.

 

 

Collection of your Personal Information

 

WAB may collect personally identifiable information, such as your name. If you purchase or use WAB's products and services, we may collect billing and credit card information. This information will be used to complete the purchase transaction. WAB may also collect anonymous demographic information, which is not unique to you, such as your age, gender, phone number and city of residence. We may gather additional personal or non-personal information in the future.

 

Information about your computer hardware and software may be automatically collected by WAB. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the WAB services.

 

 

Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through WAB's public message boards, such as FaceBook, Twitter or any other public medium associated with WAB, this information may be collected and used by others.

 

 

WAB encourages you to review the privacy statements of websites you choose to link to from WAB services so that you can understand how those websites collect, use and share your information. WAB is not responsible for the privacy statements or other content on websites outside of the WAB website.

 

 

Use of your Personal Information

 

WAB collects and uses your personal information to operate its website(s) and deliver its services.

 

WAB may also use your personally identifiable information to inform you of other products or services available from WAB and its affiliates. WAB may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.

 

 

WAB may sell, rent, lease or share customer information to third parties for the following reasons: bike and pedestrian infrastructure planning.

 

 

WAB may share data with trusted partners to improve WAB services, help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to WAB, and they are required to maintain the confidentiality of your information.

 

 

WAB may keep track of the websites and pages our users visit within WAB sites, products or services, in order to determine what WAB services are the most popular. This data is used to deliver customized content and advertising within WAB to customers whose behavior indicates that they are interested in a particular subject area.

 

 

WAB will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on WAB; (b) protect and defend the rights or property of WAB; and, (c) act under exigent circumstances to protect the personal safety of users of WAB, or the public.

 

 

Use of Cookies

 

The WAB website and related services may use "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.

 

One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize WAB pages, or register with WAB site or services, a cookie helps WAB to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same WAB website, the information you previously provided can be retrieved, so you can easily use the WAB features that you customized.

 

 

You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the WAB services or websites you visit.

 

 

Security of your Personal Information

 

To secure your personal information from unauthorized access, use or disclosure, WAB uses the following:

 

Squarespace server security, Firebase.com security protocols, Unique User Authentication through trusted third parties like Google, Facebook, Twitter.

 

 

 

 

Children Under Thirteen

 

 

 

WAB does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use any of our services.

 

Opt-Out & Unsubscribe

 

We respect your privacy and give you an opportunity to opt-out of receiving announcements of certain information. Users may opt-out of receiving any or all communications from WAB by contacting us here:

 

- Email: hello@whya.bike

 

 

 

Changes to this Statement

 

 

WAB will occasionally update this Statement of Privacy to reflect company and customer feedback. WAB encourages you to periodically review this Statement to be informed of how WAB is protecting your information.

 

Contact Information

 

WAB welcomes your questions or comments regarding this Statement of Privacy. If you believe that WAB has not adhered to this Statement, please contact WAB at:

 

WhyABike?

 

3401 Market Street - Suite 200

Philadelphia, Pennsylvania 19123

 

Email Address:

 

hello@whya.bike

 

Effective as of June 08, 2016