User Agreement
User Agreement
1. CCN website services
Cycle Component Network Inc. (“CCN”, “we”, “us” or “our”) owns and operates this site (the “CCN Website”), which provides services for event registrations, club event membership processing, fundraising, messaging and other web-based services (the “CCN Website Services”).
By accessing or using the CCN Website including any CCN Website Service, you acknowledge and represent that you have read and understood this User Agreement and the Privacy Policy and any updates thereto posted on the CCN Website, and you represent, warrant and agree that you are bound by all of the terms and conditions of this User Agreement and the Privacy Policy. Your continued use of the CCN Website constitutes your binding acceptance of any update to this User Agreement or the Privacy Policy.
2. User Content
The CCN Website may make accessible material, postings, video, audio and other content originating from users of the CCN Website (“User Content”) and links to external sites not under CCN’s control or ownership. You acknowledge that CCN has no obligation to vet or pre-screen User Content and has no liability for your interaction with such external sites, and agree that CCN may remove, replace or move any content or link of the CCN Website, including any account for CCN Website Services, for any reason at any time and without notice.
Inquiries regarding the CCN Website or its content (including User Content) may be directed to:
OR
North America
Customer Services
Cycle Componet Network Inc.
Unit 1, 107 Kings Road West
North Vancouver, British Columbia
CANADA, V7N 2L7
To give notice to CCN of any material on the CCN Website you believe infringes a copyright or violates an intellectual property right, please identify the material with sufficient detail to permit CCN to readily locate the material. CCN may require further information from you before taking action in respect of the material.
3. Eligibility
You must be 13 years or older to use any CCN Website Service, including creating a user account.
CCN reserves the right to revoke any account, terminate this User Agreement and deny access to the CCN Website or its Services to any person for any reason and without notice, including for any violation of this User Agreement or the Privacy Policy.
4. Conduct
You agree to abide by all applicable local, state or provincial, national and international laws, statutes, ordinances and regulations.
In using the CCN Website, YOU WILL NOT:
a) post, disseminate or upload content that is illegal, obscene, pornographic, harassing, abusive, hateful, discriminatory, defamatory, fraudulent, or likely to harm another including a minor.
b) infringe another party’s intellectual property, proprietary, privacy, publicity, contractual or fiduciary rights, including CCN’s intellectual property rights in the CCN Website.
c) engage in any illegal, fraudulent or improper marketing practice, use false pretences to obtain another party’s personal information, or attempt to gain unauthorized access to any CCN Website Service or account.
d) impersonate any person or entity, including any CCN employee or representative, register multiple accounts, register an account on behalf of any individual person other than yourself, or register an account on behalf of any group or entity if you are not an authorized representative of that group or entity.
e) use any credit card other than your own when purchasing CCN Website Services.
f) post, distribute or transmit any malware, including any software, computer code or program containing a virus, Trojan horse, time bomb, cancel-bot or worm or that is designed to damage or limit the functionality of any computer software, hardware or telecommunications equipment.
g) use the CCN Website in any manner likely to damage, disable, impair or overburden the CCN Website.
h) disseminate unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
i) modify, adapt, translate, decompile or reverse engineer any portion of the CCN Website, except as expressly authorized by CCN.
By creating an account with the CCN Website, you agree to be solely responsible for all activities occurring under your account, including maintaining the confidentiality of your password.
5. Proprietary Rights
CCN does not claim ownership of User Content, but reserves all of its rights in respect of all other content of the CCN Website. By posting or uploading User Content to the CCN Website, you grant, and represent and warrant that you have the right to grant, to CCN an irrevocable, perpetual, non-exclusive, fully paid, sub-licensable worldwide licence to use, copy, perform, display and distribute said User Content and to prepare derivative works of, or incorporate into other works, said User Content. You waive all moral rights in respect of said User Content. You grant CCN all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of said User Content by any party for any purpose.
6. Free and Paid Services
CCN will not charge you for creating a user account or for visiting public areas of the CCN Website. However, CCN does charge fees for the CCN Website Services, such as when the CCN Website is used for event registrations, club membership processing and fundraising, as well as applicable taxes. CCN reserves the right to update its fees from time to time.
You are responsible for reviewing, understanding and accepting all fees or charges and all pre-authorization, pre-payment and donation requirements for all CCN Website Services BEFORE clicking on final acceptance for those CCN Website Services. IF YOU DO NOT WISH TO ACCEPT A CHARGE, OR COMPLY WITH A PRE-AUTHORIZATION OR PRE-PAYMENT REQUIREMENT FOR A CCN WEBSITE SERVICE, THEN PLEASE CANCEL OR CHANGE YOUR SELECTIONS BEFORE CLICKING ON FINAL ACCEPTANCE OF THE SERVICE.
For a buyer to register for an event, purchase a club membership or make a donation, CCN ordinarily requests from the buyer credit card/other payment method authorization for pre-payment of the costs expected to be incurred by the buyer.
You agree to pay all fees, including applicable taxes, associated with a CCN Website Service invoked under your account in a timely manner with a valid payment method. CCN reserves the right to use any lawful collection method to collect overdue amounts, including collecting by any payment method associated with your account. You acknowledge CCN HAS A NO-REFUND POLICY FOR THE FEES AND TAXES CHARGED BY CCN and you agree that CCN has no obligation to refund any fees owed to CCN.
7. Terms and Conditions for Event Organizers, Club Membership Registrations and Fundraisers
Acceptance of Terms
Cycle Component Network Inc. (‘CCN’) provides online event registration, club membership and fundraising management services (hereto referred to as ‘events’) to you (‘the organizer’) including secure payment processing, subject to the following terms and conditions, which can be modified or changed periodically without notice to you. Users and members of CCN are subject to the following rules and guidelines, general terms of conditions of membership and applicable statutory laws. You agree not to hold CCN responsible for others users content or actions. In addition, you acknowledge that you are responsible for the accuracy and content, including graphics and photos as well as the accuracy and truth of information posted by you at all times. The CCN site will only be used for the purpose of advertising and related registration for events. You agree that CCN does not have control over the accuracy, safety or legality of events advertised on its site. The organizer is responsible for organizing the event and CCN cannot be held responsible in any way for a failure by the organizer to deliver on their commitments to hold an advertised event in the manner in which it is advertised on the CCN site. You agree that you will not use the CCN site for fraudulent purposes and to abide by the privacy and all other conditions of CCN membership. Should an event be cancelled or you are unable to deliver on the promised service (membership, event or other), you agree to reimburse the participant in full within 30 days, including CCN fees and applicable taxes. You will reimburse CCN for any fees and applicable taxes within 30 days of event termination that have been incurred.
Privacy
You agree to abide by the CCN privacy conditions and to respect applicable statutory laws. The organizer is responsible for maintaining the confidentiality of their account, including passwords, and remains at all times fully responsible for activities that occur under their password and account. Upon any suspicion or actual occurrence that security of the account has been potentially or actually jeopardized, the organizer will immediately contact CCN to have their account(s) frozen and rendered inactive. You agree that CCN cannot be held responsible for any losses, actual or perceived, that might arise from your failure to comply with account security terms and conditions. The organizer agrees to appropriately exit their account at the end of each session and to only access their account through a single login name and password that will not be shared with multiple users. If an organizer requires multiple users to have access to their account and profile, each user will require and use a separate login name and password. We reserve the right to render inactive and prevent future re-activation of a login name or person in the event of breach, actual or perceived, of these terms and conditions.
Resale
You agree not to reproduce, duplicate, copy, sell or resell or otherwise exploit for any purpose any portion of the CCN service. Furthermore, you agree not to modify the software in any manner or form or to use modified versions of the software for the purpose of obtaining unauthorized access to the CCN event management system.
Termination
CCN can terminate this agreement and related terms and conditions at any time without providing a reason, including for any suspicion of fraudulent activity, potential damage to the CCN brand or failure to comply with terms and conditions listed on the CCN site. The organizer has the right to terminate this agreement at any time. This does not remove the organizers responsibility to follow through on commitments they have made to third parties and event registrants, for which CCN assumes no responsibility. The provisions of this agreement shall survive its termination, including the limitation of liability paragraph.
Indemnification
The organizer agrees to indemnify, defend and hold harmless CCN, its officers, directors, employees and agents from and against losses, expenses, damages and costs, including legal fees incurred, which result from the violation of the terms and conditions of use of the CCN site.
Limitation of liability
In any action, claim, loss or damage arising out of the agreement to provide event services, the organiser agrees that CCN’s liability will be several and not joint and several and the organiser may only claim payment from CCN of CCN’s proportionate share of the total liability based on degree of fault. Any action against CCN must be commenced on or before the date which is the earlier of: i) eighteen months from the date on which the event is completed and, ii) the date by which an action must be commenced under any applicable legislation other than limitation legislation. In no event shall CCN be liable to the organiser whether the claim be in tort, contract or otherwise, for an amount in excess of the fees received by CCN for a particular event. Under no circumstances will CCN be liable for the organisers’ inability to honour their commitments to the event registrant or any damages or viruses that might infect your computer operating systems. In no event shall CCN be liable to the organiser, whether a claim be in tort, contract or otherwise for any consequential, indirect, lost profit or similar damages, or failure to realize expected savings. The organizer acknowledges that if there is a dispute between the organizer and an event registrant or other third party (such as, but not limited to volunteers and charities), the organizer releases CCN (including our officers, directors, agents and employees) from every kind of claim, demand or damages arising from every kind of dispute.
CCN will use all reasonable efforts to complete within any agreed upon time-frame the performance of the services described above. However, CCN shall not be liable for failures or delays in performance that arise from causes beyond its control, including the untimely performance or non-performance by organiser of its obligations or unavailability of the CCN servers.
Disclaimer of warranties
You expressly understand and agree that:
1) The use of the CCN event registration service is at the sole risk of the organizer and that service is provided on an ‘as is’ and ‘as available’ service.
2) CCN makes no warranty that the service will meet the organizers specific requirements and that the service may be interrupted through events beyond CCN's control
3) CCN is not responsible for any software or other items downloaded from the CCN website that damages or in any other way, harms the organizers computer operating systems
Governing law
This agreement will be governed by the laws of British Columbia. You and CCN agree to submit any unresolved dispute or litigation arising as a result or in relation to the event services provided to the exclusive jurisdiction of the Courts of British Columbia.
8. Release
If you have a dispute with an event organizer, you release CCN and its affiliates, directors, officers, employees, consultants, agents, licensors, partners, successors, suppliers and any parent company or subsidiary of CCN (collectively, “CCN and Affiliates” or “CCN AND AFFILIATES”) from claims, demands and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of in any way connected with said dispute. You waive in favour of CCN all rights in your jurisdiction contrary to or limiting this release.
10. Disclaimer of Warranties
YOU AGREE THAT YOUR USE OF THE CCNWEBSITE AND ITS SERVICES IS ENTIRELY AT YOUR OWN RISK.
THE CCN WEBSITE AND ITS SERVICES ARE PROVIDED “AS IS” ON AN “AS AVAILABLE” BASIS AND WITHOUT WARRANTY OF ANY KIND, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE LAW NOTWITHSTANDING THIS EXCLUSION. CCN AND AFFILIATES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, USABILITY OF ANY FUNCTION OF THE CCN WEBSITE, PERFORMANCE AND RELIABILITY OF ANY CCN WEBSITE SERVICE, WARRANTIES IN RESPECT OF OTHER SERVICES OR GOODS OBTAINED OR ACCESSED THROUGH OR ADVERTISED ON THE CCN WEBSITE, NON-TRANSMISSION OF AND NON-EXPOSURE TO VIRUSES OR OTHER MALWARE THROUGH THE CCN WEBSITE, AND NON-INFRINGEMENT OF ANY PROPRIETARY RIGHTS.
CCN AND AFFILIATES DO NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF ITEMS ADVERTISED ON OR OBTAINED THROUGH THE CCN WEBSITE, THE ACCURACY OR QUALITY OF USER CONTENT, THAT CCN WILL TAKE ACTION AGAINST ALL BREACHES OF THIS USER AGREEMENT, THE ABILITY OF AN EVENT ORGANIZER TO PROVIDE THE EVENT AS ADVERTISED, THE ABILITY OF A BUYER TO BUY AND PAY FOR EVENTS, OR THE OPPORTUNITY TO RESOLVE A DISPUTE BETWEEN BUYER AND EVENT ORGANIZER.
Some jurisdictions do not permit or restrict the scope of disclaimers of warranties. The disclaimers of warranties of this User Agreement apply only to the fullest extent permitted by such jurisdictions, thus some of the above may not apply to you.
11. Limitation of Liability
CCN AND AFFILIATES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGES, EITHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, RESULTING FROM YOUR USE OF OR YOUR INABILITY TO USE THE CCN WEBSITE OR ITS SERVICES. NON-LIMITING EXAMPLES OF SUCH LOSS AND DAMAGES INCLUDE LOSS OF PROFITS, REVENUE, GOODWILL OR DATA, LOSS ARISING FROM INTERRUPTION, TERMINATION, MODIFICATION OR MISUSE OF THE CCN WEBSITE OR ITS SERVICES, AND DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE), WHETHER OR NOT CCN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. SUCH LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Some jurisdictions do not permit or restrict the scope of limitations and exclusions of liability. The limitations and exclusions of liability of this User Agreement apply only to the fullest extent permitted by such jurisdictions, thus some of the above may not apply to you.
12. Indemnification
You agree to indemnify and hold CCN and Affiliates harmless from any claim or demand, including reasonable attorney fees and court costs, due to or arising out of your use of the CCN Website or its Services, your exposure to User Content, User Content you post or upload to the CCN Website, breach of this User Agreement, or your violation of any law or right of a third party.
13. Jurisdiction, Governing Law and Time Limitation
This User Agreement and the Privacy Policy will be governed, interpreted and applied exclusively in accordance with the laws of the province of British Columbia, Canada and the laws of Canada applicable in British Columbia, which will be deemed to be the proper law of this User Agreement without giving effect to conflict of laws provisions of any jurisdiction. Any claim, cause of action, legal proceeding or litigation arising from or in connection with or in any way relating to use of the CCN Website or its Services will be brought solely in the courts of British Columbia, and any appellate court therefrom, and you consent to the jurisdiction of such courts.
Any statute or law to the contrary notwithstanding, any claim or cause of action due to or connected with use of the CCN Website or its Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.
14. Copyright
Copyright on every aspect and part of the website belongs to Cycle Component Network Inc. This is unless it is otherwise indicated. It may not be sold, copied, licensed, used or otherwise reproduced, in whole or part, in any manner or form without the prior written consent of Cycle Component Network Inc.
15. Termination
You may terminate your user account at any time. To cancel your user account, please click here. You acknowledge and agree that CCN may in its sole discretion at any time terminate your account for any reason and without notice, and may suspend or discontinue the CCN Website Services at any time for any reason and without notice. While CCN will endeavour to provide notice of any planned discontinuance of the CCN Website Services, you agree that CCN will not be liable to you or any third party for any suspension, discontinuance or modification of the CCN Website Services or access thereto.
The provisions of sections 2, 3 and 5-14 will survive termination of this User Agreement or your account and any discontinuance of the CCN Website or its Services.
16. General
This User Agreement is the entire agreement between you and CCN relating to its subject matter, and supersedes all prior or contemporaneous oral or written agreements, communications, proposals, representations and warranties relating to its subject matter. During its term, this User Agreement prevails over any conflicting or additional terms relating to its subject matter of any communication between you and CCN. CCN’s failure to enforce or act in respect of a violation of this User Agreement will not in any way affect, limit or waive CCN's right to act in respect of any subsequent or similar violation.
If any part of this User Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remainder of this User Agreement will continue to be valid and enforceable to the fullest extent permitted by law.
