PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
BykSmart requires that all visitors (“you”) to its site, BykSmart and its mobile app (collectively, the “Sites”), agree to all of the terms and conditions in this User Agreement (“UA”). By accessing and using the Sites, you indicate your acknowledgment and acceptance of this UA. As used in this Agreement, “we,” “our,” and “us” means BykSmart unless otherwise indicated.
Who is BykSmart?
We at BykSmart aim to help people find lower stress routes from point A to point B and helps connect the cyclists and local merchants. We envision a future where bike riders are a major component of local economies.
Use of the Sites is void where prohibited. By using the Sites, you represent and warrant that your use of the Sites does not violate any applicable law or regulation.
Our Proprietary Materials.
We welcome you to our Sites and we invite you to use it within the following rules:
All Content, Software and materials on and underlying the Sites are copyright (c) 2018 BykSmart or are licensed or otherwise used by BykSmart with permission. Except where noted otherwise, all rights to these materials are reserved by BykSmart or their respective owners. “BykSmart.com”, the BykSmart logo,
All Site Content and functionality, and all Software underlying the Sites, may be changed or updated by us from time to time, without notice.
We make reasonable efforts to provide software that is safe and accurate, but can make no warranties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SITES, THE CONTENT AND SOFTWARE IS AT YOUR SOLE RISK. ALL CONTENT AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BykSmart EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BykSmart MAKES NO WARRANTY THAT (i) THE CONTENT AND SOFTWARE ARE ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE; (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR SOFTWARE WILL BE RELIABLE; AND (iii) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
Limitation of Liability.
IN NO EVENT SHALL BykSmart, ITS EMPLOYEES, AGENTS, AFFILIATES, DIRECTORS, OFFICERS, REPRESENTATIVES, SUBCONTRACTORS, ADVISORS AND VOLUNTEERS OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SITES (COLLECTIVELY “BykSmart AND ITS AFFILIATES”) BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES OR LOSS OF PRODUCTS, USE OF DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM THE USE OF ANY OF THE SITES OR ANY LINKED SITE (AS DEFINED BELOW), OR INABILITY TO USE THE SITES, CONTENT OR SOFTWARE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITES IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE BykSmart AND ITS AFFILIATES AND TO PARTICIPATE IN ANY CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE SITES.
YOU UNDERSTAND AND AGREE THAT BykSmart AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR EQUIPMENT OR NETWORK FAILURE WHATSOEVER, AND THAT BykSmart AND ITS AFFILIATES WILL NOT BE LIABLE WHATSOEVER FOR ANY DAMAGES OR INJURY THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THE SITES, EVEN IF THERE IS NEGLIGENCE BY BykSmart OR AN AUTHORIZED BykSmart REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH.
BykSmart neither warrants nor represents that your use of Content, Software or any other materials displayed on the Sites will not infringe rights of third parties.
Use of any BykSmart trademark, service mark or other intellectual property or content provided by BykSmart for a hyperlink to a Site is permitted and licensed by BykSmart solely for the purposes described on the Sites, and you shall not otherwise copy, modify, publish, use or distribute such trademarks, service marks or other intellectual property or content. Upon request by BykSmart, you shall immediately remove any hyperlink to the Sites, and discontinue use of any trademarks, service marks or other intellectual property or content provided by BykSmart.
As BykSmart is primarily intended by bike navigation, you will be responsible for following local traffic laws and safe riding practices.
This UA is governed by the laws of the State of Illinois, USA and controlling United States federal law without regard to its choice of law or conflicts of law provisions. You agree that any action to resolve or enforce any dispute or arbitration award regarding use of the Sites or this UA will be brought exclusively in the federal or State courts located in Chicago, Illinois. If any provision is deemed by a court of competent jurisdiction to be unlawful or unenforceable, it will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect.
Resolution of Disputes
THIS UA CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES.
Any controversy or claim arising out of or relating use of any Site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association to be heard and adjudicated by one arbitrator to be mutually chosen by you and BykSmart. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Chicago, Illinois, and claims regarding the judgment of the arbitrator (including entry of judgment on the arbitration award) may be brought and shall be subject to the exclusive jurisdiction of the State and federal courts located in Chicago, Illinois, and you waive any jurisdictional, venue, or inconvenient forum objections to such courts. Either you or BykSmart may seek any interim or preliminary relief from a state or federal court of competent jurisdiction in Chicago, Illinois, as may be necessary to protect the rights or property of you or BykSmart pending the completion of arbitration.
You agree to indemnify and hold BykSmart harmless from and against any and all loss, liability, claims, causes, actions, damages or penalties, including reasonable attorneys’ fees, made by any third party due to or arising out of: (1) your use of any Site in breach or violation of any term of this UA; (2) your violation of any law or regulation.
If you have any questions about the Sites or this UA, you may contact us via e-mail at info@BykSmart.com. We are always glad to hear your questions and comments.
This UA and other policies and notices BykSmart may post on the Sites constitute the entire agreement between BykSmart and you in connection with your use of the Sites, hyperlinks to the Sites and the Content and Software displayed on the Sites, and supersedes any prior agreements between BykSmart and you regarding such matters, including prior versions of this UA. BykSmart may update this UA from time to time by posting revised versions of this UA on the Sites, without notice to you except that the effective date at the top of this UA will change and your subsequent use of the Site is governed by that new UA. The terms of this UA are effective until terminated by BykSmart, at any time without notice. In the event of termination, the disclaimers, limitations of liabilities and indemnities set forth in this UA will survive.