The Hub - Terms and Conditions of Use

Terms and Conditions of Use of The Hub

BEFORE USING ANY OF THE PRODUCTS, PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS OF USE.

BY ACCESSING, BROWSING AND/OR USING THE PRODUCTS, A USER ACKNOWLEDGES THAT HE OR SHE HAS READ, UNDERSTOOD, AND AGREES TO BE BOUND BY ALL CONSENTS AND DISCLOSURES SET FORTH IN THE HUB REGISTRATION PROCESS (AND HEREBY INCORPORATED HEREIN BY THIS REFERENCE), ALL OF THE FOLLOWING TERMS AND CONDITIONS OF USE, INCLUDING ANY FUTURE MODIFICATIONS TO THE SARIS CYCLING GROUP TERMS AND CONDITIONS OF USE, AND IDENTIFIED AFFILIATED AGREEMENTS, GUIDELINES AND POLICIES (COLLECTIVELY, THE "AGREEMENT"). IF A USER DOES NOT CONSENT TO THE AGREEMENT, THEN SARIS CYCLING GROUP REQUIRES THAT SUCH USER CEASE USING THE PRODUCTS IMMEDIATELY.

OWNERSHIP AND PROPRIETARY RIGHTS

The Products are owned and operated by Saris Cycling Group. The Hub software, content, visual interfaces, information, graphics, design, compilation, computer code, online platform, products, equipment, software, services, including, but not limited to, the commute tracking scanner hardware and its applications, and all other related elements thereof (collectively, the "Products") are protected by United States copyright, trade dress, patent, and trademark laws, international laws and conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All materials and components contained in the Products are the property of Saris Cycling Group or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names displayed on the Products are proprietary to Saris Cycling Group or its affiliates and/or third-party licensors. Except as expressly authorized by Saris Cycling Group, any and all Users agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Products.

ACCOUNT INFORMATION

The Products are not available to persons under the age of 14, unless supervised by a parent/guardian over the age of 18, or to any Users suspended or removed from the Products by Saris Cycling Group. Users agree that the information that they provide Saris Cycling Group upon registration and at all other times will be true, accurate, current, and complete. Users also agree that they will ensure that this information is kept accurate and up to date at all times.

THE PRODUCTS

Saris Cycling Group will provide you the Products you chose on The Hub site. The Products are made available for your personal, internal, and non-commercial use. You may not reproduce, duplicate, copy, sell, re-sell, distribute, or otherwise exploit the Products, the Site or the Content.

The Hub is a hardware and software solution to track and administer a commuter incentive program in schools and businesses. The Products include a group web-page and individual profile on The Site, www.thehub.saris.com , showing commuting activity, as well as the hardware needed to capture commuting data. To participate in the application, you must register yourself or your child on the Site and accept and abide by the Terms and Conditions stated here.

Tracking of the commute occurs when the participant scans their card in front of the scanner box, or uses other logging systems explained to participants on The Hub Site. You agree that you or your child will not scan your card on days when you don't arrive to work or school using the mode of transport measured by The Hub.

A confirmation e-mail will be sent when the scan occurs. However, this email is not a confirmation of attendance at school or work, and does not replace the existing attendance systems at the place of employment or through the school.

Progress in the program can be viewed on the site, and you, or if you grant the child permission, the child, may access the site and follow the participant’s progress as well as view the group progress in the program.

Incentives and awards may be earned through participation in this program. However, these prizes are managed and obtained directly through the school or business, not through Saris Cycling Group.

PASSWORD

When a User registers as a participant and obtains an account, he or she will be asked to provide a password. Because a User will be responsible for all activities that generate from his or her account, and one can only access his or her account upon the transmission of the associated password, a User should keep that password strictly confidential at all times. A USER MUST NOTIFY SARIS CYCLING GROUP IMMEDIATELY OF ANY UNAUTHORIZED USE OF HIS OR HER PASSWORD OR IF HE OR SHE BELIEVES THAT PASSWORD IS NO LONGER CONFIDENTIAL. Saris Cycling Group reserves the right to suspend a User's account and/or require that such User alter his or her password if we believe for any reason that such User's password is no longer secure. A USER MAY NOT SHARE HIS OR HER HUB ACCOUNT PASSWORD WITH ANY OTHER PERSON FOR ANY REASON.

PAYMENT TERMS

A User agrees to pay any fees due for and incurred by their use of those select Products that require payment on the part of Users ("Paid Products") Fees for all Product will be communicated through product literature to all customers and potential customers.

USER RESPONSIBILITIES
You must not use the site or the Products to, and must prevent any child from using the Site or Products to:

Violate any local, state, national or international law
Stalk, harass or harm another individual
Collect or store personal data about other users
Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity
Interfere with or disrupt the site or Products of servers or networks connected to the site or Products, or disobey any requirements, procedures, policies or regulations of networks connected to the site or Products. You must not reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the site or Products, use of the site or Products or access to the site or Products.

Without our prior written consent, you may not:

Allow, enable or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam)
Use any high volume, automated, or electronic means (including without limitation robots, spiders, scripts or other automatic device) to access the site or Products or monitor or copy our web pages or the content contained thereon
Frame the site, place pop-up windows over its pages, or otherwise affect the display of its page.

All information that you provide to us will be true, accurate and current.

OWNERSHIP RIGHTS IN USER CONTENT

When a user transmits or otherwise supplies user content to their Hub profile and/or account or otherwise makes user content available on or through thehub.saris.com, he or she expressly grants Saris Cycling Group a royalty-free, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, display, translate, or distribute such user content for any purpose, commercial, advertising, or otherwise, on or in connection with Saris Cycling Group or the promotion thereof.

DISCLAIMER/NO WARRANTIES

The materials on Saris Cycling Group's website are provided "as is". Saris Cycling Group makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Saris Cycling Group does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet website or otherwise relating to such materials or on any sites linked to this site.

SARIS CYCLING GROUP AND ITS SUPPLIERS AND PARTNERS (INCLUDING WITHOUT LIMITATION USER'S ETHERNET PARTNERS) DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT SARIS CYCLING GROUP OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, SARIS CYCLING GROUP, AND ITS SUPPLIERS AND PARTNERS (INCLUDING WITHOUT LIMITATION ANY ETHERNET PROVIDER) DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY PERSONAL INFORMATION OR LOCATION INFORMATION OR THE Products IN TERMS OF SECURITY, SAFETY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. A USER (AND NOT SARIS CYCLING GROUP OR ITS SUPPLIERS OR PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION RELATED TO THE PRODUCTS.

MISCELLANEOUS DISCLAIMERS

Saris Cycling Group further disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of any and all information or material provided in connection with, or by the Products, any search results generated by or through the services, or displayed and/or presented on its affiliated websites—thehub.saris.com

Saris Cycling Group also disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any and all information or material, including Saris Cycling Group content and user content.

A user understands and agrees that when he or she downloads or otherwise obtains material or data via thehub.saris.com, the Products, or the website, he or she does so at his or her own discretion and risk. Accordingly, Saris Cycling Group disclaims any responsibility for any harm to a user that results from downloading or accessing any information or material through Saris Cycling Group, the Products, or the affiliated websites

LIMITATIONS

In no event shall Saris Cycling Group or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Saris Cycling Group's Internet site, even if Saris Cycling Group or a Saris Cycling Group authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

INDEMNIFICATION; HOLD HARMLESS

A User agrees to indemnify, defend, and hold Saris Cycling Group, and its suppliers and partners harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys' fees, arising out of or related to (a) the use or misuse of any User's personal information and location information, or the Products generally, (b) any violation of the rights of any other person or entity by User, (c) any breach or violation by a User of The Hub, or (d) a User's employment of the Products to meet another User in-person or to locate and attend any offline place or event.

Saris Cycling Group reserves the right, at a given User's expense, to assume the exclusive defense and control of any matter for which such User is required to indemnify Saris Cycling Group, and said User agrees to cooperate with Saris Cycling Group's defense of these claims.

REVISIONS AND ERRORS

The materials appearing on Saris Cycling Group's website could include technical, typographical, or photographic errors. Saris Cycling Group does not warrant that any of the materials on its website are accurate, complete, or current. Saris Cycling Group may make changes to the materials contained on its website at any time without notice. Saris Cycling Group does not, however, make any commitment to update the materials.

LINKS

Saris Cycling Group has not reviewed all of the sites linked to its Internet website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Saris Cycling Group of the site. Use of any such linked website is at the user's own risk.

SITE TERMS OF USE MODIFICATIONS

Saris Cycling Group may revise these terms of use for its website at any time without notice. By using this website you are agreeing to be bound by the most current version of these Terms and Conditions of Use.

GOVERNING LAW

Any claim relating to Saris Cycling Group's website shall be governed by the laws of the State of Wisconsin without regard to its conflict of law provisions.

SEVERABILITY AND WAIVER

If any provision of the Terms and Condition of Use is determined to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and Conditions of Use shall not affect the validity and enforceability of any remaining provisions.

Moreover, a provision of the Terms and Conditions of Use may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of the Terms and Conditions of Use shall in no manner affect such party's right at a later time to enforce the same. A waiver of any breach of any provision of the Terms and Conditions of Use shall not be construed as a continuing waiver of other breaches of the same or other provisions of the Terms and Conditions of Use.

NOTICES

Saris Cycling Group may provide the user with notices, including those regarding changes to the Terms and Conditions of Use, by email, regular mail, or postings on its websites. Notice will be deemed given twenty-four hours after email is sent, unless Saris Cycling Group is notified that the email address is invalid. Alternatively, Saris Cycling Group may provide a User legal notice by mail to a postal address, if said postal address was previously provided by said User to Saris Cycling Group or via the Hub website. In such case, notice will be deemed given three days after the date of mailing. Notices posted by Saris Cycling Group on or via the affiliated websites are deemed given and binding 30 days following the initial posting.

ASSIGNMENT

The Terms and Conditions of Use (and any related Guidelines and/or Policies), and any rights and licenses granted hereunder, may not be transferred or assigned by a User, but may be assigned or transferred by Saris Cycling Group without restriction.

SURVIVAL

Any and all provisions related to or regarding limitation of liability, disclaimers, and indemnification contained in the Terms and Conditions of Use, hereby survive any termination of the Terms and Conditions of Use, or any termination of a User's account or use of The Hub, the Products, or The Hub website.

CHANGES IN PRODUCTS

Saris Cycling Group may modify the Products from time to time, for any reason, and without notice. Additionally, Saris Cycling Group maintains a plenary right to terminate the Products for any reason, with or without notice, and without liability to any User or any third party.

HEADINGS

The heading references herein are for convenience purposes only, do not constitute a part of the Terms and Conditions of Use, and shall not be deemed to limit or affect any of the provisions hereof.

ENTIRE AGREEMENT

These Terms and Conditions of Use (and any related guidelines of the character detailed above) constitute the entirety of the agreement between Saris Cycling Group and Users relative to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.