Welcome to 321 Cycling!

These terms and conditions outline the rules and regulations for the use of 321 Cycling LLC’s Website, located at www.321cycling.net.

By accessing this website we assume you accept these terms and conditions. Do not continue to use 321 Cycling if you do not agree to take all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Cookies

We employ the use of cookies. By accessing 321 Cycling, you agreed to use cookies in agreement with the 321 Cycling LLC’s Privacy Policy.

Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

License

Unless otherwise stated, 321 Cycling LLC and/or its licensors own the intellectual property rights for all material on 321 Cycling. All intellectual property rights are reserved. You may access this from 321 Cycling for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

• Republish material from 321 Cycling
• Sell, rent or sub-license material from 321 Cycling
• Reproduce, duplicate or copy material from 321 Cycling
• Redistribute content from 321 Cycling

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. 321 Cycling LLC does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of 321 Cycling LLC,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, 321 Cycling LLC shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

321 Cycling LLC reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

You warrant and represent that:

• You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
• The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
• The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
• The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant 321 Cycling LLC a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:

• Government agencies;
• Search engines;
• News organizations;
• Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
• System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations:

• commonly-known consumer and/or business information sources;
• dot.com community sites;
• associations or other groups representing charities;
• online directory distributors;
• internet portals;
• accounting, law and consulting firms; and
• educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of 321 Cycling LLC; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to 321 Cycling LLC. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

• By use of our corporate name; or
• By use of the uniform resource locator being linked to; or
• By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

No use of 321 Cycling LLC’s logo or other artwork will be allowed for linking absent a trademark license agreement.

iFrames

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

Content Liability

We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Your Privacy

Please read Privacy Policy

Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

• limit or exclude our or your liability for death or personal injury;
• limit or exclude our or your liability for fraud or fraudulent misrepresentation;
• limit any of our or your liabilities in any way that is not permitted under applicable law; or
• exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

Code of Conduct

You agree to act in a respectfully and socially acceptable manner while using the Services. You may not engage in behavior or conduct that 321 Cycling, in its sole discretion, considers unruly or inappropriate, including without limitation, harassing, badgering, antagonizing, taunting, threatening, abusing, touching, or otherwise acting in an aggressive, unsportsmanlike, indecent, vulgar, hateful, or inappropriate manner towards any other individual. You agree to conduct Yourself in a respectful manner towards others, and may not intentionally film or photograph another individual without their permission. 321 Cycling reserves the right to cancel, suspend, or otherwise limit, or terminate Your use of the Services if You engage in any conduct or behavior that 321 Cycling, in its sole discretion, considers to be a violation of these Terms, without liability.

Consent to use Your Photo, Video, and Likeness

You hereby grant to 321 Cycling the right, permission, authorization, and consent to use Your likeness in a photograph, video, or other digital media (collectively referenced herein as “Likeness”) in any promotional materials disseminated by 321 Cycling, including but not limited to on its website and on social media platforms, in perpetuity, without further permission or compensation. This grant is irrevocable. You waive any right to inspect or approve further use wherein Your Likeness appears. You waive any right to royalties or other compensation arising from or related to any use of Your Likeness. You expressly agree to hold harmless, release, and forever discharge 321 Cycling from any and all claims, demands, and causes of action related to my right of privacy, right of publicity, and/or any use of Your Likeness.

Waiver and Release

Your participation in the Services may involve aerobic, strength, flexibility, conditioning, stretching, and other exercises. You should not participate in the Services if You are ill or have any other injury or condition that prevents or is likely to prevent You from safely participating in the Services. You represent that you have no medical or physical condition that would prevent you from using the Services, and have not been instructed by a physician to not participate in physical exercise. You acknowledge that if you have any chronic disabilities, conditions, or injuries, that you are at risk in participating in the Services, and should not be participating in the Services. Street Paddle is not liable for the conditions where You choose to participate. You knowingly and voluntarily agree to assume and accept any and all risks of injury and agree to, on behalf of Yourself and Your heirs, personal representatives, and/or assigns, to release, discharge, and hold harmless 321 Cycling and its employees, contractors, officers, directors, owners, representatives, agents, successors, and assigns from and against any and all liability, damages, losses, causes of action (including negligence) or other claims, including property damage, personal injury, or death, arising out of or relating to the Services and Your participation in the Services. In consideration of being allowed to participate in the Services, You hereby agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by You in relation to the Services; release, indemnify, and hold harmless 321. Cycling, and its employees, contractors, officers, directors, owners, representatives, agents, successors, and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or related to Your participation in the Services. Further, the maximum extent permitted by law, 321 Cycling will not be liable for the loss or theft, or damage to, any personal property.

COVID-19 Regulations

You understand the risks of COVID-19 and assume any and all risks regarding Your use of the Services. You are responsible for knowing and complying with all CDC and governmental (including local) regulations.

• Masks: Required at all times, except while riding.
• Maintain social distancing:  You agree to stay at least 6 feet away from other people.
• If You are not feeling well, or are sick, You agree to postpone Your use of the Services.
• If You have tested positive for COVID-19, You agree that You will refrain from using the Services until You have tested negative twice, with each test administered at least 24 hours apart.
• 321 Cycling reserves the right to change its above COVID-19 policies, consistent with any applicable recommendations and regulations.

LIMITATION OF LIABILITY

EXCEPT FOR ANY OTHER WARRANTY SET FORTH IN THIS AGREEMENT, THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. You agree to indemnify and hold harmless 321 Cycling against all Losses arising out of, connected with, or resulting in any way from Your use of the Services, whether or not a violation of this Agreement. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL 321 CYCLING, ITS employees, contractors, officers, directors, owners, representatives, agents, successors, OR assigns BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OR LOST PROFITS, ARISING OUT OF OR RELATED TO THE SERVICES, OR THE THESE TERMS. IN ADDITION, IF AND TO THE EXTENT THAT STREET PADDLE IS LIABLE FOR ANY DIRECT DAMAGES FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS, THEN, TO THE MAXIMUM EXTENT PERMITTED BY LAW, S321 CYCLING’S AGGREGATE LIABILITY UNDER ANY THEORY OF RECOVERY IS LIMITED TO THE AMOUNT OF THE FEES PAID BY YOU HEREUNDER. THIS IS THE ENTIRE LIABILITY OF 321 CYCLING AND IS YOUR EXCLUSIVE REMEDY.