Dated June 20, 2022
Acceptance of Terms
The CRUISE THE CREEK Site is owned by CRUISE THE CREEK, LLC, an Ohio limited liability company ("CRUISE THE CREEK," "we," or "us") and is a door-to- door electric bicycle rental company located in Youngstown, Ohio and at www.CRUISE THE CREEK.com (the "CRUISE THE CREEK Site" or "Site").
By registering as a member or by using the CRUISE THE CREEK Site and/or Service in any way, you accept these Terms of Service ("Agreement" or "Terms"), which forms a binding agreement between you and CRUISE THE CREEK. You should also read and understand the CRUISE THE CREEK Privacy Policy, which is incorporated by reference into this Agreement and is available on the CRUISE THE CREEK Site.
IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT, INCLUDING OUR PRIVACY POLICY, LIMITATIONS OF LIABILITY, WARRANTY DISCLAIMERS AND LEGAL DISCLAIMERS, YOU ARE NOT AUTHORIZEDTO USE THIS SITE.
1. Who May Use the CRUISE THE CREEK Site
Age Requirement. You must be at least 18 years old to use the CRUISE THE CREEK Site.
Notice to Parents and Guardians. You are responsible for monitoring and supervising your child's use of the CRUISE THE CREEK Site. If your child is using the CRUISE THE CREEK Site without your express consent and is under 18, please contact us immediately so that we can disable his or her access. If you have questions about CRUISE THE CREEK, please contact us at CruiseTheCreek@gmail.com
2. General Disclaimers
Site “As Is”. CRUISE THE CREEK provides the CRUISE THE CREEK Site on an "as is" and "as available" basis. You therefore use the CRUISE THE CREEK Site at your own risk. CRUISE THE CREEK expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. CRUISE THE CREEK has no obligation to screen or monitor any content and does not guarantee that any content made available on the CRUISE THE CREEK Site complies with this Agreement or is suitable for all users. CRUISE THE CREEK shall not be responsible for loss or corruption of data, and hereby waives all claims with respect to damage to your computer system, internet access, download or display device. Your Responsibility. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the CRUISE THE CREEK Site. To the extent that a secondary party may have access to or view CRUISE THE CREEK content on your computer or mobile device, you are solely responsible for informing such party of all provisions, terms, disclaimers and warnings in this Agreement.
3. Limitation of Liability
General Limitation. To the fullest extent permitted by law: (i) in no event shall CRUISE THE CREEK, nor its affiliates, be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for personal injury, death, loss of livelihood, loss of enjoyment, pain and suffering, emotional distress, loss of profits, loss of future earnings, goodwill, use, and/or any other damages or other intangible losses; and (ii) CRUISE THE CREEK, and its affiliates' total liability to you shall not exceed the amounts paid by you to CRUISE THE CREEK over the twelve (12) months preceding your claim(s).
IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO OBTAIN OR ACCESS ANY MATERIAL THROUGH THE SITE.
CRUISE THE CREEK Resources. The resource materials provided on the CRUISE THE CREEK Site are intended as general educational information. CRUISE THE CREEK DOES NOT REPRESENT IN ANY WAY THAT ANY ADVICE PROVIDED IN RESOURCE MATERIALS CONSTITUTES QUALIFIED EXPERT ADVICE.
Exclusions and Limitations. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
4. Privacy
Privacy Policy. Your privacy rights are set forth in our Privacy Policy, which forms a part of this Agreement. Please review the Privacy Policy to learn what information we may collect about you, what we use that information for, and with whom we may share that information.
Consent to Email. When you rent an ebike and pay by credit card your email will be required. You agree and consent to receive email messages and newsletters from us with the option to unsubscribe at anytime. These emails may be transactional or relationship communications relating to the Site, such as administrative notices and Site announcements or changes, or emails containing newsletters, promotions or special offers from us or third-party partners.
5. Rental Fees and Availability
Current fees for bicycle rentals are described on the Site. We may change pricing at any time and in our sole discretion. Promotions and/or discounts may be offered from time to time on the Site and may be subject to additional terms, limitations, and restrictions. To take advantage of such promotions and/or discounts, you agree to comply with any terms, conditions, limitations, or rules presented to you as a condition of participation in any such promotional offer. We reserve the right to change or discontinue any product or service at any time and without notice. We further reserve the right, in our sole discretion, to cancel any order, limit any purchase, or refuse a reservation for any or no reason.
6. Cancellation
If your plans change prior to 48 hours, no problem! Your reservation can be rescheduled, subject to availability, or we can issue you a refund.
Reservations made within 48 hours of a scheduled event are final and cannot be changed. In addition, no-shows and non-cancelled rentals will be charged for the reservation in full.
If your reservation is cancelled less than 48 hours before your reservation, the cancellation fee is $15 for half day (4 hours), $25 for full day, and 10% of the total fees for multi-day reservations.
If your reservation is cancelled less than 24 hours before your reservation, the cancellation fee half the price of the reservation.
Please note that all cancellations must be received and confirmed by Cruise The Creek.
7. Indemnification
You agree to indemnify, defend, and hold harmless CRUISE THE CREEK and its affiliates, directors, officers, employees, and agents, from and against any liability, claims, damages, losses and costs (including reasonable attorney's fees) that: (i) arise from your activities on the CRUISE THE CREEK Site; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to CRUISE THE CREEK violates any law or infringes any personal right or third party right, including any intellectual property or privacy right. CRUISE THE CREEK reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with CRUISE THE CREEK in connection therewith.
8. License to Use the CRUISE THE CREEK Site
License. CRUISE THE CREEK grants you a limited, non-exclusive license to access and use the CRUISE THE CREEK Site and Services for your own personal, non-commercial purposes. This includes the right to view content available on the CRUISE THE CREEK Site. This license is personal to you and may not be assigned or sublicensed to anyone else.
Restrictions. Except as expressly permitted by CRUISE THE CREEK in writing, you are not authorized to reproduce, redistribute, publicly display, sell, create derivative works from, decompile, reverse engineer, or disassemble the CRUISE THE CREEK Site. In addition, you agree you will not take any measures to interfere with or damage the CRUISE THE CREEK Site. All rights not expressly granted by CRUISE THE CREEK are reserved.
Mobile Devices and External Devices. These Terms of Site, and all the provisions herein, also govern the use of our mobile, desktop and set-top devices. Your use of the CRUISE THE CREEK Site through any applications or device constitutes your agreement to be bound by these Terms.
9. Third Party Links and Content
Linked Sites. Certain links on the CRUISE THE CREEK Site may let you leave the CRUISE THE CREEK Site to access a linked site (the "Linked Sites"). When you are linking to a third-party site, it is important to know that CRUISE THE CREEK does not control these sites, nor has CRUISE THE CREEK reviewed or approved the content which appears on the linked sites. CRUISE THE CREEK is not responsible for the legality, accuracy or nature of any content, advertising, products or other materials on or available from any linked sites, or the conduct of such linked sites. You acknowledge and agree that CRUISE THE CREEK shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, content, goods or Sites available on or through the linked sites.
Dealings with Third Parties. More specifically, your participation, correspondence or business dealings with any third party found on or through the CRUISE THE CREEK Sites (i.e., a linked site), regarding payment and delivery of specific goods and Sites, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that CRUISE THE CREEK shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
10. Intellectual Property
You acknowledge that the CRUISE THE CREEK Site contains software, graphics, photos, videos, know-how, product ideas, comments and other material (collectively, "Content") that is protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All CRUISE THE CREEK-generated Content and Content developed for CRUISE THE CREEK by its partners and licensors is copyrighted individually and/or as a collective work under the U.S. copyright laws; further, CRUISE THE CREEK owns a copyright in the selection, coordination, arrangement and enhancement of all Content in the CRUISE THE CREEK Site. Subject to your compliance with these Terms, and solely for so long as you are permitted by us to access and use the Sites, you may download one copy of the application (but never the Content) to any single computer or device for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices, and comply with these Terms. Unless otherwise specified, modification of the Content or use of the Content for any other purpose, including use of any such Content on any other website or networked computer environment is strictly prohibited.
The CRUISE THE CREEK name, logos and affiliated applications and technologies are the exclusive property of CRUISE THE CREEK. All other trademarks appearing on the Sites are trademarks of their respective owners. Our partners or Site providers may also have additional proprietary rights in the content that they make available through the Sites. The trade names, trademarks and Site marks owned by us, whether registered or unregistered, may not be used in connection with any product or Site that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Sites should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or Site marks without our express prior written consent.
CRUISE THE CREEK owns and retains all proprietary rights in the Site, and in all content, trademarks, trade names, Site marks and other intellectual property rights related thereto. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, Site marks, or other intellectual property or proprietary information accessible on the Site or through the Site, without first obtaining the prior written consent of the Company or, if such property is not owned by the Company, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
11. Submissions
As between you and CRUISE THE CREEK, you own all content that you submit to CRUISE THE CREEK, whether directly via the CRUISE THE CREEK Site or indirectly (for example, via Facebook or Twitter). However, it is important that you understand that by posting a submission to CRUISE THE CREEK, you are granting CRUISE THE CREEK and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, sub-licensable (through multiple tiers) royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content (including without limitation, your name and likeness, photographs and testimonials) for any purpose whatsoever commercial or otherwise without compensation to you. In addition, you waive any so-called "moral rights" or "performance rights" in your content.
You further grant all users of the CRUISE THE CREEK Site or Social Media permission to view your content for their personal, non-commercial purposes. If you make suggestions to CRUISE THE CREEK on improving or adding new features to the CRUISE THE CREEK Site or Social Media content, CRUISE THE CREEK shall have the right to use your suggestions without any compensation to you.
For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to CRUISE THE CREEK and grant the licenses set forth above; (ii) CRUISE THE CREEK will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.
12. Code of Conduct; Content Restrictions; and Prohibited Activities
Code of Conduct. In using the CRUISE THE CREEK Site or Social Media, you must behave in a civil and respectful manner always. CRUISE THE CREEK reserves the right, in its sole discretion, to investigate and take appropriate legal action against anyone who violates our Terms. Your use of the Site must comply with all applicable laws and regulations.
Content Restrictions. You may not upload, post, or transmit (collectively, "submit") any video, image, text, audio recording, or other work (collectively, "content") that infringes any third party's copyrights or other rights; contains sexually explicit content or pornography; contains hateful, defamatory, or discriminatory content; harasses or intimidates another; exploits minors; depicts unlawful acts or violence; contains video, audio photographs, or images of another person without his/her permission; contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices; contains deceptive or false information; contains “spam”.
Prohibited Activities. In addition, it is strictly prohibited to "frame" or "mirror" any part of the Site; use meta tags or code or other devices containing any reference to Cruise The Creek, the Site or the Service (or any trademark, trade name, service mark, logo or slogan of ours) to direct any person to any other website for any purpose; modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site or any software or materials used on or for the Service or the Site, or cause others to do so; post, use, transmit or distribute, directly or indirectly, in any manner or media any content or information obtained from the Site other than solely in connection with your use of the Site in accordance with this Agreement; collect information about others; advertise or solicit others to purchase any product or service within the Site; promote fraudulent schemes; Publicize or promote commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; and/or participate in any activity that in any way violates any law.
Our Right to Monitor and Remove Content. CRUISE THE CREEK has the right, but not the obligation, to monitor all conduct on and content submitted to the CRUISE THE CREEK Service. CRUISE THE CREEK reserves the right to alter, edit, remove, or refuse to post any content, in whole or in part in its sole discretion and/or to satisfy or comply with applicable laws, regulations and/or legal processes.
CRUISE THE CREEK reserves the right, in its sole discretion, to investigate and take appropriate legal action against anyone who violates our Terms, including removing the offending communication from the Site and terminating or suspending the account of such violators. You agree that CRUISE THE CREEK may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Site in the future; or (v) protect the rights, property or personal safety of our Company or any other person.
13. Copyright / DMCA Policy
CRUISE THE CREEK respects the intellectual property of others, and we ask our users to do the same. CRUISE THE CREEK will promptly remove materials from the CRUISE THE CREEK Site in accordance with the Digital Millennium Copyright Act ("DMCA") if properly notified that the materials infringe a third party's copyright. CRUISE THE CREEK will respond as quickly as practical to claims that infringing material appears on the Site. If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have otherwise been violated, please contact our Copyright Agent as follows:
Email: Cruise The Creek@gmail.com
Address: 2706 Bears Den Road Youngstown Ohio 44511
14. General Provisions
Dispute Resolution, Arbitration and Governing Law. Except where prohibited, any dispute, claim, or controversy arising out of or relating to this Agreement, the Site, or the Site shall be submitted to mediation. If the matter cannot be resolved through mediation, then the matter shall be resolved through BINDING ARBITRATION. Judgment upon the award rendered in arbitration shall be entered in any court having jurisdiction thereof. The prevailing party shall be entitled to recover attorney fees and costs in connection with the action. You may not under any circumstances commence or maintain against CRUISE THE CREEK or its affiliates any class action, class arbitration, or other representative action or proceeding.
By using the Site or the Site in any manner, except where prohibited, you agree to the above mediation and arbitration agreement. In doing so, except where prohibited, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and CRUISE THE CREEK or its affiliates. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. If this arbitration agreement is for any reason held to be unenforceable, any litigation against CRUISE THE CREEK may be commenced only in the federal or state courts located in Durango, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes and you irrevocably waive any right to a trial by jury.
This Agreement, and any dispute between you and CRUISE THE CREEK, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided this arbitration agreement shall be governed by the Federal Arbitration Act.
Interpretation; Severability; Waiver; Remedies. Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by CRUISE THE CREEK in exercising any right hereunder will waive any further exercise of that right. CRUISE THE CREEK rights and remedies hereunder are cumulative and not exclusive.
Successors; Assignment; No Third-Party Beneficiaries. This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without CRUISE THE CREEK prior written consent. No third party shall have any rights hereunder.
Notices. You consent to receive all communications including notices, agreements, disclosures, or other information from CRUISE THE CREEK electronically. CRUISE THE CREEK may provide all such communications by email or by posting them on the CRUISE THE CREEK Site. For support-related inquiries, you may send an email to Cruise The Creek@gamil.com.com.
Nothing herein shall limit CRUISE THE CREEK right to object to subpoenas, claims, or other demands.
Modification. This Agreement may not be modified except by a revised Terms of Service posted by CRUISE THE CREEK on the CRUISE THE CREEK Site or a written amendment signed by an authorized representative of CRUISE THE CREEK. A revised Terms of Service will be effective as of the date it is posted on the CRUISE THE CREEK Site.
Entire Agreement.
This Agreement constitutes the entire understanding between CRUISE THE CREEK and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.