Terms of Service

Last updated: September 23, 2024

Welcome to Ride the Byroads ("the Company", "RTB", "we", "our" or "us"). These Terms of Service ("Terms") govern your access to and use of our website and mobile application, including any content, features, and services provided therein (collectively referred to as "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Service.

Acknowledgement

These are the Terms governing the use of this Service and the agreement that operates between you and Ride the Byroads. These Terms of Service set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of these Terms then you may not access the Service.

You represent that you are over the age of 18. We do not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on your acceptance of and compliance with our Privacy Policy. Our Privacy Policy describes our policies and procedures on the collection, use and disclosure of your personal information when you use the mobile application or the website and tells you about your privacy rights and how the law protects you. Please read our Privacy Policy carefully before using our Service.

User Accounts

To access certain features of the Service, you may be required to create a user account. When creating your account, you agree to:

  • Provide accurate, current, and complete information.

  • Keep your account credentials secure and confidential.

  • Notify us immediately of any unauthorized use of your account or breach of security. You are responsible for any activities that occur under your account, whether authorized by you or not. We reserve the right to suspend or terminate your account for any violation of these Terms.

Use of the Service

You agree to use the Service only for lawful purposes and in compliance with these Terms. You shall not:

  • Use the Service in a way that violates any applicable local, national, or international laws or regulations.

  • Use the Service to harm, harass, or exploit others.

  • Use automated systems (such as bots) to access or manipulate the Service.

  • Engage in any activity that interferes with or disrupts the Service.

Content and Intellectual Property

All content provided by Ride the Byroads, including but not limited to maps, trails, GPX coordinates, images, graphics, and text ("Content"), is the intellectual property of Ride the Byroads and its licensors. You are granted a limited, non-exclusive, non-transferable, and revocable license to use the Content for personal, non-commercial purposes.

You retain ownership of any content you upload or post using the Service. However, by submitting content to the Service, you grant Ride the Byroads a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display your content in connection with the operation of the Service.

Content Restrictions

You understand that the nature of our platform encourages users to share experiences, including comments, alerts, and media related to motorcycle trails. However, you agree not to upload or share any Content that:

  • Is unlawful or promotes unlawful activity.

  • Contains defamatory, discriminatory, or hateful speech, including but not limited to attacks based on race, gender, sexual orientation, religion, or nationality.

  • Contains unsolicited advertising or spam, or promotes any form of gambling or lottery.

  • Includes viruses, malware, or other harmful code that could interfere with the functionality of the Service or compromise user safety.

  • Infringes on any intellectual property rights, including copyright, trademark, or proprietary rights.

  • Violates another individual's privacy or misrepresents your affiliation with any person or entity, including impersonating other users or Ride the Byroads staff.

  • Contains false information that could mislead others, such as inaccurate trail information or reviews.

Moderation and Enforcement

While Ride the Byroads does not actively monitor all user-generated Content, we reserve the right to review, edit, or remove any Content we deem inappropriate or in violation of these Terms. We may also limit or revoke your access to the Service if you consistently post objectionable Content.

You acknowledge that by using the Service, you may encounter Content from other users that you find inappropriate or offensive. Ride the Byroads is not responsible for user-generated Content and does not endorse any particular viewpoint expressed within the platform. You use the Service at your own risk, and we disclaim any liability for the Content posted by other users, including any inaccuracies or omissions.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by us.

We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that we 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 or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms of Service.

Upon termination, your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that you might incur, the entire liability of Ride the Byroads and any of its suppliers under any provision of this Terms and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you through the Service or 100 USD if you haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall Ride the Byroads or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if Ride the Byroads or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Ride the Byroads, on its own behalf and on behalf of their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Ride the Byroads provides no warranty or undertaking, and makes no representation of any kind that the Service will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither Ride the Byroads nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of Ride the Byroads are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of Australia, excluding its conflicts of law rules, shall govern this Terms and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws.

Disputes Resolution

If you have any concern or dispute about the Service, you agree to first try to resolve the dispute informally by contacting us.

For European Union (EU) Users

If you are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident.

United States Legal Compliance

You represent and warrant that (i) you are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms of Service may have been translated if we have made them available to you on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms of Service

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms of Service, you can contact us: