TERMS & CONDITIONS
Last Updated August 12, 2016
About these Terms
Please review the following terms carefully, we draw your attention in particular to: 9 (Fees and Renewals); 12 (Disclaimer of Warranties and Liability); 13 (Limitations of Liability); 17 (Changes to this Agreement and Waivers); and 18 (Termination).
REVER is a community of power-sports enthusiasts that, through your use of the Site, will allow you to among other things, organize interests, collect and communicate with friends, obtain recommendations, plan trips, and track your activities (the “Services”).The Services and Site (including the Applications) are collectively referred to in these Terms as “REVER”.
Conditional Use of REVER
Your permission to use REVER is conditional upon your agreement that you:
are 18 years of age or older;
will comply with these Terms;
will not copy or distribute any part of REVER in any medium without our prior written authorization;
will provide accurate information when creating an account or registering for our Site or Services;
are solely responsible for your User ID and the activity that occurs while signed in to or while using REVER using your User ID;
will not use REVER to collect any personally identifiable information, including account names, email addresses, or other such information, for commercial purposes;
will not use the communication systems provided by or contacts made on REVER for any commercial solicitation purposes;
are solely responsible for the content submissions, including routes or trips posted, profile information and links, pictures, and other such content that you submit or post to REVER (your “Content”);
represent that you own or have the necessary licenses, rights, permissions, and consents to use and authorize us to use any and all of Your Content in accordance with the licenses granted in this Agreement;
hereby grant to us and to each REVER user, whether using the Site or an application authorized by us but developed via a third-party developer, a non-exclusive license to access Your Content and to use, reproduce, distribute, prepare derivative works of, display and perform Your Content as permitted through REVER functionality and under these Terms;
will not submit as Your Content and materials that are copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit the same as Your Content; and
hereby affirm we have the right to determine whether any of Your Content submissions are appropriate and comply with these Terms, remove any and/or all of your submissions, and terminate your account with or without prior notice.
Your Account And Profile
You will need to register by creating an account with us, either by registering directly with us, or by allowing a REVER application to connect through your Facebook profile, in order to publish Your Content on the Site or obtain access to certain Services.If you choose to create an account profile with us you will become a registered member of the Services, you agree to provide only accurate and complete registration information, and you will keep that information up-to-date if it changes.
When become a registered user, you will obtain unique log-in credentials (a “User ID”).Access to our Site and Services is not authorized by any other person or entity using your User ID and you are responsible for preventing such unauthorized use. Individuals and entities whose privilege to access the Site or use the Services has previously been terminated by REVER may not register for an account, nor may you designate any of those individuals to use your account on your behalf.REVER relies on User IDs to know whether users accessing the Site and using our Services are authorized to do so. If someone accesses our Site or Services using a User ID that we’ve issued to you, we will rely on that User ID and will assume that access has been made by you. You are solely responsible for any and all access to the Site or use of the Services by persons using your User ID. Please notify us immediately if you become aware that your User ID is being used without authorization.
Non-Confidentiality, Security And Privacy
You understand that much of the information that you submit to us (such as postings, invitations and recorded activity data) is submitted precisely for the purpose of disclosure in a variety of ways by REVER, and that we use much of this information to provide services on the Site for which you have expressed interest.Therefore, such information is not subject to any confidentiality obligation.Other information, such as credit card information provided in connection with the purchase of a premium subscription, is maintained with appropriate privacy and security protections.
Any communications between you and REVER such as email or other correspondence, in which you offer suggestions or comments for improving or modifying our Site (including the Applications) or Services, will be deemed by us to be non-confidential and non-proprietary.
Rules Regarding Information And Other Content
When you use the Site or Services, you can publish and obtain access to various kinds of information and materials, all of which we call “Content”. Content also includes information and materials posted to the Site or Services, by you and are user Content.
You agree not to revise or obscure Content posted by others (including advertising and promotions authorized by REVER), and you agree not to post or use any Content in any manner that:
infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others;
violates the privacy, publicity, or other rights of third parties;
is unlawful, defamatory, discriminatory, libellous, pornographic, obscene, abusive, threatening, harassing, pornographic, hateful, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate, as determined by us in our sole discretion;
is false or inaccurate; or
could damage our company, parent company, sister companies, affiliates, advertisers, or other parties.
Though we strive to enforce these rules with all REVER Users, you may be exposed through the Site or Services, to Content that violates our policies or is otherwise offensive. You may use the Site or Services, as permitted by this Agreement, but such use is at your own risk.We may, but are not obligated to, terminate user accounts and/or remove Content from the Site or Services, if we determine or suspect that those accounts or Content violate the terms of this Agreement or the applicable agreement with the offending user(s). We take no responsibility for your exposure to Content on the Site or Services, whether it violates our content policies or not.
General Rules Of User Conduct
It is our goal to make the use of our Site or Services, a good experience for all of our users.The Site, Applications and Services function as a venue where REVER Users may, among other things, connect and interact with each other.As a neutral facilitator, we are not directly involved in the actual transactions between REVER Users.As a result, we do not have control over the truth, accuracy, quality, legality, or safety of postings made by REVER Users, and we shall have no responsibility to confirm the identity of REVER Users.We also do not have any responsibility to confirm or verify the qualifications, background, or abilities of REVER Users.You shall at all time exercise common sense and good judgment when dealing with any REVER User and you represent and commit to us that you are fully responsible for your own actions or inactions with respect to your interactions with REVER Users.When using REVER, you agree not to do any of the following:
conduct or promote any illegal activities while using the Site or Services;
upload, distribute or print anything that may be harmful to minors;
to the extent permitted by applicable law, attempt to reverse engineer or jeopardize the correct functioning of the Site (including the Applications) or Services, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site (including the Applications) or Services;
attempt to gain access to secured portions of the Site or Services, to which you do not possess access rights;
upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
use the Site (including the Applications) or Services, to generate unsolicited email advertisements or spam;
use any automatic or manual process to search or harvest information from the Site (including the Applications) or Services, or to interfere in any way with the proper functioning of the Site or Services; or
impersonate another REVER User.
If you choose to become a Premium member of the Site or Services, you must designate and provide information about your preferred payment method (e.g., credit card, online payment service or any other payment method made available by us) (“Payment Method”).You may switch to a different Payment Method or update your information by visiting the “Account” page or by contacting us by email at firstname.lastname@example.org. You will immediately be charged for your membership fees after you click “Submit” on the confirmation page and your account will be activated to “REVER Premium Member” status. You agree to pay all membership fees and other charges incurred in connection with your username and password for your REVER account.
Fees and Renewals
You may elect to pay membership fees on a monthly or annual basis.All membership fees are payable in advance. Unless you notify us before renewal that you want to cancel, your membership fees will be billed automatically to the Payment Method at the start of the applicable billing period, and will auto-renew until your membership is terminated.We will send you a reminder at least 30 (thirty) days before the renewal date.
The renewal membership fees for equivalent time periods will be the same as the initial charges unless you are otherwise notified in advance or change to a different membership period or access, use, or Services level. You authorize us to charge your Payment Method for the appropriate membership charges and fees and for any other purchases you elect to make via the Site (including the Applications) or Services.
We reserve the right to increase membership fees or to institute new fees at any time upon reasonable notice posted in advance on the Site.Members changing from one membership type to another will have the new rates take effect at the beginning of the next billing date.If you upgrade your membership or add new categories of service to your account, such changes may result in a new billing date effective upon the date you elect such upgrade or addition. ALL PURCHASES ARE FINAL AND NO REFUND WILL BE GIVEN FOR UNUSED PORTIONS OF YOUR INITIAL OR ANY RENEWAL MEMBERSHIP PERIOD.
- You may cancel your premium membership by visiting your account page and selecting “Downgrade” or by sending us an email to email@example.comThe cancellation of a membership will go into effect at the end of your current billing cycle, and you will have the same level of access to the Site through the remainder of such billing cycle. When your Premium membership ends, your account will enter “Free” mode.No refunds or credits will be provided by REVER upon cancellation.You can renew your subscription at any time without opening a new account, provided that additional fees may apply if you decide to upgrade to Premium membership at a later date.
Links To Third Party Sites
We don’t have control over websites that are linked from the Site or Services.REVER may contain links to third party websites, applications, programs or services that are not owned, operated, or controlled by us. Therefore, we cannot and do not assume responsibility for the content, privacy policies, or practices of such websites, applications, programs, or services, or the companies that own them.Additionally, we cannot and will not censor or edit the content of any third party provider.By using REVER you expressly relieve us from any and all liability arising from your use of any third party website, application, program or service.
Disclaimer of Warranties and Liability
We provide the Site (including the Applications) and Services “as is” “with all faults”and “as available”. We and our suppliers and merchants make no express warranties or guarantees about the Site (including the Application) or Services.
THE REVER SITE (INCLUDING THE APPLICATIONS) AND SERVICES ARE INTENDED FOR ENTERTAINMENT AND INFORMATIVE PURPOSES ONLY. REVER, LLC MAKES NO GUARANTEES, REPRESENTATIONS OR WARRANTIES RESPECTING THE RELIABILITY OF SITE (INCLUDING THE APPLICATIONS) OR SERVICES, OR ANY GPS DATA OR COMPONENT THEREOF. THIS SITE AND SERVICES ARE NOT SUBJECT TO REVIEW, OR TESTED, APPROVED OR CERTIFIED BY, ANY GOVERNMENT OR PRIVATE AGENCY FOR USE IN CONNECTION WITH (I) NAVIGATION, DRIVING, RIDING OR AVIATION ACTIVITIES, (II) LIFE SAFETY ACTIVITIES, (III) MOTOR OR OTHER VEHICLES OR VESSELS OF ANY KIND, OR (IV) ANY OTHER PURPOSE OR USE.
REVER SHALL NOT BE LIABLE FOR ANY USE OF THE SITE (INCLUDING THE APPLICATIONS) OR SERVICES FOR ANY ACTIVITY IN WHICH THE USER’S HEALTH OR SAFETY IS POTENTIALLY AT RISK AND FOR WHICH THE ACCURACY OR RELIABILITY OF GPS DATA OR COMPONENT IS CRITICALLY REQUIRED, COULD RESULT IN DAMAGE TO PERSON OR PROPERTY, UP TO AND INCLUDING INJURY OR DEATH. REVER, LLC SPECIFICALLY DISCLAIMS ANY AND ALL LIABILITY, INCLUDING WITHOUT LIMITATION, CONSEQUENTIAL AND INCIDENTAL DAMAGES THAT MAY ARISE IN ANY WAY FROM THE USE OR RELIANCE ON THE SITE (INCLUDING THE APPLICATIONS) OR SERVICES, OR ANY RELATED DATA.
Nothing in these Terms shall limit or exclude our liability for:
death or personal injury resulting from our negligence;
damages resulting from gross negligence or intentional violation;
fraud or fraudulent misrepresentation; or
any other liability that cannot be excluded or limited by applicable law.
Limitations of Liability
NOTWITHSTANDING CLAUSE 12.5, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF REVER. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, OR MERCHANTS, FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITE (INCLUDING THE APPLICATIONS) OR SERVICES, EXCEED THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING THE PREVIOUS ONE-YEAR PERIOD FOR THE SPECIFIC SITE, APPLICATION OR SERVICE AT ISSUE.
WE, OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS, SHALL NOT BE LIABLE FOR:
ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE SITE (INCLUDING THE APPLICATIONS) OR SERVICES; OR
ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL OR PERSONAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IF ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTION, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS, SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Site (including the Applications) or Services, including applicable copyrights, trademarks and other proprietary rights. We are not granting any license to you under any of those intellectual property rights by virtue of this Agreement, except for the limited right to use the Site or Services, in accordance with this Agreement.“REVER” is our trademark. Other product and company names that are mentioned on the Site or provided as part of the Services may be trademarks of their respective owners.We reserve all rights that are not expressly granted to you in this Agreement.
The Content on REVER, excluding all intellectual property of other sites obtained by way of API and linking and Content posted by REVER Users, is owned by us or our licensors.This includes, without limitation, the text, software, scripts, graphics, photos, sounds, interactive features and the trademarks, service marks and logos contained therein (“Marks”). The Marks are owned or licensed to REVER, subject to copyright and other intellectual property rights under United States law, the law of the jurisdiction where you reside, and international conventions.Content provided by us is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the Site (including the Applications) or Services.
As between you and us, you retain any intellectual property rights in any copyrighted materials and trademarks that are contained in Content that you post to the Site.You grant us an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, worldwide license, with rights to sublicense through multiple levels of sublicensees, to reproduce, make derivative works of, translate, distribute, publicly perform and publicly display in any form or medium, whether now known or later developed, make, use, sell, import, offer for sale, otherwise commercially exploit and exercise any and all such rights, under any and all of your intellectual property rights related to the Content in any manner we choose. If you have any rights to the Content that cannot be licensed to us (such as moral rights in some countries), you unconditionally and irrevocably waive the enforcement of such rights, and all claims and causes of action of any kind against us or related to REVER Users and partners anywhere in the world, with respect to such rights.
We respect the intellectual property of others, and we ask you to do the same. If you are a copyright owner or an owner’s agent and find Content that infringes upon your copyrights, you may submit a notification according to the Digital Millennium Copyright Act or the equivalent legislation in your jurisdiction. To do so, please provide our Copyright Agent with the following information (see 17 U.S.C 512(c)(3) for further detail) in writing: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (4) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice (in the case of users in the United States) may not be valid.Your notice must be signed (physically or electronically) and must be addressed as follows:
c/o Rever Moto, Inc.
PO Box 4018
Eagle, CO 81631
The communications between you and REVER use electronic means, whether you visit the Site, use the Applications or the Services, or send us emails, or whether REVER posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from REVER in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that REVER provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
Changes to this Agreement and Waivers
We may change the terms of this Agreement from time to time on a going-forward basis, and any such modifications become effective immediately upon being posted to the Site. It is your sole responsibility to check the Site from time to time to view any such changes in the Agreement. If you do not agree to any changes, if and when such changes may be made to the Agreement, you must cease use of the Site (including the Applications) and Services. Your use of the Site (including the Applications) and the Services, after any modifications to the Agreement indicates that you agree to such modified Agreement.
Any changes to this Agreement (other than as set forth in this section 17 or in section 16 above) or waiver of our rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of Rever Moto, Inc.
You agree that we may, under certain circumstances and without prior notice, immediately terminate your account and/or access to the Site (including the Applications) or Services.Cause for such termination may include, but not be limited to:
breaches or violations of the Terms or other incorporated agreements or guidelines;
requests by law enforcement or other government agencies;
a request by you (self-initiated account deletions);
discontinuance or material modification to the Site (including the Applications) or Services (or any portion thereof);
unexpected technical or security issues or problems, (f) extended periods of inactivity; and/or
non-payment of any fees owed by you in connection with the Site (including the Applications) or Services.
Termination of your account may include:
removal of access to all offerings within the Site (including the Applications) and Services;
deletion of your information, files and Content associated with or inside your account; and
barring of further use of the Site or Services.Further, you agree that all terminations for cause shall be made in our sole discretion and that we shall not be liable to you or any third party for any termination of your account or access to the Site or Services.
This Site and Services are controlled by us from our offices within the United States of America. We make no representation that the Content in the Site or Services are appropriate or available for use in other locations, and access to them from territories where their content or use is illegal is prohibited.Those who choose to access this Site or use the Services from locations outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content or the Services in violation of U.S. export laws and regulations.
Any action related to the Site, the Services, the Content or the Terms, shall be governed by Colorado law and controlling U.S. federal law, without regard to conflicts of laws thereof. You hereby consent and submit to the non-exclusive jurisdiction and venue in the state and federal courts located in Eagle County, Colorado for any legal proceedings related to the Site, the Services or the Terms. If any party hereto brings any suit or action against another for relief, declaratory or otherwise, arising out of these Terms, the prevailing party will have and recover against the other party, in addition to all court costs and disbursements, such sum as the court may adjudge to be reasonable attorneys’ fees. Except to the extent prohibited by applicable law, the parties agree that any claim or cause of action arising out of or related to use of the Site, the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
FOR USERS IN THE EUROPEAN UNION
- If you are resident in the European Union (“EU”), the terms of this agreement shall be governed by the laws of the EU country in which you live. You may therefore bring a claim to enforce your consumer protection rights in connection with these Terms in the courts of such EU country.
No partnership or agency. You agree that no joint venture, partnership, employment or agency relationship exists between us as a result of the Terms or your use of the Site (including the Applications) or the Services.
Waiver. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
Severance. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
Assignment. You may not assign, delegate or otherwise transfer your account or your obligations under these Terms without our prior written consent.We have the right, in our sole discretion, to transfer or assign all or any part of our rights under these Terms and we will have the right to delegate or use third party contractors to fulfil our duties and obligations under these Terms and in connection with the Site or the Services.