If you do not accept and agree to all provisions of the TOU, now or in the future, you may reject the TOU by immediately terminating all access and use of the Site, in which case any continuing access or use of the Site is unauthorized. You are also required to comply with, and to ensure compliance with all laws, ordinances and regulations applicable to your activities on the Site.
KINDRED is intended and designed for users 13 years of age and older, and access or use by anyone younger is not authorized. You hereby authorize that you are at least 18 years old, or, if 13 to 18, you have the consent and ratification of your parent or legal guardian to use the Site and to access the products and services hereon.
The TOU grants you a limited, revocable, nonexclusive license to access and use the Site, in whole or in part, including but not limited to viewing KINDRED intellectual property therein, solely in compliance with the TOU.
“Kindred Cycling” is a trademark of KINDRED and is protected by United States and international laws. The TOU does not authorize you to use “Kindred Cycling,” or any similar or related marks for any use pertaining to classified advertising, Internet advertising, social networks, online communication services or any similar or related use, or any other use that is likely to cause confusion on the part of, to cause mistake by or to deceive the public as to any affiliation, connection, association, origin, sponsorship, approval or endorsement by or with KINDRED. Any unauthorized use of the Kindred Cycling or KINDRED trademarks is strictly prohibited.
Your use of, and access to, the Site indicates your acceptance of this TOU.
You need not be a member of the Site to access the Site or use the content or services. However, access to some areas of the Site and some content and services may also be restricted to members only.
On becoming a member, you will be required to enter into a separate Membership Agreement, requiring, a valid email, username and password.
2. Proprietary Rights
Your use of the Site does not grant to you any ownership or interest in any content, code, data or materials you may access on or through the Site or any intellectual property rights subsisting any content, code, data or materials you may access on or through the Site.
Subject to the terms of a purchase and License, your use of the Site does not grant to you any ownership or interest in any content, code, data or materials you may access on or through the Site or any intellectual property rights subsisting any content, code, data or materials you may access on or through the Site. If you make other use of the Site, or the products, content, code, data or materials on the Site or available through the Site, except as otherwise provided above, you will violate copyright and other laws of the United States and, without limitation, the State of Pennsylvania, and may be subject to liability for such unauthorized use.
3. Copyright Agent
We respect the intellectual property rights of others, and require that those people who use the Site, or the products, services or features made available on or through the Site, do the same.
If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to KINDRED at https://kindredmultiplier.com/contact:
your name, address, telephone number, and email address;
a description of where the alleged infringing material is located;
a description of the copyrighted work that you claim has been infringed; and
a statement by you, that you represent and warrant that the above information in your notice is correct, complete, accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
It is your legal responsibility to know and understand Copyright Law and Digital Millennium Copyright Act (17 U.S.C. § 512(c)). See at: (http://www.copyright.gov/laws/). Be aware that there could be legal and severe consequences brought by the harmed party should you make a false accusation in this regard.
The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Site, or on content available through the Site, are registered and unregistered Trademarks of KINDRED and others.
Nothing contained on the Site should be construed as granting expressly or by implication any license or right to use any Trademark displayed on the Site without the written permission of KINDRED or the third party that may own the applicable Trademark.
5. Changes to Terms of and Conditions
KINDRED may, at its sole discretion, revise or change these Terms and Conditions (in whole or in part) from time to time and at any time without notice to you. Changes in the Terms and Conditions will be effective when posted by us on the Site. Your continued use of the Site and/or the services made available on or through the Site after any changes to the Terms and Conditions are posted will be considered acceptance of those changes.
6. User Information
7. Linking to the Site
You agree that if you include a link from any other web site to the Site, such link must link to the full version of an HTML formatted page of the Site. You are not permitted to link directly to any image hosted on the Site or our services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another web site.
Accept where subject to the applicable license agreement for the purchase and sale of products or services, you agree not to download or use images hosted on the Site on another web site, for any purpose, including, without limitation, posting such images on another web site. You agree not to link from any other web site to the Site in any manner such that the Site, or any page of the Site, is “framed,” surrounded or obfuscated by any third party content, materials or branding.
We reserve our right to insist that any link to the Site be discontinued, and to revoke your right to link to the Site from any other web site at any time upon written notice to you.
8. Third-Party Sites.
You may be able to move from the Site to third-party web Sites (“Linked Sites”). You hereby acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours. The inclusion of any link to such web sites on our Site does not imply KINDRED’s endorsement, sponsorship, or recommendation of that web site. KINDRED disclaims any and all liability for links to another web site.
EXCEPT AS PROVIDED FOR IN ANY APPLICABLE LICENSE OR TERMS OF PURCHASE AND SALE OF PRODUCTS OR SERVICES FROM THE SITE:
ALL CONTENT AND SERVICES ON THE SITE ARE PROVIDED “AS IS” WITH ALL FAULTS AND DEFECTS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED;
KINDRED AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE;
KINDRED DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN ANY CONTENT OR YOUR ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED OR THAT THE SITE OR THE SERVER WHICH STORES AND TRANSMITS CONTENT TO YOU ARE FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS; AND
KINDRED DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING YOUR ACCESS TO, OR THE RESULTS OF YOUR ACCESS TO, THE SITE (INCLUDING ANY RELATED OR LINKED WEB SITE) OR ANY CONTENT IN TERMS OF CORRECTNESS, ACCURACY, TIMELINESS, COMPLETENESS, RELIABILITY OR OTHERWISE.
UNDER NO CIRCUMSTANCES (INCLUDING BUT NOT LIMITED TO ANY ACT OR OMISSION ON THE PART OF KINDRED) WILL KINDRED OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL AND/OR CONSEQUENTIAL DAMAGES OR LOSS OF PROFITS WHATSOEVER WHICH RESULT FROM ANY USE OR ACCESS OF, OR ANY INABILITY TO USE OR ACCESS, THE SITE OR THE CONTENT THEREON, INCLUDING WITHOUT LIMITATION, THE PRODUCTS AND SERVICES AVAILABLE THEREON.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KINDRED’S LIABILITY FOR BREACH OF ANY IMPLIED WARRANTY OR CONDITION THAT CANNOT BE EXCLUDED IS LIMITED, IN THE SOLE DISCRETION OF KINDRED TO THE FOLLOWING:
IN THE CASE OF SERVICES SUPPLIED OR OFFERED BY KINDRED:
THE SUPPLY OF THE SERVICES AGAIN;
THE PAYMENT OF THE COST OF HAVING SERVICES SUPPLIED AGAIN; AND
IN THE CASE OF GOODS SUPPLIED OR OFFERED BY US:
THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS; OR
THE PAYMENT OF THE COST OF REPLACING THE GOODS OR ACQUIRING EQUIVALENT goods.
10. Posting Reviews; Moderation
Members and users of the Site may be invited to post reviews and feedback on products and services purchased through the Site. KINDRED has the right, but not the obligation, to regulate any and all user content posted to, stored on or transmitted via KINDRED or the Site by any user (or any other third party in any manner); to regulate conduct (including but not limited to any authorized or unauthorized access to or use of KINDRED) by any user (or any other third party in any manner); and to enforce the TOU, for any reason and in any manner or by any means that KINDRED, in its sole and unilateral discretion, deems necessary or appropriate (including but not limited to automated and manual screening, blocking, filtering, exclusion from index pages, exclusion from search results, requiring the use of an application programming interface (API), requiring the use of a bulk posting interface, authorization, verification, and the deletion and/or termination of content, accounts and/or all or any use or access). KINDRED may, in its sole and unilateral discretion and without notice, start, stop or modify any regulation or enforcement measures at any time. KINDRED action or inaction to regulate content or conduct or to enforce against any potential violation of the TOU by any user (or any other third party) does not waive KINDRED’s right to implement or not implement regulation or enforcement measures with respect to any subsequent or similar content, conduct or potential TOU violation.
You also understand and agree that any action or inaction by KINDRED or any of its directors, officers, shareholders, employees, consultants, agents or representatives (collectively, “KINDRED Representatives”) to prevent, restrict, redress or regulate content, or to implement other enforcement measures against any content, conduct or potential TOU violation is undertaken voluntarily and in good faith, and you expressly agree that neither KINDRED nor any KINDRED Representative shall be liable to you or anyone else for any action or inaction to prevent, restrict, redress, or regulate content, or to implement other enforcement measures against any content, conduct or potential violation of the TOU.
Although KINDRED Representatives may moderate content, conduct and TOU compliance on KINDRED at it’s sole and unilateral discretion, KINDRED Representatives have no authority to make binding commitments, promises or representations to anyone that they or anyone else on behalf of KINDRED will “take care” of any alleged problem or complaint, or that they or anyone else on behalf of KINDRED will otherwise stop, cure or prevent any problem, content, conduct or purported TOU violation from occurring or recurring. Accordingly, you further agree that any representation (written or verbal) by any KINDRED Representative (or by anyone else acting on behalf of KINDRED or by anyone purportedly acting on behalf of KINDRED) that KINDRED (including but not limited to any KINDRED Representative, anyone else acting on behalf of KINDRED, or anyone purportedly acting on behalf of KINDRED) would or would not prevent, restrict, redress or regulate content (including, without limitation, screen, block, moderate, review, remove, terminate, delete, edit or otherwise stop, cure or exclude any content), or to implement other enforcement measures against any content, conduct or potential or purported TOU violation is superseded by this provision and is nonbinding and unenforceable. Specifically, you agree that KINDRED, KINDRED Representatives and anyone else authorized to act on behalf of KINDRED shall in no circumstance be liable as a result of any representation that KINDRED, a KINDRED Representative or anyone else on behalf of KINDRED would or would not restrict or redress any content, conduct or potential or purported TOU violation. This paragraph may not be modified, waived or released except by a written agreement, dated and signed by KINDRED’s President and Chief Executive Officer and dated and signed by the individual or entity to whom the modification, waiver or release is granted.
KINDRED also has the right in its sole and unilateral discretion to limit, modify, interrupt, suspend or discontinue all or any portions of KINDRED at any time without notice. KINDRED and KINDRED Representatives shall not be liable for any such limitations, modifications, interruptions, suspensions or discontinuance, or any purported losses, harm or damages arising from or related thereto.
Content prohibited from KINDRED includes but is not limited to: (1) illegal content; (2) content in facilitation of the creation, advertising, distribution, provision or receipt of illegal goods or services; (3) offensive content (including, without limitation, defamatory, threatening, hateful or pornographic content); (4) content that discloses another’s personal, confidential or proprietary information; (5) false or fraudulent content (including but not limited to false, fraudulent or misleading responses to user ads transmitted via KINDRED); (6) malicious content (including, without limitation, bullying, malware or spyware); (7) content that offers, promotes, advertises, or provides links to posting or auto-posting products or services, account creation or auto-creation products or services, flagging or auto-flagging products or services, bulk telephone numbers, or any other product or service that if utilized with respect to KINDRED would violate these TOU or KINDRED’s other legal rights; (8) content that offers, promotes, advertises or provides links to unsolicited products or services; or (9) personals, match making, escort services, prostitution, or any similar services; (collectively, “Prohibited Content”).
In the event you post Prohibited Content, KINDRED retains the right to ban you immediately and potentially for life from further use of the Site at its sole and unilateral discretion. You agree that KINDRED can at its discretion pre-screen content at any time in an attempt to maintain the integrity of the Site for all users based on this particular condition of usage. KINDRED reserves the right to change and/or discontinue, some or all of its services at any time without notice.
You automatically hereby grant and assign to KINDRED, and you represent and warrant that you have the right to grant and assign to KINDRED, a perpetual, irrevocable, unlimited, fully paid, fully sub-licensable (through multiple tiers), worldwide license to copy, perform, display, distribute, prepare derivative works from (including, without limitation, incorporating into other works) and otherwise use any content that you post. You also expressly grant and assign to KINDRED all rights and causes of action to prohibit and enforce against any unauthorized copying, performance, display, distribution, use or exploitation of, or creation of derivative works from, any content that you post (including but not limited to any unauthorized downloading, extraction, harvesting, collection or aggregation of content that you post).
You hereby release KINDRED and each of the KINDRED Representatives, and their respective subsidiaries, affiliates, successors, predecessors, assigns, heirs, service providers and suppliers, from all claims, demands and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to KINDRED or content accessed through KINDRED, or any interactions with others arising out of or related to KINDRED or content accessed through KINDRED, and you expressly waive the provisions of any laws in other jurisdictions), which substantially provides the equivalent of the following: “A general release does not extend to claims which the releasor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the released party.”
THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
These TOU constitute the entire agreement between you and KINDRED and supersede any prior written or oral agreement. Other than the KINDRED owners, agents, employees, directors, officers, affiliates and successors (collectively, the “KINDRED Representatives”) (who are expressly included as named third-party beneficiaries of the TOU), there are no third-party beneficiaries to the TOU.
Any and all claims, causes of action or disputes (regardless of theory) between you and KINDRED arising out of or related to the TOU, KINDRED or content accessed through KINDRED,shall be governed and interpreted by the laws of the State of Pennsylvania as it applies to contracts executed and performed within the State of Pennsylvania by parties domiciled in the State of Pennsylvania, without reference or regard to the choice of law or conflict of laws rules of any jurisdiction. You hereby irrevocably and unconditionally agree to submit any legal action or proceeding relating to this TOU to the non-exclusive general jurisdiction of the courts of the State of Pennsylvania located in Franklin County and the courts of the United States located in the WesternDistrict of Pennsylvania and, in any such action or proceeding, consent to jurisdiction in such courts and waive any objection to the venue in any such court. You agree that service of process upon you in any such action or proceeding may be made by United States mail, certified or registered, return receipt requested, postage prepaid. If any provision of the TOU is found by a court of competent jurisdiction to be unenforceable, it shall be modified by such court to the extent necessary to make it enforceable to the fullest extent of the law; or if not possible, severed herefrom, provided, however, that in any event, all other provisions of the TOU shall remain in full force and effect.
KINDRED may disclose your information (as permitted or required to by law) to a government institution or other person or entity that has asserted their lawful authority to obtain the information or where KINDRED has reasonable grounds to believe the information could be useful in the investigation of an unlawful activity. This requested information shall only be provided in order to comply with a subpoena or warrant or an order made by a court to comply with court rules regarding the production of such records and information as required, and to KINDRED legal counsel.
TYPES OF COOKIES
The following types of cookies may be used when you visit the Site:
Advertising cookies are placed on your computer by advertisers and ad servers in order to display advertisements that are most likely to be of interest to you. These cookies allow advertisers and ad servers to gather information about your visits to the Site and other websites, alternate the ads sent to a specific computer, and track how often an ad has been viewed and by whom. These cookies are linked to a computer and do not gather any personal information about you.
Analytics cookies monitor how users reached the Site, and how they interact with and move around once on the Site. These cookies let us know what features on the Site are working the best and what features on the Site can be improved.
Our cookies are “first-party cookies”, and can be either permanent or temporary. These are necessary cookies, without which the Site won’t work properly or be able to provide certain features and functionalities. Some of these may be manually disabled in your browser, but may affect the functionality of the Site.
Personalization cookies are used to recognize repeat visitors to the Site. We use these cookies to record your browsing history, the pages you have visited, and your settings and preferences each time you visit the Site.
Security cookies help identify and prevent security risks. We use these cookies to authenticate users and protect user data from unauthorized parties.
Site Management Cookies
Site management cookies are used to maintain your identity or session on the Site so that you are not logged off unexpectedly, and any information you enter is retained from page to page. These cookies cannot be turned off individually, but you can disable all cookies in your browser.
Third-party cookies may be place on your computer when you visit the Site by companies that run certain services we offer. These cookies allow the third parties to gather and track certain information about you. These cookies can be manually disabled in your browser.
CONTROL OF COOKIES
Most browsers are set to accept cookies by default. However, you can remove or reject cookies in your browser’s settings. Please be aware that such action could affect the availability and functionality of the Site.
For more information on how to control cookies, check your browser or device’s settings for how you can control or reject cookies, or visit the following links:
In addition, you may opt-out of some third-party cookies through the Network Advertising Initiative’s Opt-Out Tool.
OTHER TRACKING TECHNOLOGIES
In addition to cookies, we may use web beacons, pixel tags, and other tracking technologies on the Site to help customize the Site and improve your experience. A “web beacon” or “pixel tag” is tiny object or image embedded in a web page or email. They are used to track the number of users who have visited particular pages and viewed emails, and acquire other statistical data. They collect only a limited set of data, such as a cookie number, time and date of page or email view, and a description of the page or email on which they reside. Web beacons and pixel tags cannot be declined. However, you can limit their use by controlling the cookies that interact with them.
What personal data we collect and why we collect it
When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.
If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.
Embedded content from other websites
Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.
How long we retain your data
If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.
For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.
What rights you have over your data
If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.
Where we send your data
Visitor comments may be checked through an automated spam detection service.
Last Updated October 31, 2022