Terms of Use
PLEASE READ THESE CAREFULLY BEFORE USING THIS WEBSITE. By accessing, browsing and/or using this Site you acknowledge that you have read, understood and agree to be legally bound by this Agreement. If you do not accept this Agreement, do not use this Site. We reserve the right to amend this Agreement at any time by posting the amended terms on our Site.
Acceptable use
You agree to not use the My First Bicycle Web Site in any way: (i) that causes, or may cause, damage to the My First Bicycle Web Site or impairment of the availability or accessibility of the My First Bicycle Web Site; or (ii) which is unlawful, illegal, fraudulent or harmful or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
Ownership
My First Bicycle is the registered copyright owner of myfirstbicycle.ca and no portion of the web site, including, but not limited to, the content, information, text, images, audio or video, may be used in any manner, or for any purpose, without My First Bicycle’s prior written permission.
All content including, but not limited to, certain names, graphics, logos, icons, designs, words, titles or phrases at the My First Bicycle Web Site may constitute trade names, trademarks or service marks of My First Bicycle or other entities. Trademarks may be registered in Canada and/or in other countries as applicable.
The display of trademarks on the pages of the My First Bicycle Web Site does not imply that a license of any kind has been granted unless expressly stated herein. Any unauthorized downloading, re- transmission or other copying or modification of trademarks and/or the contents herein may be a violation of federal or common law, trademark and/or copyright laws and could subject the violator to legal action.
Unauthorized use of My First Bicycle’s logos and/or name or trade names is prohibited. All information on the My First Bicycle Web Site is protected under the copyright laws of Canada and in other countries. In addition, certain information may be copyrighted by others. Unless otherwise specified, no one has permission to copy, redistribute, reproduce or republish in any form, any information found at the My First Bicycle Web Site.
Email Disclaimer
Email communication, including any information transmitted with it, is intended only for the use of the addressee(s) and is confidential. If you are not an intended recipient or responsible for delivering the message to an intended recipient, any review, disclosure, conversion to hard copy, dissemination, reproduction or other use of any part of this communication is strictly prohibited, as is the taking or omitting of any action in reliance upon this communication. If you receive this communication in error or without authorization, please notify us immediately by return e-mail or otherwise and permanently delete the entire communication from any computer, disk drive, or other storage medium.
No Warranties
My First Bicycle provides the My First Bicycle Web Site and the information contained therein on an “as is where is” basis and does not make any express or implied warranties, representations, or endorsements with respect to the My First Bicycle Web Site or the information, including, without limitation, warranties as to operation, usefulness, completeness, accuracy, reliability and fitness for a particular purpose. Further, My First Bicycle does not represent or warrant that the My First Bicycle Web Site will be available and meet your requirements, that access will be uninterrupted, that there will be no delays, difficulties in use, defects, incompatibility, failures, errors, omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system. You have the sole responsibility for taking protection and backup of data and/or equipment and for taking reasonable and appropriate precautions to scan for computer viruses or other destructive properties.
Your Liability
You agree that neither My First Bicycle nor its affiliates, licensors, or any other third party provider, nor any of their directors, officers, employees, will be liable in any way for any loss or damage, direct or indirect, which may arise out of, or in connection with, the My First Bicycle Web Site or the Application Portal or any obligation of My First Bicycle hereunder, including, but not limited to, any action or decision made by you in reliance on the My First Bicycle Web Site or the Application Portal or from any unauthorized use or reproduction of the My First Bicycle Web Site or the Application Portal, any malfunction, outage, interruption, discontinuation or delay in the My First Bicycle Web Site, the Application Portal or any part thereof, or any error contained therein, or omission therefrom or any inability to access your account, or any other non-performance, defective performance or late performance due to any cause whatsoever, including errors due to malfunction of equipment, programs or operations of My First Bicycle, its affiliates, its licensors, or any third parties, or negligence of My First Bicycle, its affiliates, its licensors, third party providers, operators or programmers, even if such party knew, should have known or was advised of the possibility, of such damages.
In no event will My First Bicycle, its affiliates, its licensors, or any third party provider, or any of their directors, officers, employees, consultants, agents or assigns, be liable for any punitive, incidental, direct, indirect, special, exemplary or consequential damages, including, but not limited to, loss of use, loss of data, loss of opportunity or loss of revenues, profits or savings, however caused, related to, arising out of or in connection with your use of, reliance on, or inability to access or use the My First Bicycle Web Site or the Application Portal, or for any delay in or failure of transmission of any instructions or notifications sent to My First Bicycle through the My First Bicycle Web Site or the Application Portal, or for any transmission of confidential or sensitive information to My First Bicycle or transmission of such information from My First Bicycle to you on your request, even if such party knew, should have known or was advised of the possibility, of such damages. My First Bicycle’s affiliates, licensors and third party providers will be third party beneficiaries to the foregoing provisions.
By using the My First Bicycle Web Site, you agree that the exclusions and limitations of liability set out herein are reasonable. If you do not think they are reasonable, you must not use the My First Bicycle Web Site.