Terms of Service
Revision date: June 21, 2018
AGREEMENT BETWEEN CUSTOMER AND FREE FLOW, LLC
Our Website ("Website") is provided solely to assist customers in gathering information, determining the availability of bicycle-related goods and services, making legitimate reservations or otherwise transacting business with bike shops and suppliers, and for no other purposes. The terms "we," "us," "our," "Free Flow," and "FreeFlow.bike," refer to Free Flow, LLC, an Illinois company, and its subsidiaries and its affiliates (collectively the "Free Flow Network"). The term "you" refers to the customer visiting the Website and/or booking a bicycle through us on this Website, or through our customer service agents.
USE OF THE WEBSITE
Free Flow is committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns. But if we are unsuccessful, you may pursue claims as explained in this section.
If we request arbitration against you, we will give you notice at the email address or street address you have provided.
Any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a Claim proceeds in court rather than in arbitration we each waive any right to a jury trial. The Federal Arbitration Act and federal arbitration law apply to this agreement. An arbitration decision may be confirmed by any court with competent jurisdiction.
The content and information on this Website (including, but not limited to, price and availability of bicycles), as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. While you may make limited copies of your subscription details (and related documents) for subscriptions booked through this Website, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:
use this Website or its contents for any commercial purpose;
make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
deep-link to any portion of this Website (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission; or
"frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization.
You may only use this Website to make legitimate requests to book the products or services offered (each, a "Request"), and shall not use this Website to make any speculative, false or fraudulent Requests, or any Requests in anticipation of demand.
It is a violation of law to place a Request in a false name or with an invalid credit card. Please be aware that even if you do not give us your real name, your Web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users will be prosecuted to the fullest extent of the law.
If your booking or account shows signs of fraud, abuse or suspicious activity, FreeFlow.bike may cancel any travel or service reservations associated with your name, email address or account, and close any associated FreeFlow.bike accounts. If you have conducted any fraudulent activity, Free Flow reserves the right to take any necessary legal action and you may be liable for monetary losses to Free Flow, including litigation costs and damages. To contest the cancellation of a subscription or freezing or closure of an account, please contact FreeFlow.bike Customer Service.
COPYRIGHT AND TRADEMARK NOTICES
All contents of this Website are ©2018 Free Flow, LLC. All rights reserved. Free Flow, LLC is not responsible for content on websites operated by parties other than Free Flow, LLC. The Free Flow logos are either registered trademarks or trademarks of Free Flow, LLC in the U.S. and/or other countries. Other logos and product and company names mentioned herein may be the trademarks of their respective owners.
If you are aware of an infringement of our brand, please let us know by e-mailing us at firstname.lastname@example.org.
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, Free Flow has adopted a policy of terminating, in appropriate circumstances and at Free Flow’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. Free Flow, LLC may also at its sole discretion limit access to the Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that an account holder or subscriber is a repeat infringer, please provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer when filing your notice. In the event that an account is terminated as a result of fraudulent or criminal activity, Free Flow reserves the right to record identifying information into a database with the sole purpose of reducing both bicycle thefts and bicycle-related criminal activities.
NOTICE OF INFRINGING MATERIAL
If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information. Please note that we will not process your complaint if it is not properly filled out or is incomplete. Any misrepresentations in your notice regarding whether content or activity is infringing may expose you to liability for damages.
A clear identification of the copyrighted work you claim was infringed.
A clear identification of the material you claim is infringing on the Website, such as a link to the infringing material.
Your address, email address and telephone number.
A statement that you have a "good faith belief that the material claimed as copyright infringement is not authorized by the copyright owner, its agent or the law.
A statement that "the information on the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
A signature by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You may send us your notice by email to <a href="mailto:email@example.com" ;="" target="_self">firstname.lastname@example.org</a>.
BICYCLE SHOP RULES & RESTRICTIONS
Additional terms and conditions will apply to your reservation and purchase of goods and services that you select.
Please read these additional terms and conditions for your specific subscription carefully. The Customer does not have an automatic right of cancellation unless such rights are provided for in the Bicycle Shop Rules and Restrictions or Conditions. You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier's rules and restrictions regarding availability, minimum age requirements, and use of rental cars and/or other products or services. You acknowledge that some suppliers offering bikes and/or other products or services may require you to adhere to local policies as a prerequisite to using and/or participating in the service and/or activity they offer. You understand that any violation of any such supplier's rules and restrictions may result in cancellation of your subscription, in your being denied access to the bicycle and/or other product or services, in your forfeiting any monies paid for such reservation, and/or in our billing you for any costs we incur as a result of such violation.
As a customer shopping on our site, you have many options to help you find the perfect bike rental. Our default sort order is based on the lowest total price. In cases where two bikes have the same total price, the bike that is listed first is determined randomly. Additionally, we continually optimize our service to provide you the best experience. Accordingly, we may test different default sort order algorithms from time to time.
REVIEWS, COMMENTS & OTHER SUBMISSIONS
We appreciate hearing from you. Please be aware that by submitting content to this Website by electronic mail, postings on this Website or otherwise, including any reviews, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, "Submissions"), you grant FreeFlow.bike and the affiliated, co-branded and/or linked website partners through whom we provide service (collectively, "FreeFlow.bike Affiliates") and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission. You acknowledge that FreeFlow.bike may choose to provide attribution of your comments or reviews (for example, listing your name and hometown on a review that you submit) at our discretion, and that such submissions may be shared with our supplier partners. You further grant FreeFlow.bike the right to pursue at law any person or entity that violates your or Free Flow’s rights in the Submissions by a breach of this Agreement. You acknowledge and agree that Submissions are non-confidential and non-proprietary. We take no responsibility and assume no liability for any Submissions posted or submitted by you. We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published on the Site If you do not agree to these terms and conditions, please do not provide us with any Submissions.
Please note that we assume no responsibility for reviewing unsolicited ideas for our business (like product or advertising ideas), and will not incur any liability as a result of any similarities between those ideas and materials that may appear in future Free Flow programs.
You are fully responsible for the content of your Submissions (specifically including, but not limited to, reviews posted to this Site). You are prohibited from posting or transmitting to or from this Website: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website. You acknowledge that Free Flow may exercise its rights (e.g. use, publish, delete) to any content you submit without notice to you.
Unless a Provider has agreed otherwise, all products, services, advice, merchandise and information available through this Website are provided on an "as is," "as available" basis without warranties of any kind, either expressed or implied, other than those imposed by law, including but not limited to, warranties of title or implied warranties of merchantability, satisfactory quality or fitness for a particular purpose. Without limiting the above, no warranty or guarantee is made (i) regarding the acceptance of any Request; (ii) that a User will receive the lowest available price for goods and/or services available through this Website; (iii) regarding the availability of products and/or services through this Website or, where applicable, at any participating retailer or retailer location; (iv) that use of this Website and all software, products or services associated with this Website will be error-free; (v) regarding the results that may be obtained from the use of this Website; (vi) regarding the completeness, accuracy, reliability or quality of any information, Content, data, service, advice or merchandise provided or available through this Website; or, (vii) regarding the performance or non-performance of this Website including, but not limited to, any performance or non-performance in connection with or as a consequence of the passage of time. You expressly agree that the use of this Website and included services is at your sole risk.
GENERAL LIMITATION OF LIABILITY
The Information, Software, Products and Services published on this Website may include inaccuracies or errors, including pricing errors. In particular, Free Flow companies and Free Flow Affiliates do not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of the bicycle and other travel products and services displayed on this Website (including, without limitation, the pricing, photographs, general product descriptions, etc.). In addition, FreeFlow.bike expressly reserves the right to correct any pricing errors on our Website and/or reservations made under an incorrect price. In such event, if available, we will offer you the opportunity to keep your reservation at the correct price or we will cancel your reservation without penalty.
Free Flow Companies, the Free Flow Affiliates and their respective suppliers make no guarantees about the availability of specific products and services. FreeFlow.bike and FreeFlow.bike Affiliates may make improvements and/or changes on the Website at any time.
Free Flow Companies, Free Flow Affiliates and their respective suppliers make no representations about the suitability of the information, software, products and services contained on this Website for any purpose, and the inclusion or offering of any products or services on this Website does not constitute any endorsement or recommendation of such products or services by Free Flow Affiliates. All such information, software products, and services are provided "as is" without warranty of any kind. The Free Flow Companies, the Free Flow Affiliates and their respective suppliers disclaim all warranties and conditions that this Website, its servers or any email sent from the Free Flow Companies, Free Flow Affiliates and/or their respective suppliers are free of viruses or other harmful components. The Free Flow Companies, the Free Flow Affiliates and their respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products and services, including all implied warranties and conditions of merchantability, fitness for a particular response, title and non-infringement.
The suppliers providing products or other services on this Website are independent contractors and not agents or employees of the Free Flow Companies or the Free Flow Affiliates. The Free Flow Companies and the Free Flow Affiliates are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. The Free Flow Companies and the Free Flow Affiliates have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority.
In no event shall the Free Flow Companies, the Free Flow Affiliates and/or their respective suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, your access to, display of or use of this Website or with the delay or inability to access, display or use this Website (including, but not limited to, your reliance upon opinions appearing on this Website; any computer viruses, information, software, linked sites, products and services obtaining through this Website; or otherwise arising out of the access to, display of or use of this Website) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if the Free Flow Companies and the Free Flow Affiliates and/or their respective suppliers have been advised of the possibility of such damages.
If, despite the limitation above, the Free Flow Companies, the Free Flow Affiliates and/or their respective Suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the Free Flow Companies, the Free Flow Affiliates, or their respective suppliers liabilities will in no event exceed, in the aggregate, the greater of (a) the fee or charge you paid to Free Flow in connection with such transaction(s), or (b) One-Hundred Dollars (US$100.00).
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of the Free Flow Companies, the Free Flow Affiliates and/or their respective Suppliers.
Some states-to the extent their law might be deemed to apply - -do not allow the limitation of liability, so the foregoing limitations might not apply to you.
You agree to defend and indemnify the Free Flow Companies, the Free Flow Affiliates, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
your breach of this Agreement or the documents referenced herein;
violation of any law or the rights of a third party;
your use of this Website; or
your use of this Website for, or on behalf of, a Third Party.
LINKS TO THIRD PARTY WEBSITES
This Website may contain hyperlinks to websites operated by parties other than Free Flow. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
TERMINATION OF USAGE
User access to all or part of this Website may be terminated or suspended at any time, without notice and for any reason.
BANK AND CREDIT CARD FEES
Your payment is processed in the United States, when we process your payment. When the travel supplier processes your payment, it will be processed in the country in which the travel supplier is based.
Free Flow or the travel supplier may have to verify: (i) the validity of the payment card (through a charge of a nominal value that is either refunded within a few days or deducted from the final payment due to the travel supplier) and, (ii) the availability of funds on the payment card (to be confirmed by the bank issuing your credit card).
Some banks and credit card companies impose fees for international or cross border transactions. For instance, if you are making a booking using a US-issued card with a non-US merchant, your bank may charge you a cross-border or international transaction fee. Furthermore, booking international travel may be considered an international transaction by your bank or card company, since we may pass your card details to an international travel supplier to be charged. In addition, some banks and card companies impose fees for currency conversion. For instance, if you are making a booking in a currency other than the currency of your credit card, your credit card company may convert the booking amount to the currency of your credit card and charge you a conversion fee. The currency exchange rate and foreign transaction fee is determined solely by your bank on the day that they process the transaction. If you have any questions about these fees or the exchange rate applied to your booking, please contact your bank.
SOFTWARE AVAILABLE ON THIS WEBSITE
Please note that all Software, including, without limitation, all HTML code and Active X controls contained on this Website, is owned by the Free Flow Companies, the Free Flow Affiliates, and/or our respective suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
One or more patents owned by the Free Flow Companies may apply to this Website and to the features and services accessible via the Website. Other patents may be pending.
None of the Free Flow Companies or the Free Flow Affiliates is responsible for any errors or delays in responding to a Request caused by an incorrect email address provided by you or other technical problems beyond their control.