Customer Platform Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THE CUSTOMER PLATFORM.

IMPORTANT! Your use of the Customer Platform (as defined below) is subject to your acceptance of an agreement to the following terms and conditions (the “Terms of Use” or “Agreement”). By accessing, browsing or registering for an account on the Customer Platform, each User accepts, without limitation or qualification, these Terms of Use.

Definitions

“Customer Platform” means the Virtual Challenges presented by Cascade Bicycle Club and/or Washington Bikes and is operated by Washington Bikes, Cascade Bicycle Club and affiliates (“Providers”) and developed and hosted by RideShark Corporation (“RideShark”). “Participating Organizations” means “User”, “you” or “your” means anyone accessing, browsing, using or registering for an account on the Customer Platform or the application.

Description of Customer Platform

The purpose of Customer Platform is to support and encourage sustainable travel use (e.g. carpools, transit, vanpooling, cycling, walking, telework, etc.). As a Customer Platform user, there may be times when you are a passenger or a driver for other passengers.

Your Account

You must be at least 18 years old to use the Customer Platform.

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You also agree to accept responsibility for all activities that occur under your account or password. You agree to provide accurate information on your account for ridematching purposes. To preserve the integrity of the data in the ridematching database, we reserve the right to modify, deactivate and/or delete accounts they deem to contain inaccurate and/or inappropriate information. Accounts that are inactive for a certain period of time will be handled as follows: The registered user will receive an email directing him/her to reactivate his/her account. If no action is taken within a specified period, the account will be deactivated, and subsequently deleted if there continues to be no activity.

Proprietary Rights

Users have the right to access, view and print content on the Customer Platform, provided that the content is only used for information and non-commercial purposes.

Some material on the Customer Platform (as well as the organization and layout of the Customer Platform) is owned and copyrighted, licensed by, or used with permission that is granted to the Providers. No reproduction, distribution or transmission of the copyrighted material or confidential information on the Customer Platform is permitted without the prior written permission of Providers and/or RideShark Corporation, the software developer.

Privacy

By accessing or using the Customer Platform, you understand that we will collect and use certain information about you, including personal information. For more information about our collection, use, disclosure and protection of your personal information, please read our Privacy Policy. Questions or requests with respect to your personal information may be sent via email to info@rideshark.com

User Acknowledgements and Obligations

In exchange for using the Customer Platform you agree to abide by the terms and conditions listed below:

You acknowledge that Providers do not conduct background checks or otherwise evaluate the suitability of the Users. Users are themselves responsible for determining if it is appropriate or not to meet or share personal information with potential carpool partners.

You freely accept and fully assume all risks, dangers and hazards involved in this process, and the possibility of personal and bodily injury, death, property damage, or loss that these risks, dangers and hazards might cause.

You agree to indemnify and hold harmless Providers and RideShark from any and all liability linked to personal and bodily injury, death, property damage or loss, and from resulting claims or actions arising from your participation in or involvement with the Customer Platform.

You may not without our prior written permission use any computer code, data mining software, "robot," "bot," "spider," "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to attempt to gain unauthorized access to any portion of the Customer Platform, monitor or copy any of the Web pages, data or content found on this site or accessed through the Customer Platform. No User may test the vulnerability of the Customer Platform, or seek to trace any information on any other User of the Customer Platform.

You acknowledge that specific federal and provincial statutes (such as the Highway Traffic Act, the Commuter Services Act, the Public Vehicles Act, and the Insurance Act) contain legal obligations for carpooling. You therefore agree that it is your responsibility to acquaint yourself with the legal requirements of carpooling partnerships. You also acknowledge that you are responsible for contacting your vehicle insurer to make sure you have enough coverage to protect yourself and your carpool passengers.

For Users to be able to identify potential carpool partners you need to provide your name and at least one contact means (phone or email). The Providers do not sell or disclose your personal information obtained through these processes unless legally required to by law.

You acknowledge that Providers retains the right to contact you about the use of the Customer Platform.

You will not use the Customer Platform for any purpose that is unlawful or prohibited by these Terms of Use. If you violate any of these Terms of Use, your permission to use the Customer Platform automatically terminates.

You acknowledge that Providers reserves the right to remove any profile suspected of or found using the Customer Platform for purposes other than carpooling.

Disclaimer of Warranties

RideShark and the Participating Organizations in providing this service of matching riders and drivers based on location and work schedule, hereby disclaim any responsibility or liability for any accidents or harm to any rideshare program participants. We provide this service solely as a venue for communication between commuters that meet certain criteria. We do not evaluate or insure the character or skill of any drivers or passengers. Furthermore, our records are based on information that users enter into the database. Some of this information may be inaccurate or incomplete. We do not evaluate the correctness or truthfulness of the information submitted and cannot be responsible for any false information submitted.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE CUSTOMER PLATFORM AND THE SERVICE OFFERED THROUGH THE CUSTOMER PLATFORM IS AT YOUR SOLE RISK. THE CUSTOMER PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Providers, RIDESHARK AND PARTICIPATING ORGANIZATIONS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE CUSTOMER PLATFORM IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

Limitation of Liability

You expressly understand and agree that none of Providers, RideShark or the Participating Organizations shall be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if advised of the possibility of such damages), resulting from: (a) the use or the inability to use the Customer Platform or services; (b) the cost of procurement of substitute services resulting from any data, information or services obtained, or messages received, or transactions entered into on the Customer Platform; (c) unauthorized access to, or alteration of your transmissions or data; (d) statements or conduct of any third party on the service or in, or relating to, a carpool; or (e) any other matter relating to the Customer Platform or services offered through the Customer Platform.

Changes to the Customer Platform

Providers may make improvements to or changes in the information, services, products, and other materials on the Customer Platform or terminate the services made available through the Customer Platform at any time. These Terms of Use may be modified at any time, and such modifications shall be effective immediately upon posting of the modified Terms of Use. Accordingly, you agree to review this agreement periodically, and your continued access or use of the Customer Platform shall be deemed your acceptance thereof.



WAIVER AND RELEASE

In consideration of my registration to bicycle in a Cascade Bicycle Club event or my participation in any event, class or daily ride, I hereby agree and acknowledge the following, which includes a release of liability, which will apply to all of my participation in all Cascade Bicycle Club events, classes and daily rides, including any such activities of WA Bikes (individually an “Event,” and collectively “Events”):

1. In consideration of the acceptance of this entry and by signing this Release for myself (or for the participant if the participant is under 18) I agree to RELEASE, HOLD HARMLESS, and INDEMNIFY Cascade Bicycle Club and all its sponsors, their respective officers, agents, members, employees and volunteers and any and all Countries, States, Departments of Transportation, State Patrols, Counties, Townships and Cities through which this Event may pass, and any other parties connected with this bicycle event including but not limited to elected and appointed officials and their employees for any injury, loss or damage suffered as a result of participation in this bicycle event or any activity associated with it, including injury, loss or damage caused by the NEGLIGENCE of any party.

2. I understand that there are certain risks associated with bicycle riding, including the risk of serious personal injury or death, and I expressly agree to assume these risks. I understand the route chosen may be challenging, not necessarily the safest or easiest route, and that weather, road or traffic conditions may make this ride more difficult. I warrant that I am in proper physical condition to participate in this event, that I am a sufficiently competent cyclist to handle the road conditions, and that my bicycle is in safe operating condition.

3. I understand that wearing a helmet that meets the CPSC, SNELL, ASTM or ANSI bicycle safety standards can minimize head injuries which may occur in a cycling accident, and that Cascade Bicycle Club requires all riders to wear helmets. I agree to wear a helmet while participating in this event and to follow the rules of the road and all applicable laws and safe bicycling practices. It is my sole responsibility to insure that my helmet meets CPSC, SNELL, ASTM or ANSI standards and to wear my helmet while participating in this event.

4. I understand that the registration is transferable only by following Cascade procedures outlined online at https://cascade.org/rides/major-rides-transfer-policy.

5. I give permission to Cascade Bicycle Club to use my image in any future Club materials should it appear in photos taken during this Event.

6. I understand that this Release is also binding on my heirs and representatives. If I am signing on behalf of a minor, I accept full responsibility for all medical expenses incurred as a result of the minor’s participation. I agree to HOLD HARMLESS and INDEMNIFY the entities named above for any claims brought on behalf of the minor.

7. By registering, I agree to read and familiarize myself with the information in the registration materials and follow the procedures and rules. I will fill out credit card information or include check or money order (US Funds) payable to Cascade Bicycle Club.

8. Any legal action that may arise from my participation in this event will be handled in the state of Washington according to Washington state law.

9. Cascade Bicycle Club reserves the right to remove any participating rider from this event if said rider is deemed by an authorized Club agent to be endangering him/herself or other participants, or is riding illegally as defined by Washington state traffic law. Notwithstanding this clause, Cascade Bicycle Club is not responsible for cyclists not removed from the event for these or any other reason(s) and this clause shall in no way supersede, exempt participants from or otherwise nullify any other clause in this release agreement.

10. I understand that Cascade Bicycle Club and all its sponsors, respective officers, volunteers and agents are not responsible for any lost, stolen or damaged luggage. Participants are advised not to pack any valuables or breakable items in their luggage.

11. The Cascade Bicycle Club will not be responsible for any delay, interruption or other failure to perform, and may cancel any event in the case of a circumstance beyond its reasonable control. Such circumstances include such as, but are not limited to, an Act of God (for example, flood, earthquake, volcanic eruption, etc), war, riot or other civil disturbance, fire, epidemic, explosion, terrorist activity, sabotage, compliance with government requests, orders, or regulations, inability to deploy necessary equipment or volunteers, roadway or trail closures or construction, dangerous or impassable roadway or trail conditions, or any other cause beyond the reasonable control of the Cascade Bicycle Club. The executive director and the board will be the sole decision makers as to what, if any, refund or other accommodation will be made in the event of cancellation of an event. It is possible that an event will be cancelled without any refund or accommodation.

I pledge to ride safely and courteously and obey all vehicle traffic laws while riding this Cascade Bicycle Club event.

Addendum to waiver and release for minor participants

Parent or legal guardian must sign for, accompany, and be responsible for all persons under the age of 18; minors ages 16-17 may be unaccompanied with this signed consent form AND 24-hour advance permission of the ride leader or other authorized Cascade official.

I authorize emergency medical treatment for the minor registering and I accept full responsibility for all medical expenses incurred as a result of the minor’s participation in any Event. I hereby RELEASE from any liability, and agree to HOLD HARMLESS and INDEMNIFY Cascade Bicycle Club, WA Bikes, their officers, agents, successors and assigns, the sponsors, the ride leader(s) (if any), or other volunteers from any claims brought by me, another parent, grandparent, relative, or legal guardian for liability, including injury, loss or damage caused by the negligence, unintentional acts, and acts of omission of any party, and any loss or expense, which may arise from the minor’s participation in any Event. I hereby further agree to INDEMNIFY Cascade Bicycle Club, WA Bikes, their officers, agents, successors and assigns, the sponsors, the ride leader(s) (if any), and other volunteers from any future claim of liability by the minor named below.

I further state that I am of lawful age, a parent or legal guardian of the minor authorized to sign this waiver & release and this Addendum and legally competent to sign this waiver & release and Addendum. I understand that the terms of this document are contractual and not a mere recital, and I have signed this document as my own free act.

I AGREE I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS WAIVER & RELEASE AND ADDENDUM BY READING IT AND AGREE TO ITS TERMS.