USA Cycling Terms and Conditions

IMPORTANT: PLEASE READ THESE TERMS AND CONDITIONS (“TERMS”) CAREFULLY BEFORE USING THIS WEB SITE. BY USING THIS WEB SITE, YOU ARE AGREEING TO BE BOUND BY THESE TERMS. THESE TERMS INCLUDE GRANTS AND WAIVERS OF RIGHTS, INCLUDING A CLASS ACTION WAIVER, LIMITATIONS OF OUR LIABILITY, YOUR INDEMNITY OF US, AND RESOLUTION OF DISPUTES BY ARBITRATION INSTEAD OF IN COURT.

Welcome! You have arrived at usacycling.org and/or are otherwise interacting with a web site or mobile application (“Site”) owned and operated by USA Cycling (“we,” “our,” or “us”). By using this Site or by downloading any information from or by uploading any information to this Site, you agree to abide by the terms and conditions set forth below. If you are a parent or legal guardian and you allow your child to use the Site, you agree to be bound by these Terms in respect of their use of the Site. Additionally, this Site may contain other terms and conditions that govern particular features, offers, sales or products (“Additional Terms”).

If you do not agree to abide by these terms and conditions, do not use this Site or download/upload Content (as defined below).

These Terms, the accompanying PRIVACY POLICY and any Additional Terms contained in the Site constitute the entire agreement (collectively, “the Agreement”) between us with respect to your use of the Site and the Content.

If you are under the age of 13, you must have parental or legal guardian permission to use our Site. If you believe that a child under 13 may have provided us personal information without adequate consent, please contact us at membership@usacycling.org.

We reserve the right, at our sole discretion, to change, modify, add or remove any of these terms and conditions, in whole or in part, at any time. The most recent date of any material changes to these Terms will be indicated by the “Last Modified” date at the top of the page. Changes will be effective when notice of such change is posted on the Site. Your continued use of the Site after any changes are posted will be considered acceptance of those changes. Your access to this Site for the limited and exclusive purpose of reviewing this Agreement does not constitute your acceptance unless you make any further use of the Site. In the event any notice to you of new, revised or additional terms and conditions is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You should frequently check the email you associated with your account for notices, and you agree that the means set forth in these Terms are all reasonable manners of providing you with notice. You can reject any new, revised or additional terms and conditions by discontinuing your use of the Site.

We may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time. We may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. We may terminate the authorization, rights and license given below and, upon such termination, you shall immediately destroy all Content and copies thereof.

3.1      Ownership of Site Content. Our Site contains a variety of: (i) materials and other items relating to USA Cycling and its products and services, and similar items from our licensors and other third parties, including all layout, information, articles, posts, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Site, and the compilation, assembly, and arrangement of the materials of the Site and any and all copyrightable material (including source and object code); (ii) trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including those of USA Cycling (collectively, “Trademarks”); and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”).

The Site (including past, present, and future versions) and the Content are owned or controlled by USA Cycling and our licensors and certain other third parties. All right, title, and interest in and to the Content available via the Site is the property of USA Cycling or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible. USA Cycling owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Site.

3.2      Grant of Limited License. Subject to your strict compliance with these Terms and the Additional Terms, you are hereby granted a revocable, non-exclusive, non-transferable, personal, limited right to download and copy (temporary storage only of web site content), display, view, use, play the Content on a personal computer, browser, laptop, tablet, mobile phone or other wireless device, or other Internet-enabled device (each, a “Device”), and/or print one copy of the Content (excluding source and object code in raw form or otherwise) as it is displayed to you, in each case for your personal, non-commercial use only. The foregoing limited license authorization is not a transfer of title in the Content or copies of the Content and is subject to the following restrictions: (1) you must retain, on all copies of the Content downloaded, all copyright and other proprietary notices contained in the Content; (2) you may not modify the Content in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose without our prior written consent; and (3) you may not transfer the Content to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions of use.

We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Site, so long as: (a) the links only incorporate text, and do not use any Trademarks, (b) the links and the content on your website do not suggest any affiliation (unless otherwise authorized) with USA Cycling or cause any other confusion, and (c) the links and the content on your website do not portray USA Cycling or its products or services in a false, misleading, derogatory, or otherwise offensive manner, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to USA Cycling. USA Cycling reserves the right to suspend or prohibit linking to the Site for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party.

3.3      Prohibited Activities. You agree not to use the Site or Content (1) for any purpose that is unlawful or prohibited by these Terms, (2) in any manner that could damage, disable, overburden, interrupt, or otherwise impair the operation of the Site in any way, or (3) in any manner which could interfere with any other party’s use and enjoyment of the Site and Content. You may not attempt to reverse engineer, decompile, disassemble, reverse assemble, or modify any Site source code or any other products, services, or processes accessible through any portion of the Site. You may not attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to the Site, through hacking, password mining, or other means. You may not obtain or attempt to obtain any Content through any means not intentionally made available through the Site. You may not upload any files that contain or otherwise introduce any viruses, Trojan horses, worms, time bombs, corrupted files, or any other software or programs that may damage the operation of the Site or any computer. You may not use any spider, robot, data mining tool or other automatic device, or any other manual process or means, to access the Site and/or its servers or systems to extract, download, monitor, gather, transmit or copy any of the Content or User-Generated Content. Operators of public search engines may use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials.

In order to access or use some (or potentially all) of the features on the Site, you may need to first register through our online registration process (“Account”). The Site’s practices governing any resulting collection, use, disclosure and management of your personal information are disclosed in its PRIVACY POLICY

If you register for any feature that requires a password and/or username, then you will select your own password at the time of registration (or we may send you an email notification with a randomly generated initial password) and you agree that: (i) You will not use a username (or email address) that is already being used by someone else, may impersonate another person, belongs to another person, violates the intellectual property or other right of any person or entity, or is offensive. We may reject the use of any password, username, or email address for any other reason in our sole discretion; (ii) You will provide true, accurate, current, and complete registration information about yourself in connection with the registration process and, as permitted, maintain and update it (including on your profile page) promptly when necessary to keep it accurate, current, and complete; (iii) You are solely responsible for all activities that occur under your Account, password, and username – whether or not you authorized the activity; (iv) You are solely responsible for maintaining the confidentiality of your password and for restricting access to your Device so that others may not access any password protected portion of the Site using your name, username, or password; (v) You will immediately notify us of any unauthorized use of your Account, password, or username, or any other breach of security; and (vi) You will not sell, transfer, or assign your Account or any Account rights.

We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations.

If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates these Terms, any applicable Additional Terms, or any applicable law, then we may suspend or terminate your Account. We also reserve the more general and broad right to terminate your Account or suspend or otherwise deny you access to it or its benefits – all in our sole discretion, for any reason, and without advance notice or liability.

USA Cycling may now or in the future offer users of the Site the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Site, or on or in response to our pages or posts on any third party platforms or in connection with any of our promotions by any media or manner, or otherwise submitted to us (e.g., on our Facebook or other social media pages, in response to our tweets, or by mail) (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, but excluding any Content included therein, “User-Generated Content”). You may potentially be able to submit User-Generated Content through your profile, forums, blogs, message boards, social networking environments, content creation tools, gameplay, social communities, contact us tools, email, and other communications functionality. Subject to the rights and license you grant in these Terms, you are responsible for and retain whatever legally cognizable right, title, and interest that you have in your User-Generated Content.

Except as otherwise described in any applicable Additional Terms that specifically govern the submission of your User-Generated Content, you hereby grant to USA Cycling, and you agree to grant to USA Cycling, the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your User-Generated Content (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User-Generated Content and combine the same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User-Generated Content for any purposes whatsoever, including developing, producing, and marketing products and/or services. You understand that in exercising such rights metadata, notices and content may be removed or altered, including copyright management information, and you consent thereto and represent and warrant you have all necessary authority to do so.

In order to further effect the rights and license that you grant to USA Cycling to your User-Generated Content, you also hereby grant to USA Cycling, and agree to grant to USA Cycling, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any User-Generated Content, and that of any other person depicted in or otherwise included in your User-Generated Content, without any obligation or remuneration to you or any other party. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User-Generated Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in these Terms.

We do not want you to, and you should not, send any confidential or proprietary information to us via the Site. Except as otherwise described in the Site’s posted PRIVACY POLICY or any Additional Terms, you agree that, notwithstanding your retained ownership interests (a) any information that you or individuals acting on your behalf provide to us will not be considered confidential or proprietary by us – regardless of whether you mark them “confidential,” “proprietary,” or the like – and will not be returned, and (b) to the maximum extent not prohibited by applicable law, USA Cycling does not assume any obligation of any kind to you or any third party with respect to your User-Generated Content. By providing any such information, you grant us an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information. You further recognize that we do not want you to, and you warrant that you shall not, download, upload or otherwise provide any information to us that is defamatory, threatening, obscene, harassing or otherwise unlawful, or that incorporates the proprietary material of another.

Upon USA Cycling’s request, you will provide documentation necessary to authenticate rights to such content and verify your compliance with these Terms or any applicable Additional Terms. You acknowledge that the Internet and mobile communications, and digital storage, may be insecure and subject to breaches of security so that your User-Generated Content is submitted at your own risk and you agree to hold USA Cycling harmless with respect thereto.

In your communications with USA Cycling, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for music, websites, apps, books, scripts, screenplays, motion pictures, television shows, theatrical productions, software or otherwise (collectively, “Unsolicited Ideas and Materials”). Any Unsolicited Ideas and Materials you submit are deemed User-Generated Content and licensed to us as set forth below. In addition, USA Cycling retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. USA Cycling’s receipt of your Unsolicited Ideas and Materials is not an admission by USA Cycling of their novelty, priority, or originality, and it does not impair USA Cycling’s right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.

USA Cycling may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your User-Generated Content, and USA Cycling may, in its sole discretion, reject, delete, move, re-format, remove or refuse to post or otherwise make use of User-Generated Content without notice or any liability to you or any third party in connection with our operation of User-Generated Content venues in an appropriate manner. Without limitation, we may do so to address content that comes to our attention that we believe is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms or any applicable Additional Terms. Such User-Generated Content submitted by you or others need not be maintained on the Site by us for any period of time and you will not have the right, once submitted, to access, archive, maintain, or otherwise use such User-Generated Content on the Site or elsewhere.

Each time you submit any User-Generated Content, you represent and warrant that (a) you are the sole author and owner of the intellectual property and other rights to the User-Generated Content, or you have a lawful right to submit the User-Generated Content and grant USA Cycling the rights to it that you are granting by these Terms and any Additional Terms, all without any USA Cycling obligation to obtain consent of any third party and without creating any obligation or liability of USA Cycling; (b) the User-Generated Content is accurate; (c) the User-Generated Content does not and, as to USA Cycling’s permitted uses and exploitation set forth in these Terms and any applicable Additional Terms, will not infringe any intellectual property or other right of any third party; and (d) the User-Generated Content will not violate these Terms (including the Rules) or any applicable Additional Terms, or cause injury or harm to any person.

USA Cycling has no obligation to monitor or enforce your intellectual property rights to your User-Generated Content, but you grant us the right to protect and enforce our rights to your User-Generated Content, including by bringing and controlling actions in your name and on your behalf (at USA Cycling’s cost and expense, to which you hereby consent and irrevocably appoint USA Cycling as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).

USA Cycling asks our users to respect the intellectual property rights of others. It is our policy to respond appropriately to clear notices of alleged copyright infringement, as set forth more fully below. In USA Cycling’s sole discretion, USA Cycling may remove content that may be infringing on another person’s intellectual property rights with or without notice to the potential infringer. In accordance with the U.S. Digital Millennium Copyright Act (“DMCA”) and other applicable law, USA Cycling has adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers.

If we remove or disable access in response to a DMCA Notice (as defined below), we will make a good faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter-notification. If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner’s) copyright in that work has been infringed by an improper posting or distribution of it via the Site, then you may send us a written notice that includes all of the following:

(i) a legend or subject line that says: “DMCA Copyright Infringement Notice”;

(ii) a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

(iii) a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL of the Site on which the material appears);

(iv) your full name, address, telephone number, and email address;

(v) a statement by you 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;

(vi) a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and

(vii) your electronic or physical signature.

USA Cycling will only respond to DMCA Notices that it receives by mail, email, or facsimile at the addresses below:

By Mail:
USA Cycling
Attn: Chief Administrative Officer & General Counsel
210 USA Cycling Point, Ste. # 100
Colorado Springs, CO 80919

By Email: legal@usacycling.org

It is often difficult to determine if your copyright has been infringed. USA Cycling may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and USA Cycling may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.

Please note that the DMCA provides that any person who knowingly and materially misrepresents that material or activity is infringing may be subject to liability.

We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification.

Without limiting USA Cycling’s other rights, USA Cycling may, in appropriate circumstances, terminate a repeat infringer’s access to the Site and any other website owned or operated by USA Cycling.

If access on the Site to a work that you submitted to USA Cycling is disabled or the work is removed as a result of a DMCA Notice, and if you believe that the disabled access or removal is the result of mistake or misidentification, then you may send us a DMCA Counter-Notification to the addresses above. Your DMCA Counter-Notification should contain the following information:

(i) a legend or subject line that says: “DMCA Counter-Notification”;

(ii) a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include the URL of the Site from which the material was removed or access to it disabled);

(iii) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

(iv) your full name, address, telephone number, email address, and the username of your account;

(v) a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the United States District Court for the District of Colorado), and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person; and

(vi) your electronic or physical signature.

Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than ten (10) and not more than fourteen (14) business days following receipt of the DMCA Counter-Notification. However, we will not do this if we first receive notice at the addresses above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Site. You should also be aware that we may forward the Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.

As a convenience to you, links to Web sites operated by others may be provided to you. The Site may also contain or may interact with or otherwise be associated with third party platforms, services, plug-ins, applications, ads, tools and/or other content, and/or links to third-party websites or other services that are not owned, controlled or operated by USA Cycling (collectively, “Third-Party Services”), including services operated by advertisers, licensors, licensees, e-commerce partners and certain other third parties who may have business relationships with USA Cycling. This may include the ability to register or sign in to our Site using Facebook Connect or other third party tools, and to post content on third party sites and services using their plug-ins made available on our Site. We may also host our content, apps and tools on Third Party Services.

USA Cycling may have no control over the content, operations, policies, terms, or other elements of Third Party Services, and USA Cycling does not assume any obligation to review any Third Party Services. USA Cycling does not necessarily endorse, approve, or sponsor any Third Party Services, or any third-party content, advertising, information, materials, products, services, or other items. Furthermore, USA Cycling is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such Third Party Services. Some Third Party Services may impose fees for access to their resources through our Site and/or your Account and you are responsible for all such fees.

Finally, we will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these Third Party Services. Any activities you engage in connection with any of the same are subject to the privacy and other policies, terms and conditions of use and/or sale, and rules issued by the operator of the Third Party Services. USA Cycling disclaims all liability in connection therewith.

Any interactions, correspondence, transactions, and other dealings that you have with any third parties found on or through the Site (including on or via Third Party Services or advertisements) are solely between you and the third party (including issues related to the content of third-party advertisements, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like). By logging into or enabling Third Party Services within or in connection with your Account, you are allowing us to pass your log-in information to these providers for this purpose. You hereby agree to indemnify USA Cycling against all claims, injury and/or damages including, without limitation, attorneys’ fees, that arise out of your use of any Third Party Service, including without limitation from any material that you post on any forum or social networking site in connection with us and/or any other claim related to your use of social media.

You hereby grant USA Cycling an irrevocable, perpetual license to use, reproduce, edit, create derivative works from, distribute, display, copy, transmit or otherwise use in any way, commercially or otherwise, any material that you post to any social networking site or other Third Party Service in connection with us or our Site.

Except as specifically stated herein, you agree that any disputes, actions, and claims relating to your use of the Site and all matters arising out of or related to the Agreement (including any applicable Additional Terms) (collectively “Disputes” or a “Dispute”) that are not resolved informally shall be resolved exclusively by final binding arbitration, except that you may assert claims in small claims court in the county of your residence or in Colorado Springs, Colorado, if your claims qualify.

9.1       Informal Negotiation. In the event of a Dispute, you and USA Cycling agree to attempt to avoid the costs of formal dispute resolution by giving each other a full and fair opportunity to address and resolve a dispute informally. The claiming party must send to the other party a notice of dispute, which is a written statement that sets forth the name, address, and contact information of the party giving the notice, detailed factual information sufficient to evaluate the merits of the claiming party’s individualized claim, and the specific relief sought, including whatever amount of money is demanded and the means by which the demanding party calculated the claimed damages. You must send any notice of dispute to USA Cycling, 210 USA Cycling Point, Ste. # 100,
Colorado Springs, CO 80919, Attn: Chief Administrave Officer & General Counsel We will send any notice of dispute to you at the contact information we have for you. You and USA Cycling will attempt to resolve a dispute through informal negotiation within sixty (60) days beginning from the date the notice of dispute is sent. This informal negotiation requires an individual meet–and-confer in person, telephonically, or via videoconference that addresses only the dispute between you and us. If you are represented by counsel, your counsel may participate in the conference, but you will also need to individually participate. USA Cycling will participate in the conference through one or more representatives, which may include our counsel. After the end of the sixty (60) day informal negotiation period and not before, and only after the completion of the dispute resolution conference with respect to a claim, you or we may commence an arbitration proceeding regarding that claim. Alternatively, you may litigate a dispute in small claims court immediately if the dispute meets the requirements to be heard in small claims court and you proceed only on an individual basis, whether or not you first negotiated informally or completed a dispute resolution conference. However, nothing in this paragraph is intended to prohibit the parties from engaging in informal communications to resolve the initiating party’s claims before, during, or after any dispute resolution conference or filing in small claims court.

9.2      Binding Arbitration. If you, on one hand, and USA Cycling, on the other, do not resolve a dispute by informal negotiation, the dispute shall be resolved exclusively by final binding arbitration, except that you may assert claims in small claims court in the county of your residence or in Colorado Springs, Colorado, if your claims qualify. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Consumer Arbitration Rules. All of the AAA’s rules are available at www.adr.org, and the rules governing consumer disputes are available at www.adr.org/consumer. The AAA’s rules, including the rules governing consumer disputes, are also available by calling 1-800-778-7879. You may initiate arbitration by utilizing the forms available on www.adr.org. If you have any difficulty initiating arbitration, you may call the AAA at 800-778-7879. You and USA Cycling are each giving up the right to have disputes resolved in court before a judge and/or jury (except as stated otherwise in this Dispute Resolution Section). The Federal Arbitration Act, not state law, shall govern the arbitrability of all Disputes between USA Cycling and you. All issues are for the arbitrator to decide, except that issues relating to the scope, interpretation, and enforceability of this Dispute Resolution Section, including the arbitration and class action waiver provisions, are for the court to decide. The most current version of this Dispute Resolution Section in effect when any Dispute arises shall govern resolution of any Dispute. This arbitration provision shall survive termination of these Terms.

Payment of all filing, administration and arbitrator fees (“Arbitration Fees”) will be governed by the AAA’s rules. You agree to commence arbitration only in your county of residence or in Colorado Springs, Colorado. The arbitration will be conducted based on written submissions unless you request a phone or in-person hearing, or the arbitrator determines that a phone or in-person hearing is necessary. The arbitrator may only award those damages and relief as a court could, and must follow the terms and conditions of the Agreement and this Dispute Resolution Section.

9.3      Limited Time To File Claims. TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN THIS DISPUTE RESOLUTION SECTION) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES – OR IT WILL BE FOREVER BARRED.

9.4      Injunctive Relief. The foregoing provisions of this Dispute Resolution Section will not apply to any legal action taken by USA Cycling to seek an injunction or other equitable relief in emergent circumstances in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Site, any Content, your User-Generated Content and/or USA Cycling’s intellectual property rights, USA Cycling’s operations, and/or USA Cycling’s products or services.

9.5      No Class Action Matters. Disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. YOU AND USA Cycling AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. There shall be no right or authority for any Dispute to be arbitrated on a class action basis or on any basis involving Disputes brought in a purported representative capacity on behalf of the general public, or other persons or entities similarly situated. But if, for any reason, any court with competent jurisdiction holds that this restriction is unconscionable or unenforceable, then our agreement in this Dispute Resolution Section to arbitrate will not apply and the Dispute must be brought exclusively in court pursuant to this Dispute Resolution Section. Notwithstanding any other provision of this Dispute Resolution Section, any and all issues relating to the scope, interpretation and enforceability of this Dispute Resolution Section, including the class action waiver provisions contained herein, are to be decided only by a court of competent jurisdiction, and not by the arbitrator.

9.6      Federal and State Courts in Colorado Springs, El Paso County, Colorado. Except to the extent that arbitration is required in this Dispute Resolution Section, and except as to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute may only be instituted in state or Federal court in Colorado Springs, El Paso County, Colorado. Accordingly, you and USA Cycling consent to the exclusive personal jurisdiction and venue of such courts for such matters.

9.7      Small Claims Matters Are Excluded From Arbitration Requirement. Notwithstanding the foregoing, either of us may bring qualifying claims of Disputes in small claims court, subject to this Dispute Resolution Section.

THE SITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. THERE IS NO EXPRESS OR IMPLIED WARRANTY WITH RESPECT TO THE ACCURACY OR COMPLETENESS OF THE CONTENT OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, OR OTHER INFORMATION SHALL BE AT YOUR SOLE RISK. CHANGES TO THE SITE, THE CONTENT AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE MAY BE MADE AT ANY TIME WITHOUT NOTICE. IN ADDITION, THERE IS NO EXPRESS OR IMPLIED WARRANTY THAT THE SITE OR ANY SOFTWARE OR SERVICES MADE AVAILABLE ON THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR WITHOUT BUGS. THIS SITE THE CONTENT, AND THE SOFTWARE MADE AVAILABLE ON THE SITE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO THE EXTENT SUCH JURISDICTIONS’ LAWS ARE APPLICABLE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OR ANY OF OUR AFFILIATES OR SUBSIDIARIES, BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE, THE CONTENT, OR ANY FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, EVEN IF SUCH PARTY IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE CONTENT.

TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW, IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SITE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE DEEMED IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, USER-GENERATED CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY USA Cycling OR A LICENSOR OF USA Cycling.

It is the intention of USA Cycling to comply with all applicable laws, statutes, ordinances and regulations (including without limitation those governing unfair competition, antitrust, intellectual property and false advertising) regarding the use of the Site, the placing of bids on or purchase of goods or services through the Site, and downloading/uploading of Content. The operation of the Site is not intended to facilitate collusion or other illegal agreements among competitors or acts that would violate a third party’s copyright, trademark or other intellectual property rights or confuse or deceive consumers. Accordingly, each user hereby represents and warrants that it does not intend to and will not use the Site to violate antitrust, copyright, trademark, consumer protection or other laws.

This Site is controlled, operated and administered from the United States of America. We make no representation that Content at this site is appropriate or available for use at locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the Content in violation of U.S. export laws and regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws.

Unless otherwise expressly agreed in writing, these Terms and Conditions of use shall be governed by the laws of the State of Colorado, without giving effect to its conflict of laws provisions.

To the extent permitted by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. No failure to exercise or enforce any right or provision of this Agreement shall constitute a waiver of such right or provision.