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You should also be aware that Bikekinetix® has a Privacy Policy, also available on this web site. Lynn Creative believes in protecting user privacy.

This Notice covers the following topics:

Section 1: Ownership of Site: Agreement To Terms Of Use.

Section 2: Copyright and Trademark Limitations

Section 3: Unauthorized Modifications

Section 4: Disclaimers

Section 5: Links to Third Party Sites

Section 6: Modification / Amendment to Agreement

Section 7: Applicable Law

Section 8: Miscellaneous / Entire Agreement

Ownership of Site. Agreement To Terms Of Use

This TERMS OF USE STATEMENT contains the terms and conditions governing www.bikekinetix.com (the “Site”). The SITE is owned and operated by Lynn Creative, Inc. (Lynn Creative).

Please note that this TERMS OF USE AGREEMENT is subject to change in the future without notice. It is up to you to check these terms and conditions periodically for changes.

Using the SITE constitutes your acceptance of all the terms and conditions contained in this TERMS OF USE AGREEMENT.

The SITE is the property of Lynn Creative, Inc. and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

As long as you comply with these TERMS OF USE, Lynn Creative, Inc grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Please refer to our Privacy Policy for information on how the SITE and any Third Pary Affiliate collects, uses and discloses personally identifiable information from its users.

Copyright and Trademark Limitations

The trails listed on the SITE (Bikekinetix.com) are a carefully curated selection of mountain bike trails that feature scenic, wilderness, historical, or romantic cycling adventures.  The compilation (meaning the collection, arrangement and assembly) of all content on the Site is the exclusive property of BIKEKINETIX® and Lynn Creative, Inc. and protected by U.S. and International trademark and copyright laws. All rights not expressly granted are reserved by Lynn Creative and its officers.

BIKEKINETIX® is a Federally registered trademark of Barbara Lynn / Lynn Creative, Inc., incorporated in the United States of America.

Lynn Creative, Inc mailing address:

LYNN CREATIVE, INC.
1000 CORDOVA PLACE #562
SANTA FE, NEW MEXICO 87505

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the database, design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Lynn Creative, Inc., and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Ltnn Creative's express prior written consent.

Permission is granted to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Lynn Creative, Inc. This limited use license does not include any resale or commercial use of this site or its contents; any collection and use of any listings, descriptions, images, photographs or graphics; any derivative use of this site or its contents; any downloading or copying of information for the benefit of another entity; or any use of data mining, robots, or similar data gathering and extraction tools.

Circumventing technological measures that controls access to or denies access to a work, damaging server or any computer equipment is a violation of copyright and trademark law. Any unauthorized use terminates the permission or license granted by Lynn Creative, Inc. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page or individual trail pages (barring any directory listings) of BIKEKINETIX.COM so long as the link does not portray BIKEKINETIX®, or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any BIKEKINETIX® logo or other proprietary graphic or trademark as part of the link without express written permission.

If in the event permission is granted to redistribute, publish or retransmit any copyrighted material, you agree not to modify or delete any copyright or proprietary notices from the materials. Except as expressly provided above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, trade secret, copyright or other proprietary or industrial right of Lynn Creative, Inc., its affiliates or any third party.

We reserve the right to revoke any permissions granted herein without advance notice.

All trademarks, logos, service marks and trade names are proprietary to Lynn Creative, Inc's, or other respective owners that have granted the SITE the right and license to use such intellectual property. All other trademarks, registered trademarks, product names and company names or logos mentioned or contained on the Site are the property of their respective owners.

BIKEKINETIX® makes no warranty that any other materials contained herein are free of Copyright or Trademark claims or other restrictions or limitations on free use or display.

MAKING A COPY OF SUCH MATERIAL MAY BE SUBJECT TO COPYRIGHT AND TRADEMARK LAWS SUCH AS TRADE DRESS, TRADEMARK, UNFAIR COMPETITION, AND OTHER LAWS. Your failure to comply with this Terms of Use Statement will constitute breach of contract and will violate copyright, trademark and other proprietary and industrial property rights.

Your Use of The Site / Unauthorized Modifications

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, reverse engineer or monitor any portion of the SITE or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the SITE or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the SITE. Lynn Creative, Inc. reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the SITE, or any other systems or networks connected to the SITE or to any Lynn Creative, Inc. server, or to any of the services offered on or through the SITE, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the SITE or any network connected to the SITE, nor breach the security or authentication measures on the SITE or any network connected to the SITE. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the SITE, or any other customer of Lynn Creative, Inc., including any Lynn Creative, Inc. account not owned by you, to its source, or exploit the SITE or any service or information made available or offered by or through the SITE, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the SITE.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Lynn Creative’s systems or networks, or any systems or networks connected to the Site or to Lynn Creative, Inc.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the SITE or any transaction being conducted on the SITE, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Lynn Creative, Inc. on or through the SITE or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the SITE or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Lynn Creative, Inc. or other respective owners that have granted the Site the right and license to use such intellectual property.

You may not capture or download our pages within frames, "mirror" the SITE or page or in any other format unless otheriwse noted or reproduce or present our content as your own or enclose any BIKEKINETIX® trademark, logo or other proprietary information (including the images found at the Site, the content of the Site, or the layout of any page or form contained on a page) without Lynn Creative Inc's express written consent. You may not link to individual graphics or tables within our pages, especially in an effort to place the downloading burden on our servers. You may not use any meta tags or any other "hidden text" or advertising copy utilizing Lynn Creative's or other respective owners propietary logos, trademarks, service marks or trade names without Lynn Creative's or respective owner's express written consent. Unauthorized attempts to modify or modifications of any information or graphic material stored on the BIKEKINETIX® web pages may result in criminal prosecution.

We appreciate your cooperation. Let us know if you find BIKEKINETIX® materials on other web sites. Please contact us to report the theft.

Disclaimers

Lynn Creative publishes information on its SITE to provide information, tips and resources related to the sport of bicycling and mountain biking. Lynn Creative uses reasonable efforts to include accurate and up-to-date information on the SITE; it does not, however, make any representations as to its accuracy or completeness nor shall Lynn Creative be liable for its failure to update such information. The documents and related graphics published on this server could include inaccuracies or typographical errors.

The maps on this SITE have been simplified to provide only an overview with approximate locations of trails and special features as a courtesy to our visitors. The trails described herein are legal for mountain bike use but rules can change. Permission to use trails should not be assumed. Changes are periodically added to the information herein. BIKEKINETIX® and/or its respective suppliers may make improvements and/or changes in the products(s) and/or the programs(s) described herein at any time. BIKEKINETIX.COM makes no representation that any published content is appropriate or authorized for use in all countries, states, provinces, counties, or jurisdictions; if you choose to access this site, you assume total responsibility and risk for your use of this Site and are responsible for compliance with all applicable laws.

Outdoor recreational activities are by their very nature potentially hazardous. All participants in such activities must assume responsibility for their own actions and safety. The information contained in this web site cannot replace sound judgment and good decision-making skills. The scope of this web site does not allow for disclosure of all the potential risks and hazards in such activities. Prepare for the unexpected, and be cautious.

IN NO EVENT SHALL BIKEKINETIX® ITS OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR DAMAGES OF ANY KIND, EVEN IF LYNN CREATIVE, INC. HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM WHATEVER CAUSE, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, DAMAGE OF ANY TYPE, TANGIBLE OR INTANGIBLE IN NATURE, ARISING OUT OF OR IN ANY WAY RELATING TO THE USE OR PERFORMANCE OF THE INFORMATION ON, OR ACCESSED THROUGH, LYNN CREATIVE'S SITE.

The materials and information provided on this web site are provided "as is." No warranty of any kind, implied, expressed, or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose, and freedom from computer virus, is given with respect to the contents of this web site or its hyperlinks to other Internet resources. Lynn Creative reserves the right to withdraw access to the SITE or to revise the content at any time without notice.

Reference in this web site to any specific commercial products, processes, or services, or the use of any trade, firm, or corporation name is for the information and convenience of the public, and does not constitute endorsement, recommendation, or favoring by BIKEKINETIX® , Lynn Creative, Inc., or it's officers, employees or agents.

Links to Third Party Sites

As a convenience, we may provide links to third party web sites from the SITE. These links are provided solely as a courtesy and convenience to you, the visitor. BIKEKINETIX® / Lynn Creative, Inc., it's officers or employees, exercise no control over the organizations, views, accuracy, copyright or trademark, compliance or the legality of the material contained on those servers and do not sponsor, endorse, or approve the information, content, proceeds, materials, opinions or services contained on such external sites. The visitor proceeds to those external sites at their own risk. BIKEKINETIX® and Lynn Creative. Inc specifically disclaim any and all liability from damages, which may result from the accessing of a third-party site, which is linked to the BIKEKINETIX® web site, or from reliance upon such information.

Modification / Amendment To Agreement

Lynn Creative reserves the right to withdraw access to the Site or to revise the content at any time without notice. Lynn Creative may at any time revise the terms and conditions contained in this Terms of Use Statement . You are bound by any revisions and it is your responsibility to periodically review the current terms and conditions which apply to your use of the Site.

Lynn Creative respects your right to privacy. See our Privacy Policy for more information.

Applicable Law

The laws of the State of New Mexico will govern these Terms of Use without giving effect to any principles of conflict of law. Your consent to this Agreement will include your consent to such law and the jurisdiction of and venue in the courts of the Borough of Manhattan, in the City of New York, in the State of New York in all disputes arising out of or relating to this Agreement. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of this Agreement.

Miscellaneous / Entire Agreement

If any part of this Agreement is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. The invalidity of any term, condition or provision of this Terms of Use Statement shall not affect the enforceability of those portions of the Terms of Use Statement deemed enforceable by applicable courts of law.

Last modified: January 31, 2017

 

 

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