INTRODUCTION

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS APP. ALL OF THE TERMS ARE IMPORTANT, BUT PLEASE PAY SPECIAL ATTENTION TO THOSE THAT ARE IN CAPITAL LETTERS AS THESE MAY LIMIT OUR RESPONSIBILITY OR INVOLVE SOME RISK FOR YOU.

We have developed Specialized’s Apps for your personal use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell for any commercial purposes any portion of the App, use of the App or access to the App.

These Terms of Use tell you the terms on which you may use the App.

By using the App, and accepting these Terms of Use, you agree to comply with them. We recommend that you keep a copy of these Terms of Use for future reference.

If you do not agree to these Terms of Use, you must not use the App.

INFORMATION ABOUT US

In these Terms of Use, when we refer to Specialized, us, we or our, we mean Specialized Bicycle Components, Inc., 15130 Concord Circle, Morgan Hill, California 95037 and its directly and indirectly held subsidiaries.

You can contact us via the details in the "Contact Us" section below.

PRIVACY AND

compliance with applicable local laws. You may not use or export the content in violation of U.S. export laws and regulations. We use encryption software to ensure secure communication to our servers. In particular, we use Hypertext Transfer Protocol (HTTPS) and OpenSSL to securely transport information. The use of encryption may not be allowed by local law. You are responsible to ensure the use of encryption is legal and accepted in your country or locality. If you have any questions on the use of encryption in your country or locality, please check with your local retailer or RiderCare@Specialized.com.

LOCATION SERVICES AND FEATURES

YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE APP. YOUR ONLY REMEDY AGAINST SPECIALIZED FOR USE OF THE APP OR ANY CONTENT IS TO STOP USING THE APP. THAT SAID, IF SPECIALIZED IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS APP OR ANY CONTENT, SPECIALIZED’S LIABILITY SHALL NOT EXCEED US $100.00. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Where these things cannot be disclaimed or waived, these Terms of Use do not exclude or limit our liability for: (i) death or personal injury arising from our negligence, or the negligence of our employees, agents or subcontractors, or fraud or fraudulent misrepresentation; (ii) our gross negligence, wilful or intentional misconduct, or intent (where these terms have a recognised legal meaning in your country); or (iii) any other liability that we cannot exclude or limit by law. These Terms of Use may not apply where laws, regulations or other legal authorities provide different or additional rights than those established herein.

We will not be liable to you for any losses or damages suffered by you that: (i) were not reasonably foreseeable at the time you accepted these Terms of Use (loss or damage is reasonably foreseeable if either it is obvious at the time you accepted these Terms of Use that it may happen, or both you and we knew it might happen, for example, if you and we discussed it); or (ii) are not caused by us breaching a term of these Terms of Use, or any other failure by us.

Although we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs in the App, we cannot guarantee that there will not be any and we will not be responsible if we are claimed to be the source.

We will also not be liable to you for any period(s) when the App or any feature of the App is unavailable to you for any reason.

CHILDREN

The App is not for individuals under 16 and we request individuals under 16 not provide personal data to Specialized. If we learn that we have collected the personal data from a child under 16, we will take steps to delete the information as soon as possible.

CHANGES TO THESE TERMS OF USE

We may revise these Terms of Use at any time to reflect changes in or to:

  • relevant laws or regulatory requirements.
  • security, technical or operational issues; and / or
  • the App's functionality or features.

If we change these Terms of Use, we may post summary details of the changes below. If we have your e-mail address, we may also decide to e-mail you with information on those changes.

By accepting revised Terms of Use you agree to comply with them. If you do not agree to the revisions, you must stop using the App.

These Terms of Use were last reviewed and updated in September 2018.

Previous changes to these Terms of Use:

September 2018 – Terms of Use launched

GENERAL

If any term, or part of a term, of these Terms of Use is disallowed or found to be unenforceable by any court or regulator, the other provisions shall continue to apply.

If you or we breach these Terms of Use and you or we take no action against the other, you or we will still be entitled to use our rights and remedies in any other situation where you or we break these Terms of Use.

DISPUTES

We will do our best to amicably resolve any disputes over these Terms of Use and your use of the App. These Terms of Use, their subject matter and its formation, are governed by the laws of the State of California, United States of America. However, if you are a consumer and resident of any country you may benefit from mandatory provisions of, and legal rights available to you under, the laws of that country. Nothing in these Terms of Use affects your rights as a consumer to rely on these local mandatory provisions and legal rights.

You and we both agree that the California State Courts or United States Federal Courts, Santa Clara County, State of California, United States of America, will have non-exclusive jurisdiction over disputes concerning the use of the App or these Terms of Use. However, if you are a consumer and resident of any country requiring local jurisdiction you and we may also bring proceedings in that country.

CONTACT US

If you have any questions, comments, concerns, complaints or claims about these Terms of Use or the App, you can contact us at any time by RiderCare@Specialized.com.  prohibited or restricted parties.

The license we grant you in the 'Intellectual Property Rights' section above may, if applicable, include users in a family group, with a family manager and family members whose accounts are joined together for the purpose of creating a family group.

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