Some of the services including but not limited to participation in on-line discussion forums, and related material, software, information, data, and other content made available on the Site (the “Content”) may require registration or subscription. Should you choose to register or subscribe for any service or for the Forum you agree to provide accurate and current information about yourself as required by the relevant registration or subscription process, and to promptly up date such information as necessary to ensure that it is maintained accurately. You agree to be responsible for: (a) ensuring the confidentiality of any passwords or account identifiers; and (b) all activities that occur and any transaction (including purchase, posting of information etc.) done under such password or account. You agree to immediately notify Cervélo of any unauthorized use of your password or information. You agree that Cervélo may collect and use the information provided for the purposes of maintaining the integrity of the Site and marketing efforts directed to you. Cervélo will not share your information with third parties without your express consent. You further agree that Cervélo or any of its affiliates, assigns, partners, employees, officers, and directors will not be responsible or liable directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section 2.
- Trademarks, Copyrights and Restrictions
- Cervélo is very respectful about the privacy concerns of the visitors to its sites on the Internet. As a general policy, personal information is not automatically collected from visitors to its sites. However, certain non-personal information of visitors is recorded by the standard operation of Cervélo's servers. This information is primarily used to provide an enhanced online experience for the visitor. Information tracked includes the type of browser being used by the visitor, the type of operating system in use by the visitor and the domain name of the visitor's Internet service Cervélo. By having this information, web pages optimized for a particular visitor's computer is automatically available to that visitor. Other uses of this information include internal review of the number of visitors to the sites but only in an aggregate and non-personally identifiable form. E-mail addresses and other personally identifiable data about visitors to the Site are known to Cervélo only when voluntarily submitted. Personally identifiable information that may be collected in connection with visitors voluntarily filling out contest entry forms or subscribing to newsletters is retained by Cervélo and not sold or otherwise transferred outside the company but may be shared with affiliates and industry partners. This information is used to better understand visitors' use of our sites and to support transactions made on the sites. However, this data in an aggregate form may be provided to other parties for marketing, advertising or other uses. We sometimes also use e-mail addresses and other personally identifiable information to contact visitors who communicate with us. For example, we direct e-mail to visitors who provide us with their e-mail addresses for specific purposes such as receiving our e-mail newsletters or being notified if they have won one of our contests. Each email newsletter always contains instruction on how to discontinue receipt of the newsletter.
- Many of the Cervélo websites, including this one, place a "cookie" in the browser files of a Cervélo user's computer. The cookie itself does not contain any personally identifying information. Although the cookie could enable Cervélo to relate a user's use of a Cervélo site to information that the user has specifically and knowingly provided, Cervélo does not do so for any kids' sites. Users should be aware that when they voluntarily disclose personal information (e.g., user name, e-mail address, telephone number) on the bulletin boards or in the Forum areas, that information can be collected and used by others and may result in unsolicited messages from other people. To the extent that any of our sites accessible through Cervélo has additional practices, these practices will be explained at that site. You agree to indemnify and hold Cervélo harmless as a result of collection of visitor information posted by visitor on the Site by unrelated third parties.
- A Special Note for Parents Concerning Privacy
Cervélo believes that parents should supervise their children's online activities and consider using parental control tools available from online services and software manufacturers that help provide a kid-friendly online environment. These tools can also prevent children from disclosing online their name, address and other personal information without parental permission.
- Linked Sites
Cervélo, whether or not affiliated with sites which may be linked to the Site, is not responsible for their content (the "Linked Sites"). The Linked Sites are for your convenience only and you access them at your own risk.
Unless otherwise specified, the materials in the Site are provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Cervélo disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Cervélo does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes them available are free of viruses or other harmful components. Cervélo does not warrant or make any representations regarding the use or the results of the use of the materials in the Site in terms of their correctness, accuracy, reliability or otherwise. You (and not Cervélo) assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. The material that you read on the Site is provided solely for entertainment, educational and promotional purposes. The information and opinions expressed in Bulletin Boards, Chat Rooms or other forums conducted on the Site ("Forums") are not necessarily those of Cervélo or its affiliated or related entities and Cervélo makes no representations or warranties regarding that information or those opinions. Furthermore, neither Cervélo nor its affiliated or related entities or its content providers are responsible or liable to any person or entity whatsoever (including, without limitation, persons who may use or rely on such data/materials or to whom such data/materials may be furnished) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based on or resulting from any information or opinions provided on the Site.
- By posting any notes, message billboard postings, ideas, suggestions, concepts or other material you agree to and automatically grant (or warrant that the owner of such materials expressly grants) Cervélo and its affiliates and licensors a world-wide, perpetual, royalty-free, irrevocable and non-exclusive right and license to use, copy adapt, transmit, communicate, publicly display, and perform distribute and create compilations and derivates works thereof from such submitted materials and that they will become the property of Cervélo throughout the universe and Cervélo shall be entitled to use the material for any type of use forever including in any media whether now known or hereafter devised. When you submit material to Cervélo's Websites and the Forums, you agree that Cervélo has the right to publish the material for any type of use as outlined above including promotional and advertising purposes.
- Cervélo is not responsible for any material posted on our Forums. You shall not submit or otherwise publish, distribute, or transmit, through such Forums any content or links to content which:
- libels, defames, invades privacy, or is obscene, pornographic, abusive or threatening;
- infringes any intellectual property or other right of any entity or person, including, but not limited to violating anyone's copyrights or trademarks;
- violates any international or domestic law of the jurisdiction in which you reside;
- advocates illegal activity;
- contain viruses, cancelbot, trojan horse, worm or other harmful or disruptive component; or
- advertises or otherwise solicits funds or is a solicitation for goods or services (collectively "Non-Approved Material").
- You agree to indemnify Cervélo and its officers, directors, employees, agents, distributors and affiliates from and against any and all third party claims, demands, liabilities, costs or expenses, including reasonable lawyer's fees, resulting from your breach of any of the foregoing agreements, representations and warranties or resulting from your access to or reliance on, distribution or use of the Site.
- Cervélo is a world-renowned brand and is known for good corporate citizenship and expects the visitors to this Site to further this image. The Forums provide for a “report” function in which users are encouraged to report offending or questionable posts, please use them in good discretion in helping to maintain a friendly and lively environment. In the event that visitors do not display Cervélo’s good corporate citizenship in materials and posting submitted, Cervélo reserves the express right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole and absolute discretion, are unacceptable, undesirable, or are in violation of these Terms and Conditions.
- E-Mail and Postings Received
Do not post any threatening or libelous e-mails or material on the Site that would be considered a violation of any law. Cervélo will fully co-operate with any law enforcement authorities or court order requesting or directing Cervélo to disclose the identity of anyone posting any such emails or materials. By posting materials or information, you agree and consent to the disclosure of your personal identifying information provided to Cervélo at the request of a recognize law enforcement body.
- Monitoring & Etiquette
Electronic forums such as mail distribution lists and UseNet newsgroups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources used by Cervélo may not be used to impersonate another person or misrepresent authorization to act on behalf of others or Cervélo. All messages transmitted by visitor should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access.
- Jurisdictional Issues
Unless otherwise specified, the materials in Cervélo's Site are presented solely for the purpose of promoting its products and increasing brand awareness through entertainment and educational materials. The Site is owned and operated by Cervélo SA in Switzerland. Cervélo makes no representation that materials in Cervélo's Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
- Termination of your Account
In the event that Cervélo determines, it its sole and absolute discretion, that your use of the Site or the Forums has breached these Terms and Conditions or that you are using the services herein for an unlawful or discreditable purpose, it may terminate your account and refuse you access to the Site or Forums. The disclaimer, limitations of liability, and indemnity clauses herein will survive such termination of your account or expiry of use of the Forum or Site.
The Terms and Conditions herein are not assignable by you and constitute the full agreement between you and Cervélo concerning the use of the Site and Forums and supercede all prior agreements whether in writing or not. If any of the provisions herein are found to be void, invalid or unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions herein. Unless prohibited by law any claim, cause of action or complaint arising out of your use of the Site or Forums must be brought by you within one (1) year of the discovery of the facts giving rise to the complaint, claim, or cause of action. Cervélo’s failure to enforce a particular provision of these Terms and Conditions does not constitute a waiver of any right or provision.