Terms of Service:
Last Modified: November 9, 2017
Welcome to the website of Project 529, Inc. (“Project 529”, “we”, or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference, (collectively, these ”Terms of Service”) govern all use of project529.com and all content, services, and products available at or through project529.com, including, but not limited to the 529 Garage iOS and Android Mobile Applications offered by Project 529(collectively, the “Website”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Project 529’s
) and procedures that may be published from time to time on this website by Project 529.
The Website is available only to individuals who are at least 13 years old.
Your project529.com Account and Site.
If you sign up on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your account. You must not describe or assign keywords to your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Project 529 may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Project 529 liability. You must immediately notify Project 529 of any unauthorized uses of your account or any other breaches of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. Project 529 will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any and no reason, including if, in our opinion, you have violated any provision of these Terms of Service.
Responsibility of Contributors.
If you register a bicycle, report a bicycle as stolen, report a suspicious sighting, respond to a stolen or sighting report, or otherwise post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), you understand and acknowledge that you are entirely responsible for any Content you submit or contribute, and you, not Project 529, have full responsibility for such Content, including its legality, reliability, accuracy, and appropriateness.. We are not responsible, or liable to any third party for the content or accuracy of any Content posted by you or any other user on the Website. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software.
By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
- your account is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your account is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Project 529 or otherwise.
Any Content you post on the site will be considered non-confidential and non-proprietary. By submitting Content to the Website, you grant Project 529 and our affiliates and service providers, and each of their respective licensees, successors, and assigns, a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content for any purpose. If you delete Content, Project 529 will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Project 529 has the right (though not the obligation) to, in Project 529’s sole discretion:(i) take any action with respect to any content that in Project 529 deems necessary or appropriate in our sole discretion, including if we believe that such content violates the Terms of Service, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or public, or could create liability for Project 529 ; (ii) terminate or deny access to and use of the Website to any individual or entity for any reason or no reason, including without limitation, any violation of these Terms of Service; (iii) refuse or remove any content for any or no reason in Project 529’s sole discretion; (iv) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; or (v) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. Project 529 will have no obligation to provide a refund of any amounts previously paid.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any material on or through the website. YOU WAIVE AND HOLD HARMLESS PROJECT 529 AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
If your bike is permitted with a partner organization, additional Terms of Service may apply.
Responsibility of Website Visitors.
Project 529 has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Project 529 does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Project 529 disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which the Website links, and that link to the Website. Project 529 does not have any control over those non-Project 529 websites and webpages, and is not responsible for their contents or their use. By linking to a non-Project 529 website or webpage, Project 529 does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Project 529 disclaims any responsibility for any loss, damage, or harm resulting from your use of non-project529 websites and webpages.
Copyright Infringement and DMCA Policy.
As Project 529 asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Website violates your copyright, please provide Project 529 with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work;
- an identification of the copyrighted work and the location on the Website of the allegedly infringing work;
- a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law;
- your name and contact information, including telephone number and e-mail address; and
- a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Contact information for Project 529’s DMCA Agent for notice of claims of copyright infringement is:
Project 529, Inc.
Attn: DMCA Agent
2442 NW Market, Suite 437
Seattle, WA 98107
Project 529 will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Project 529 will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Project 529 or others. In the case of such termination, Project 529 will have no obligation to provide a refund of any amounts previously paid to Project 529.
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement therefore), are owned by Project 529, its licensors, or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Service permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
- If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
You must not:
- Modify copies of any materials from this site.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Service, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Project 529. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.
The Project 529 name, the 529 Garage name, the Project 529 logo, the 529 Garage logo, and all related names, logos, product and service names, designs and slogans are trademarks of Project 529, or its affiliates or licensors. You must not use such marks without the prior written permission of Project 529. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
Payment for Services. The Services are licensed on a monthly or yearly subscription basis to the User that pays for the Service. Please review all of the details of the subscription that you purchase; some subscriptions provide access to one Service and others provide access to more than one Service. If any amount payable by you is dishonored or returned for any reason, such as, but not limited to, non-sufficient funds, account closed, inability to locate account, or reversal by you and/or your bank, Project 529 may: a) reverse any corresponding credit issued to Project 529, you, or any other party without liability to you or any other party, (b) apply any money currently held by Project 529 to any amount owed to Project 529 by you, (c) initiate another debit in substitution for the dishonored debit until the debit is honored and to initiate separate debits to cover any NSF fee or dishonored payment fees, (d) charge you a one-time insufficient funds penalty fee for each occurrence, (e) report this information to any and all credit agencies and/or financial institutions, and/or (f) immediately terminate this Agreement. Project 529 may assess and collect interest at the rate of one and one-half percent (1.5%) per month (18% per annum) on any amounts owing and unpaid ten (10) days after demand. If further collection attempts are required, all collections costs will be charged to you, including but not limited to any costs associated with termination of this Agreement, and attorney fees, where permitted by law.
Subscription Cancellation. The User may notify us if he or she wants to cancel the subscription prior the beginning of the new subscription period. In the event that Project 529 is unable to charge a User's chosen payment method in accordance with this Agreement, we may terminate this Agreement and access to the Services immediately, without notice. If you stop using the Services, Project 529 has fulfilled your subscription term. Fees for the Services are not eligible for any proration of unused subscriptions or refunds, even if access to the Services is cancelled or terminated. After your access to the Services is terminated, you may no longer have access to any of the data or Content in the Services. We suggest you retain your own copies of any data or Content that you may need as Project 529 is not responsible for providing you with access to your Content or the Services after any cancellation or termination of this Agreement.
Project 529 reserves the right to display advertisements or sponsorships on its pages.
Project 529 has a policy to ship any ordered products as soon as possible, but does not guarantee a minimum ship time. Typical shipping times are within 48 hours of purchase, but shipment times will vary based on availability of product. Check your reciept for approximate shipment times.
Changes to the Terms of Service.
Project 529 reserves the right, at its sole discretion, to modify or replace any part of these Terms of Service. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. It is your responsibility to check this page periodically for changes, as they are binding on you. Your continued use of or access to the Website following the posting of any revised Terms of Service constitutes agreement and acceptance of those changes. Project 529 may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to these Terms of Service.
Changes to the Website.
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time and we are under no obligation to update such material.
Project 529 may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate these Terms of Service or your user account (if you have one), you may simply discontinue using the Website. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER PROJECT 529 NOR ANY PERSON ASSOCIATED WITH PROJECT 529 MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER PROJECT 529 NOR ANYONE ASSOCIATED WITH PROJECT 529 REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
PROJECT 529 HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability.
IN NO EVENT WILL PROJECT 529, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE) BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
If a Website user sees a bicycle they believe has been stolen, under no circumstance should the user approach the suspected thief. If possible, take a picture of the bicycle in question, note the direction it was heading, and submit the information to our Website.
General Representation and Warranty.
18. Indemnification. You agree to indemnify and hold harmless Project 529, its affiliates, service providers, contractors, and licensors, and its and their respective directors, officers, employees, contractors, licensors, suppliers, agents, successors and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, fees, or expenses, including reasonable attorneys’ fees, arising out of or relating to your violation of these Terms of Service or your use of the Website, including but not limited to your Content, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Service or your use of any information obtained from the Website.
Your Comments and Concerns.
This Website is operated by Project 529, Inc.
All notices of copyright infringement claims should be sent to the copyright agent in the manner and by the means set forth above.
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to:
Project 529, Inc.
2442 NW Market, Suite 437
Seattle, WA 98107