BaseCamp Participation Waiver
By joining BaseCamp, you agree to the following terms and conditions.
1. The risk of injury from the activities involved in this program is significant, including the potential for permanent paralysis and death. While particular skills, equipment, and personal discipline may reduce this risk, the risk of serious injury does exist.
2. I knowingly and freely assume all such risks, both known and unknown, even if arising from the negligence of Velocious Cycling Adventures, and I assume full responsibility for my participation.
3. I willingly agree to comply with the terms and conditions below. If I observe any unusual significant hazard during my participation, I will remove myself from participation.
4. For myself and on behalf of my heirs, assigns, personal representatives, and next of kin, I hereby release, indemnify, and hold harmless Velocious Cycling Adventures and its officers, officials, agents and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and, if applicable, owners and lessors of premises used for the activity, with respect to any and all injury, disability, death, or loss or damage to person or property associated with my presence or participation, whether or not arising from the negligence of any of these, to the fullest extent permitted by law.
5. I have read this release of liability and assumption of risk, I fully understand its terms, I understand that I have given up substantial rights by agreeing, and I join BaseCamp membership freely and voluntarily without any inducement.
General Terms and Conditions
This Agreement sets out the terms and conditions relating to the online content (“Free and Paid-for Content”) provided by BaseCamp (“the Siteowner”) to you (the "User”). By accessing BaseCamp (“the Site”), the User is agreeing to the terms and conditions on this page. If the User uses the Site in the course of business, the User is also agreeing to these terms and conditions on behalf of that business. If the User does not agree with the terms and conditions (or the User is not authorized to do so), the User should not use the Site.
Please contact BaseCamp at firstname.lastname@example.org with any questions.
Services and Fees
The Siteowner shall provide Free and Paid-for Content, including the prepaid BaseCamp packages. The Siteowner reserves the right to vary the Free and Paid-for Content and does not guarantee that the content provided free of charge (“Free Content”) will remain free of charge and does not guarantee that the content provided subject to payment (“Paid-for Content”) will remain a paid-for service.
The User shall agree to pay any subscription fees (“Fees”) at rates in effect when the charges are incurred. The User must provide the Siteowner with complete and accurate payment information. The User can pay using a credit or debit card or by setting up a standing order. By submitting credit or debit card details to the Siteowner the User warrants that they are entitled to purchase the Paid-for Content using those payment details. In the event of an unauthorized payment, the Siteowner reserves the right to suspend or terminate the User’s access to the Site and Paid-for Content. If no payment authorization is received, or if payment authorization is subsequently cancelled, the Siteowner may immediately terminate or suspend access to any Paid-for Content and/or the Site. The Siteowner will try to process the User’s request for any Paid-for Content promptly but does not guarantee that the Paid-for Content will be available to the User by any specified time.
A contract with the User for Paid-for Content will come into effect when the the User purchases a subscription. The User having paid the Fee for a subscription for the supply of Paid-for Content for a defined period, the User will have no right of cancellation for the supply of the Paid-for Content other than the right to cancel the subscription for Paid-for Content. This does not affect the User’s statutory rights.
Cancellation and Refunds
If you wish to cancel your membership, please notify us in writing at email@example.com. All membership fees are refundable until 11:59 p.m. on Monday, November 16, 2020, minus the credit card processing fees incurred by the Siteowner. No refunds will be issued for subscriptions after the program begins on November 17, 2020.
Registration, Passwords, and Privacy
Limitations on Use of the Site
All content and services provided by the Siteowner belongs to the Siteowner or is licensed to the Siteowner by licensors, including Wix. The Siteowner or its licensors, including Wix, own all the intellectual property rights in the content and services. The content and services provided are solely for the personal use of the User and the User shall not sub-license, distribute, sell, supply, modify, adapt, amend, incorporate, merge, or otherwise alter any content or service provided under this Agreement. The User shall not remove or replicate any logo, copyright or proprietary notices, legends, symbols, labels, watermarks, signatures or any other like marks affixed to or embedded in the content or services. The User shall not carry out any act or omission or permit any act or omission to take place that infringes or is likely to infringe any intellectual property rights owned or used by the Siteowner or its licensors, including Wix, or otherwise relating to the Site. Limitation of Liability and Indemnity The User expressly agrees that the use of, and browsing of the Site is at the User’s own risk. Neither the Siteowner nor any other party involved in creating, producing or delivering the Site, including Wix, is liable for any direct, incidental, special, consequential, indirect or punitive damages arising out of the User’s access to, or use of, or inability to use the Site or any linked site or for the cost of procurement of substitute goods or services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through the Site or resulting from any unauthorized access to or alteration of your transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible property including legal costs and expenses, even if the Siteowner has been advised of the possibility of such damages. The User expressly agrees that the downloading of any material form the Site is at the User’s own risk. Neither the Siteowner nor any other party involved in creating, producing or delivering the Site, including Wix, is liable for any direct, incidental, special, consequential, indirect or punitive damages resulting from the User downloading material from the Site or any linked site, including but not limited to, damages for loss of profits, use, data or other intangible property including legal costs and expenses, even if the Siteowner has been advised of the possibility of such damages. Without limiting the foregoing, everything on the Site is provided to the User “as is” and “as available” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of satisfactory quality, fitness for a particular purpose or non-infringement. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to every User. The User must check their local laws for any restrictions or limitations regarding the exclusion of implied warranties. While the Siteowner will use reasonable efforts to include accurate and up to date information on the Site, the Siteowner makes no warranties or representations as to its accuracy or completeness. The Siteowner is not responsible for any errors or omissions or for the results obtained from the use of such information. The information is provided with the understanding that the information does not constitute any form of advice, recommendation or arrangement by the Siteowner or its affiliates or any other party involved in the Site and is not intended to be relied upon by Users in making (or refraining from making) any decisions based on such information. The User must make their own decisions on whether or not to rely on any information posted on the Site. The Siteowner reserves the right to modify information displayed on this Site but it does not make any commitment to update the information displayed on this Site. No party other than the Siteowner who is involved in the workings of the Site, including Wix, will at any time be liable or responsible in any way for the content, including Paid-for Content, and information provided on or via the Site and for the User’s use of the Site. From time to time the Siteowner will make available to the User links from the site to third party sites. These sites are not in any way approved, checked, edited, vetted or endorsed by the Siteowner and the User agrees that the Siteowner shall not be responsible or liable in any way for the content, advertising or products available from such sites, the quality, functionality, suitability or legality of such sites or for any dealings that the User may have, or the consequences of such dealings, with such third party site operators. Any arrangements made between the User and any third party named on the Siteowner’s Site are at the User’s sole risk and responsibility and the Siteowner expressly disclaims any liability for third party information or opinions posted on this Site or any linked Sites that arises under criminal or civil laws relating to defamation, intellectual property, infringement, privacy, obscenity, or any other area of law.
The User agrees to indemnify, keep indemnified, defend and hold the Siteowner and its parent companies, subsidiaries, affiliates and their respective officers, directors, employees, owners, agents, information providers and licensors, including Wix (collectively the “Indemnified Parties”), harmless from and against any and all claims, damages, liability, losses, costs and expenses (including legal fees) (whether or not foreseeable or avoidable) incurred or suffered by any Indemnified Party and any claims or legal proceedings which are brought or threatened arising from the User’s use of, connection with or conduct on the Site or any breach by the User of these terms. The Siteowner reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, and in such case, the User agrees to co-operate with the defense of such claim.
Consequences of Breach of these Terms
In the event that the Siteowner or Wix considers or determines, in their complete discretion, that the User has breached, violated or contravened the Agreement or has otherwise demonstrated inappropriate conduct in the use of the Site or the content or services they reserve the absolute right to: (a) warn the User that they have violated the Agreement and ask the User to discontinue such conduct; (b) discontinue the User’s membership of the site and/or any other related services, including Paid-for Content; and (c) take measures (including terminating, suspending or restricting the User’s use of the Site) to prevent the User from using the Site or linking to the Site. Third Parties The provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement, except in relation to the rights of Wix.
Proper Law and Jurisdiction
This Agreement and all matters arising from it shall be governed by and construed according to the laws of the United States of America and the State of Pennsylvania.
This Agreement supersedes all prior agreements, arrangements and undertakings and constitutes the entire agreement relating to the subject matter of this Agreement. The User confirms that they have not entered into this Agreement on the basis of any representation that is not expressly incorporated into this Agreement.
Although certain areas of our website are made available to all visitors, before you can use the Service, you will need to register your details with us in accordance with the registration details. If you have not already done so, please register your details. Should you not register your details, you will not be allowed to use the Service. We reserve the right to ask for your date of birth to verify your age. Please note we will not collect the personal information of any individual who tells us he or she is under the age of 18.
How We Collect Information From You
In order to process your account for the Service and in order to reconcile our accounts, PayPal or such other payment partner as we may use from time to time may provide us with information detailing the credits and/or debits made to your credit/debit card.
Cookies are small files of information which are stored on your computer. Web sites you visit ask your computer to store this information and retrieve the information from your computer so that they can keep track of things like other web sites you visit or how you navigate our website or other files which provide you with the Site. For more information about what cookies are and how they work, visit www.allaboutcookies.org. On revisiting our website or in using the files, our computer server will recognize the cookie and give us information about your use of the Site. Most browsers accept cookies automatically, but usually you can alter the settings of your browser to prevent automatic acceptance. If you choose not to receive cookies, you may still use the Site but you may find that the Site may not function properly or is slower than when you allow a cookie to be installed on your machine.
How We Look After Your Information
We make sure that all the information we hold on you is as safe as possible. In addition, we have strict security procedures covering the storage and disclosure of your information in order to prevent unauthorized access and to comply with the relevant laws. This means that sometimes we may ask you for proof of identity before disclosing any personal information to you.
What Do We Do With Your Information?
We use your information to process orders you make from our Site. We may contact you from time to time to let you know about our services which may include sending you newsletters and news on events that you may be interested in. You can elect not to receive such marketing material at any time by writing to firstname.lastname@example.org.
When Do We Give Information That You Provide To Other People?