Terms and Conditions of Use
Last updated: December 16, 2023
Agreement to Terms
This Terms and Conditions of Use (“Terms”) constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you”) and Allerbi Inc. (“Allerbi”, “we”, “us” or “our”), concerning your use of the allerbi.com website (“Allerbi Website”, “Site”). Allerbi (‘’Allerbi”) is the product of Allerbi Inc.
By accessing the Allerbi Website, you confirm that you have read and agreed to be bound by these Terms. If you do not agree the Terms, you are expressly prohibited from using the Site and you must stop using it immediately.
We reserve the right to make changes to these Terms at any time for any reason. We indicate any changes by updating the “Last updated” of the Terms. It is your responsibility to periodically review the Terms for the updates. You will be deemed to have accepted the changes to the Terms by your continued use of the Site after the date such revised Terms is posted.
The information provided on the Site is not intended for distribution to or use by person or entity in country where such activities would be contrary to laws or regulations. Accordingly, the persons who choose to access the Site from other locations are solely responsible for compliance with local laws and regulations.
The Site is intended for users who are at least 18 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission from their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to this Terms prior to your using the Site.
Users between 16 and 18 years of age are permitted but under the supervision of their parent or guardian to register to the Site using their personal information. They are not permitted to conduct purchasing activities at the Site.
Users under 16 years of age are not permitted even under the supervision of their parent or guardian to register to Site using their personal information. We don’t collect any personal information of children under 16 years of age.
Intellectual Property Rights
Unless otherwise indicated, the Allerbi Website is our proprietary property and all contents (“Content”) on the Site such as source code, designs, media files, text, and the trademarks and logos (“Marks”) are owned by us, and are protected by copyright and trademark laws and other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.
The Content and the Marks on the Site are for your information and personal use only, no part of the Site and no Content or Marks may be used for any commercial purpose without our prior written permission. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us by sending email to support@allerbi.com. A copy of your notification will be sent to the person who posted or stored the material addressed in your notification.
User Representations
By using the Site, you represent and warrant that:
- All registration information you submit will be true, accurate, current and complete;
- You will maintain the accuracy of such information;
- You have the legal capacity and you agree to comply with these Terms;
- You are not under the age of 16;
- If between 16 and 18, you have received parental permission to use the Site;
- You will not access the Site through automated or non-human means such as a bot, script, or otherwise;
- You will not use the Site for any illegal or unauthorized purpose;
- Your use of the Site will not violate any applicable law or regulation.
If any above are not satisfied, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site.
You will be required to register to the Site to purchase and use Allerbi, you are responsible the use of your account and password. We reserve the right to remove or change a username if we determine, in our sole discretion, that such username is inappropriate.
Prohibited User Activities
As a user of the Site, you agree not to:
- Systematically retrieve data or other content from the Site to create or compile a collection, compilation, database, or directory without written permission from us.
- Make any unauthorized use of the Site, including collecting certain personal information for sending unsolicited email, or creating registration by automated means or under false pretenses.
- Use a buying agent or purchasing agent to make purchases on the Site.
- Use the Site to advertise or offer to sell goods and services.
- Circumvent or interfere with security-related features of the Site.
- Engage in unauthorized framing of or linking to the Site.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive personal information.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
- Attempt to impersonate another user or person or use the username of another user.
- Sell or otherwise transfer your profile.
- Use any information obtained from the Site in order to harass, abuse, or harm another person.
- Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating activities or commercial purpose.
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
- Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site.
- Harass, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
- Delete the copyright or other proprietary rights notice from any Content.
- Copy or adapt the Site’s software, including but not limited to PHP, HTML, JavaScript, or other code.
- Upload or transmit (or attempt to upload or transmit) any computer/network viruses, malware, or other material, including excessive use of capital letters and spamming.
- Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
- Use the Site in a manner inconsistent with any applicable laws or regulations.
User Generated Contributions
The Site invites you to contribute and participate in blogs and reviews, and provides you with the opportunity to post content and materials (“Contributions”) on the Site. Contributions may be visible to other users of the Site. As such, any Contributions you make will be treated as non-confidential and non-proprietary. When you make Contributions, you thereby represent and warrant that:
- Your Contributions do not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have the rights to use your Contributions in any manner contemplated by the Site and the Terms.
- Your Contributions are not intentionally to be false, inaccurate, or misleading.
- Your Contributions are not unsolicited advertising, promotion, or any other forms of solicitation.
- Your Contributions are not obscene, violent, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions do not advocate the violence, or incite or threaten physical harm against another.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
- Your Contributions do not violate or link to material that violates the Terms, laws or regulations
- Your Contributions do not include any offensive comments.
Any use of the Site in violation of the foregoing violates the Terms and may result in, among other things, termination or suspension of your rights to use the Site.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site.
You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion,
- to edit, redact, or otherwise change any Contributions;
- to re-categorize any Contributions to place them in more appropriate locations on the Site; and
- to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
Social Media
As part of the functionality of the Site, you may link your account with online accounts you have with third-party exercise service providers (“Third-Party Account”) such as Strava by providing your Third-Party Account login information through the Site. Allerbi Website will then use your login information to transfer your riding data to your Third-Party Account as is permitted under the applicable Terms that govern your use of each Third-Party Account.
You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and grant us right to send your riding data to your Third-Party Account, without breach by you of any of the Terms that govern your use of the Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
You can deactivate the connection between the Site and your Third-Party Account at any time by visiting the Profile page of the Site.
Submissions
You acknowledge and agree that any questions, comments, suggestions, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose.
You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
Third-Party Website and Content
The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as content belonging to third parties (“Third-Party Content”). We are not responsible for the accuracy, appropriateness, or completeness of Third-Party Websites and Third-Party Content. When you access the Third-Party Websites from the Site, you do so at your own risk, and you should be aware the Terms no longer govern.
You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
Site Management
We reserve the right, but not the obligation, to:
- Monitor the Site for violations of this Terms of Use;
- Take appropriate legal action against anyone who, in our sole discretion, violates the law or the Terms;
- In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
- In our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
- Otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
We maintain data from you, although we perform regular data backups, you are solely responsible for all data that you transmit to the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
Privacy Policy
We care about information privacy and security, we have a separate page for our Privacy Policy. Please review our Privacy Policy at here. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into this Terms and Conditions of Use. Please be advised the Site is hosted in the United States.
Term and Termination
The Terms shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE [YOUR ACCOUNT AND] ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Modifications and Interruptions
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time, and we will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. Regular maintenance and unexpected events may result in interruptions, delays, or errors of the Site.
We reserve the right to modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site.
Nothing in the Terms will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site; (3) breach of the Terms; (4) any breach of your representations and warranties set forth in the Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
Electronic Communications, Transactions, and Signatures
You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.
You hereby waive any rights under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
Miscellaneous
This Terms and any policies posted by us on the Site constitute the entire agreement between you and us. Our failure to exercise any right or provision of the Terms shall not operate as a waiver of such right or provision.
The Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
If any provision of the Terms or part of the provision is determined to be unlawful, void, or unenforceable, that provision is deemed severable from the Terms and does not affect the validity of any remaining provisions.
You hereby waive any and all defenses you may have based on the electronic form of the Terms and the lack of signing by the parties hereto to execute this Terms.
This Terms and Conditions of Use, your use of the Allerbi Website and Allerbi are governed by and construed in accordance with the laws of the State of Indiana applicable to agreements made and to be entirely performed within the State of Indiana, regardless to its conflict of law principles.
Contact Us
For any complains, comments and questions regarding the Site, please contact us at here, send email to support@allerbi.com, or mail to:
Allerbi Inc.
8750 Yardley Ct, #300
Indianapolis, Indiana 46268, U.S.A.
