TREK ACCESSORIES APP END USER LICENSE AGREEMENT
We welcome you to the Trek Accessories app, including the trekbikes.com services (hereafter the “Trek Accessories app"). This Trek Accessories app End User License Agreement is made by and between Trekbikes.com LLC, a Wisconsin limited liability company, with its principal offices at 801 West Madison Street, Waterloo, Wisconsin 53594 (“Trek"), and You. The Trek Privacy Policy documents, which may be found at https://www.trekbikes.com/us/en_US/company/legal_policies/privacy_policy_terms_of_use/, are incorporated by reference herein in their entirety. The Trek Accessories app is provided as a courtesy to enhance your enjoyment of certain Trek brand products and accessories that are configured to work with the Trek Accessories app, which may include, for example, configuring interfaces and firmware updates. The Trek Accessories app is referred to as the “Service(s)." PLEASE READ VERY CAREFULLY THE FOLLOWING TERMS AND CONDITIONS FOR USE OF THE SERVICES.
1. Acceptance of Terms. This Trek Accessories app EULA (the "Agreement") sets forth legally binding terms for your use of the Trek Accessories app. By using the Service, you agree to be bound by this Agreement, the trekbikes.com Privacy Policy, and all applicable laws and regulations with regard to your use of the Service. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT USE THE SERVICES.
2. Changes to Terms. We may modify this Agreement from time to time, and such modification will be effective upon its posting on the Trek Accessories app or our Website, trekbikes.com, or any other website or location through which you are able to access our Website. You agree to be bound by any modification to this Agreement when you use the Service after any such modification is posted; it is therefore important that you review this Agreement regularly. We will attempt to notify you via the Trek Accessories app or through your trekbikes.com when we update the terms of this Agreement.
3. Termination of Access. Trek has the right in its sole discretion to restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability, including in order to protect the integrity of the Services, the Website, and any related equipment. You understand that termination of Services is your sole right and remedy with respect to any dispute with Trek.
4. Preservation/Disclosure. You acknowledge, consent and agree that Trek may access, preserve and disclose your use of the Services and other information if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to your requests for customer service; or (d) protect the rights, property or personal safety of Trek, its customers and the public.
5. Non-commercial Use. You may not use the Services in connection with any commercial purposes, except as specifically approved by Trek. Trek reserves the right to terminate your access or restrict the Services if you attempt unauthorized sales, unauthorized commercial use, and other forms of solicitation.
6. Ownership of Services. Trek and its licensors own and retain all right, interest, and title to the Services.
7. License to Your User Content. In order to use the Services, you are required to grant Trek and its vendors a license to your anonymized usage information. By using the Services, you hereby grant to Trek and its vendors a non-exclusive, fully-paid, royalty-free, irrevocable, perpetual, worldwide license (including the right to sublicense) for any and all anonymized usage information, to use, copy, modify, adapt, translate, create derivative works, publicly perform, publicly display, store, reproduce, transmit, distribute, and otherwise make available such anonymized usage information on and through the Services, in print, or in any other format or media now known or hereafter invented, without any obligation of notification, compensation, attribution or consent.
8. License to the Services. Trek hereby grants to you a personal, limited, revocable, non-sublicensable license to access the Services through the Trek Accessories app solely for your personal use in connection with your Trek branded products. You acknowledge that use of the Services may incur additional fees or costs from your telecommunications provider and agree that you are solely responsible for any such additional fees or costs.
9. Privacy Policy. Trek does not collect personal information via the Trek Accessories app, but may collect anonymized usage information. Please review our Privacy Policy to learn what personal information we collect through the website, how we use and share the personal information we collect, and some of the steps we take to protect your privacy. Our Privacy Policy is part of this Agreement. By agreeing to this Agreement, you are also consenting to the collection, use and disclosure of your personal information in connection with the Services. You can access the Terms of Use and the Privacy Policy at any time by clicking on the links for these documents at the bottom of any page on the Website (i.e., trekbikes.com). Specific information related to CCPA and GDPR is located in the Website Terms of Use and the Privacy Policy.
10. Term and Termination. This Agreement will remain in full force and effect for so long as the Services are accessible through the Trek Accessories app. Trek reserves the right to terminate your access to the Services (or any portion thereof) immediately, with or without notice to you, and without liability to you, for any or no reason, including if Trek believes that you have breached any of the terms of this Agreement, you furnished Trek with false or misleading information, you interfered with use of the Service by others, obsolete Product, or insufficient customer interest in the Service, all within the sole discretion of Trek. The Services are provided as a courtesy and not as a material portion of any product.
11. Disclaimer of Warranties. You expressly understand and agree that:
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TREK AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, RETAILERS, DISTRIBUTORS, VENDORS AND LICENSORS (THE "TREK PARTIES") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE TREK PARTIES MAKE NO WARRANTY: (I) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, SECURE, ERROR-FREE, OR FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES); (II) REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; AND (III) THE QUALITY OF SERVICES WILL MEET YOUR EXPECTATIONS. WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA.
TREK DOES NOT MAKE ANY REPRESENTATION OR GUARANTEE THAT THE TREK ACCESSORIES APP OR SERVICES WILL BE AVAILABLE OR SUPPORTED FOR AN INDEFINITE OF TIME. TREK MAY DISCONTINUE, UPGRADE, DOWNGRADE, MODIFY OR REPLACE THE TREK ACCESSORIES APP OR SERVICES, AND VERSIONS THEREOF, AT ANY TIME, FOR ANY OR NO REASON, IN ITS SOLE DISCRETION, WITHOUT NOTICE TO YOU AND WITHOUT LIABILITY TO YOU.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
12. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS IN NO EVENT WILL THE TREK PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF THE SERVICES, THE WEBSITE, OR ANY WEBSITE WITH WHICH THEY ARE LINKED, EVEN IF TREK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE TREK PARTIES’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE SEPARATE AMOUNT PAID, IF ANY, BY YOU TO TREK SPECIFICALLY FOR THE TREK ACCESSORIES APP. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you; all other provisions of this Agreement remain in full force and effect.
13. Indemnity. You agree to indemnify, defend, and hold harmless the Trek Parties from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from or relating to your breach of the terms of this Agreement or your use of the Services. Trek will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
14. Modification and Discontinuation. We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently our Services (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Services.
15. Entire Agreement. This Agreement, together with any other terms or policies referenced herein, constitutes the entire agreement between you and Trek and governs your use of the Services, superseding any prior agreements between you and Trek with respect to the Services.
16. Choice of Law and Forum. This Agreement and the relationship between you and Trek will be governed by the laws of the State of Wisconsin without regard to its conflict of law provisions. You and Trek irrevocably agree to submit to the personal and exclusive jurisdiction of the courts located within Jefferson County, Wisconsin, or, if in the federal courts, to the Western District of Wisconsin located in Madison, WI, USA. You and Trek irrevocably agree to a bench trial to resolve any dispute related to this Agreement. Each party will pay for its own attorneys’ fees and costs.
17. Waiver and Severability of Terms. The failure of Trek to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
18. Limitation on Actions. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Websites or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
19. Questions. If you have any questions about the Trek Accessories app, please contact customer service through the website.