CycleSac is an app and affiliated webmap that was developed by the Sacramento Area Council of Governments, including its officers, directors, employees, agents, suppliers, licensors and its member agencies and their respective officer, directors, employees, agents, suppliers, and licensors (collectively "SACOG") to help local agencies study and understand the needs of cyclists, so that the agencies can more effectively prioritize cycling infrastructure investments.
CycleSac offers you the ability to track and record your bicycle trip routes, times, and purposes, and to view the bicycle trip routes of others, while also allowing local transportation planners to study and base decisions on users’ actual bicycle usage. CycleSac may also be used in conjunction with May is Bike Month. Use of CycleSac requires your mobile device to have and use a data connection; your carrier’s normal rates and fees will apply.
These Terms and Conditions of Use are binding and explain the services that are provided by SACOG and CycleSac, the terms under which those services are being provided, and describe how "personal information" is collected, used, and disclosed when you use CycleSac through your mobile device. "Personal information" is information that can directly be linked to an individual person including: name, addresses, photographs, age, gender, ethnicity, income, zip codes, cycling history, GPS data, your trip routes, time, speed, velocity and purposes, your iPhone's Unique Device Identifier (UDID) or Android phone's Device ID, your business name, and your contact information such as phone numbers and e-mail addresses (hereinafter "Personal Information").
Personal Safety Notice. You understand that all your athletic and/or recreational activities, including bicycling while using CycleSac, may have inherent, implicit, and/or express risks of bodily injury or death and/or property damage. You understand and agree that you voluntarily and at your own free will assume all known and unknown risks associated with such athletic or recreational activities, even if such risks may be claimed to be caused in whole or in part by the actions, inactions, or negligence of SACOG or others. You understand that SACOG will not carry out and is not responsible for any physical inspection, supervision, or preparation of any of the routes displayed in the CycleSac app and webmap, and that the inclusion of a route is in no way an endorsement or recommendation of any roadway, path, or other route for bicycling, nor are they an indication that any roadway, path, or other route is intended for use by bicyclists. Potential hazards and obstructions may exist on the routes shown, and SACOG and its partner agencies in no way warrant the safety or fitness of the routes shown. SACOG encourages you to always put safety first, follow applicable traffic regulations, do not change settings on your mobile device or CycleSac while in motion or in unsafe areas, and always exercise due diligence when cycling or engaging in other athletic or recreational activities.
Disclaimer of Warranties and Liabilities. CYCLESAC IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. SACOG DISCLAIMS ALL WARRANTIES AND DUTIES OF EVERY KIND TO THE FULLEST EXTENT PERMITTED BY LAW, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSES, AND NON-INFRINGEMENT. SACOG CANNOT GUARANTEE THAT: USE OF CYCLESAC WILL BE TIMELY, UNINTERRUPTED, SECURE, OR ERROR-FREE; THAT ANY DEFECTS, ERRORS, OR MALFUNCTIONS WILL BE CORRECTED; OR THAT CYCLESAC, ITS PLATFORM, OR THE SERVER HOSTING CYCLESAC OR ASSOCIATED DATA ARE FREE OF VIRUSES OR ANYTHING ELSE HARMFUL. SACOG DOES NOT GUARANTEE INFORMATION SECURITY OR WARRANT THAT THE INFORMATION COLLECTED WILL REMAIN FREE FROM UNAUTHORIZED ACCESS AND SACOG EXPRESSLY DISCLAIMS ANY SUCH OBLIGATION. FURTHERMORE, SACOG MAKES NO GUARANTEES AS TO THE ACCURACY OF ANY POSTED OR DISSEMINATED INFORMATION REGARDING CYCLESAC. TO THE FULLEST EXTENT PERMITTED BY LAW, SACOG UNDERTAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE USE OF CYCLESAC IN TERMS OF CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY, AVAILABILITY, OR OTHERWISE. SACOG IS NOT LIABLE FOR THE COST OF ANY COMMUNICATIONS BETWEEN SACOG AND YOU OR YOUR USE OF CYCLESAC; YOU BEAR THE RESPONSIBILITY AND COST OF YOUR CHOICE OF DATA TRANSMISSION FACILITIES, AND YOUR CARRIER’S NORMAL RATES AND FEES APPLY. YOU UNDERSTAND AND AGREE THAT YOU HAVE DOWNLOADED CYCLESAC AT YOUR OWN RISK, AND WILL BE SOLELY RESPONSIBLE FOR YOUR USE AND ANY DAMAGE TO YOUR MOBILE DEVICE WHEN YOU ACCESS CYCLESAC, LOSS OF DATA, OR ANY OTHER HARM OF ANY KIND THAT MAY OCCUR.
Limitation of Liability. To the fullest extent of the law, SACOG shall not jointly or severally be liable for any direct, general, special, incidental, indirect, consequential, or punitive damages, including but not limited to, lost profits, business interruptions, or lost data that result from the use of or the inability to use CycleSac and any user generated content, even if SACOG has been advised of the possibility of such damages. You expressly agree and promise not to sue SACOG for any claims, injuries, damages, or losses associated with your use of CycleSac. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the foregoing limitation may not apply to you in its entirety. However, you agree that SACOG’s liability will be limited to the maximum extent of the law. If links are established to a third-party website, SACOG is not liable for the contents of that website.
IN THE EVENT SACOG BREACHES ANY DUTY OR AGREEMENT RELATING TO THE CYCLESAC APP, THE EXCLUSIVE REMEDY WILL BE, AT THE OPTION OF SACOG, CORRECTION, SUBSTITUTION, OR REPLACEMENT OF THE CYCLESAC APP.
Indemnity. As a condition of use of the CycleSac app, you agree to indemnify, defend, and hold harmless SACOG from any and all claims, losses, liabilities, expenses, damages, and costs, including without limitation reasonable attorneys’ fees, arising from or relating in any way to your use of CycleSac and your conduct in connection with CycleSac, other users of CycleSac, or any violation of these terms.
Severability. If any part of these Terms and Conditions of Use is determined to be invalid or unenforceable, then the unenforceable provision will be deemed superseded by a valid, enforceable provision. The invalidity of any term or terms of these Terms and Conditions shall not affect any other term of these Terms and Conditions, which shall remain in full force and effect.
Copyright and Trademarks. The CycleSac app logo is the property of SACOG. Nothing shall be construed as granting, by implication, estoppel or otherwise, any license or right to make commercial use of the CycleSac app logo without prior written permission. Any copying or use not approved in writing by SACOG is strictly prohibited and all rights are reserved.
Termination. SACOG reserves the right to change, discontinue, and/or terminate CycleSac at any time without notice, at its own discretion, and may edit or remove in whole or in part any user’s account or user-generated content. You understand and agree that some of your user generated content may continue to appear on CycleSac or other platforms, even after your account is terminated.
Alternative Formats. If requested, these Terms and Conditions of Use can be made available in appropriate alternate formats to persons with a disability. Persons seeking an alternative format should contact Victoria S. Cacciatore at email@example.com.
Assignment. Unless otherwise prohibited, you agree that SACOG may assign this agreement at any time without further consent. You may not assign the obligations or benefits of this agreement.
Entire Agreement. These Terms and Conditions of Use constitute the entire agreement between you and SACOG regarding CycleSac and supersede any prior or contemporaneous understanding or agreement; there are no third-party beneficiaries to this agreement.