Terms of Use


The website www.giflybike.com, including its sub-domains, the Gi Fly™ Bike mobile application, and all other associated software, applications, websites, or services (individually and collectively, the “Service”) offered by Bignay, Inc. (“Company”) or through Company’s affiliates, are governed by the following terms of service and Company’s privacy policy located at on the Gi Fly™ Bike mobile application menu and at www.giflybike.com/privacypolicy (“Privacy Policy”, and together the “Terms”). Please fully and carefully read all Terms before using the Service. The Terms exclusively govern and constitute a legally binding agreement between Company and users of the Service (“you”, “your”).By accessing, browsing, contributing, registering, viewing, or otherwise using the Service, or any part thereof, you unconditionally accept and agree to be bound by the Terms. If you do not agree to these Terms, you are not granted permission to enter into or use the Service for any purpose, and you must immediately cease using and leave the Service.The Terms are effective of and were last updated on Aug 19, 2015. Company reserves the right to modify, alter, amend, or update the Terms at any time without notice in Company’s sole and absolute discretion, and such new Terms will immediately take effect upon Company posting such new Terms on Company’s website. You are encouraged to frequently visit Company’s website and mobile applications to review current Terms. Notwithstanding the foregoing, Company will attempt to notify you in advance of any changes to the Terms. Notice of any new or revised Terms will appear online at www.giflybike.com/termsofuse.html or be updated in revised release of the application. Your continued use of the Service following any changes to the Terms shall be deemed your acceptance of all changes and your agreement to be bound by the most current Terms. Any questions, requests for assistance, thoughts, or complaints regarding the Terms can be directed to Company at: contact@GiFlyBike.com.The Terms are written in English (USA). Company may make these Terms available to you in languages other than English through third party translation services, such as Google Translate. Such translations of any materials into a language other than English are intended solely as a courtesy to you and for the convenience to non-English reading users. Company does not warrant or represent to the accuracy of any such translations, and you acknowledge that such translations may contain differences due to the inherent difficulty in translating languages. You acknowledge and agree that the English (USA) version of the Terms found on www.giflybike.com/terms shall be the controlling version of the Terms in the event of a discrepancy, and shall exclusively govern the entire relationship between Company and you.The Service may contain links to third party content, including, without limitation, other websites, for the convenience of visitors, to set up an Account (as defined below), which Company has not reviewed. Company linking to third party content does not imply an advertisement or endorsement of any service, product, or otherwise, provided by such third party. Company is not responsible for any third party content linked to or from the Service and expressly disclaims, without limitation, any responsibility for any third party content, the accuracy of any information found on any third party web site, or the quality of products of services provided by or advertised on such third party website. Your use of any third party content is at your own risk, and subject to the terms and conditions of such third party’s website. Company encourages you to review the terms and conditions and privacy policy of any third party website that you visit.

The Service

Company offers a folding bicycle, which may be electrically assisted. In the folded position, the Gi Fly™ Bike may be locked as a security measure. Note that this locking mechanism is not an external mechanism that allow the Gi Fly™ Bike to be locked to a another object, such as a bicycle rack, or fence. Unlocking the Gi Fly™ Bike can be controlled through the Gi Fly™ Bike mobile application. The Service is accessible worldwide, unless otherwise specified by Company. Company makes no representation that the Service is suitable for use in any location. Content (as defined below) may not be available in your particular country, state or locality, and the reference to any Content within the Service does not imply or warrant that the Content will be available at any time in your particular location. Those who access the Service do so at their own volition and are responsible for compliance with local laws. If you have questions concerning the accessibility of Content, please check with Company for the availability of specific Content in your area.

Intellectual Property

The Service is owned and operated by Company. As between you and Company, Company owns, licenses, or is authorized to use or exploit all audio, video, images, software, text, scripts, artwork, trademarks, service marks, data, proprietary rights, and other materials, including, without limitation, the selection, coordination, arrangement, and organization of all material, found on the Service (the "Content"). You acknowledge and agree that the Service and Content is protected by various intellectual property and other laws, including, without limitation, the United States Copyright Act, the Lanham Act, and various international conventions and treaties, and you may not modify, amend, lease, sell, distribute, or create derivative works of the Service or Content without the written consent of Company. With respect to any open source or third party code that may be incorporated in the Service, such open source code is covered by applicable open source or third party agreements, if any.Any unauthorized activities that infringe upon the intellectual property rights of Company, or its affiliates, is expressly prohibited. Nothing contained in the Terms should be construed as granting, by implication or otherwise, any license or right to use the Service or any Content in any way not specifically outlined in the Terms. Any unauthorized use of the Content, except as explicitly authorized by these Terms, is strictly prohibited and may subject you to civil liability under copyright laws, trademark laws, and other civil and criminal statutes, rules, or regulations.Company’s name and brand, including, without limitation, Gi Fly™ Bike, is protected under the trademark laws of the United States and/or the various states. You may not display Company’s trademark without Company’s prior written consent. Any third party trademark or service mark displayed via the Service is the property of their respective owner.Company does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Company the following worldwide, royalty-free and non-exclusive license(s), as applicable: With respect to Content you submit or make available for inclusion on publicly accessible areas of Company’s Sites or applications, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific aspect of the Company service to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Company removes such Content from the Service. However, some non-personal or non-identifying data, such as aggregated geolocation data that we use to provide enhances functions to our users or data that may be used to improve the service may be retained according to the Privacy Policy.

Accounts

In order for you to access some or all of the Service, you may have to create a Gi Fly™ Bike account (“Account”). When creating an Account, a copy of these Terms and Company’s Privacy Policy will be provided to you before you are permitted to register. Registration may be available using existing social media accounts, such as Facebook or Google Plus, which will likely provide Company access to information you have provided such social media service. Company’s Privacy Policy will govern such information collected.When registering an Account, you must provide Company with accurate and complete information, such as your legal name and email address. For additional information, see Company’s Privacy Policy. The Service may not operate correctly if you provide Company inaccurate information. You are also required to authenticate your Account through entering a username and password prior to your use of the Service. You are solely responsible for activity that occurs on your Account, keeping your username and password secure, and you must notify Company immediately upon any breach of security or unauthorized use of your Account. If you use the Service on a public computer, or unprotected mobile device, you acknowledge it is your responsibility to log out of the Service.Through creating an Account, or otherwise using the Service, you authorize Company, from time to time, to electronically communicate with you in order to provide information concerning your Account or the Service, including, without limitation, by means of text messages, SMS, MMS, or mobile device banners or pop ups. You may cancel your Account at any time by following instructions found on your Account page or within the Gi Fly™ Bike mobile application. Regardless of Account cancellation, you remain liable to Company for all amounts due to Company pursuant to your use of the Service, if any. For any questions, please contact Company at: contact@GiFlyBike.com. For more information, please see Company’s Privacy Policy.Company reserves the right to terminate a user’s Account and/or access to the Service if a user is determined, in Company’s sole discretion, to violate the Terms herein, or for any reason whatsoever or for no reason. Regardless of Account termination, you remain liable to Company for all amounts due to Company pursuant to your use of the Service and Company may maintain a records of Content you created while using the Service.

Key Points

  • Road information prevails. The information provided by the Service is not intended to replace the information provided on the road, such as travel direction, time based restrictions, lane restrictions, road blockades, traffic signs, traffic lights, police instructions, etc.
  • Cautious driving. Always drive vigilantly according to road conditions and in accordance with traffic laws. It is strictly forbidden to interact with the Service or use the Service in a non-verbal manner for any purpose other than for viewing map-based functions while driving.
  • Location-based Service. Some features of the Service make use of detailed location and route information, for example in the form of GPS signals and other information sent by your mobile device. These features cannot be provided without utilizing this technology. Please note, as described in detail in the Privacy Policy.
  • The Service uses your location and route information to create a detailed location history of all of your journeys made when using the Service.  This improves the quality of the Service and the accuracy of its mapping and navigation data.  This history is associated with your account and username (if you have chosen to set up a username). This history is retained by the Service for a limited period of time and in accordance with the Privacy Policy.
  • Advertisements. Third party advertisements may appear on the Service from time to time. We do not endorse these advertisements, and the advertisements are not intended to be, nor should they be, viewed by drivers unless and until their vehicle has come to a complete stop.
  • The Internet connection required to use the Service, and any associated charges (e.g. mobile data expenses) incurred by your use of the Service are your exclusive responsibility and made solely at your expense. Transmitting and receiving real-time updates to and from the Service, requires an online (e.g. Wi-Fi, 3G, 4G) connection between your cellular device and the Internet. The expenses of such connection are as prescribed by the agreement between you and your communication service provider (such as your cellular company), and according to its applicable terms of payment.

Use of Service / End User License

Subject to your full compliance with all Terms and full payment of all fees and charges pursuant to your use of the Service, Company grants you the limited, revocable, personal, non-transferable, and non-exclusive right to access and use the Service, including, without limitation one copy of the Gi Fly™ Bike mobile application, solely for your personal use for law purposes. Company reserves the right, in Company’s sole discretion, to change how it operates the Service at any time for any reason whatsoever. You are solely responsible for your use of the Service. The foregoing grant of right is not a sale of the mobile application and Company retains all right, title, and interest in and to the mobile application, except as otherwise expressly stated herein.You acknowledge that from time to time, Company may upgrade mobile applications, or other parts of the Service, and such upgrades or new revisions may be automatically downloaded and installed on your electronic devices. You expressly consent to such automatic upgrading and agree that these Terms apply to all such upgrades.Company strives to provide accurate descriptions of all goods, products, and services found in or on the Service; however, Company does not warrant the description of all goods, products, and services are complete, error-free, or accurate. Notwithstanding the foregoing, every attempt is made to provide you with complete, error-free, and accurate information. If you believe there are any discrepancies, please contact company at contact@GiFlyBike.com.Company does not endorse, nor offer any opinions, on any Content submitted to the Service by a user or other affiliate. You also understand that by using the Service, you may encounter Content you or the general public may deem offensive, indecent, or objectionable. Company does not review all Content on the Service and is not liable to you for any offensive, indecent, or objectionable Content.Some Content on the Service, or parts of the Service itself, may only be available via purchase and through using the Service, you authorize Company to charge you any applicable purchase fees, including, without limitation, taxes associated therewith, and other charges that may occur through your use of the Service. You shall have the option of selecting a payment method within your Account, and agree Company may store any payment information you supply to Company, including, without limitation, credit card numbers. Such fees and charges will be automatically charged to your Account and are non-refundable. Sometimes, you may pay Company via third party payment services, such as Paypal or Google Wallet, and you agree to abide by any third party terms of service in regards to such third party payment services. You agree to pay all fees and charges to Company in a timely manner. You represent that by purchasing via the Service, that you are over the age of 18 years of age.Company may add, change, discontinue, remove, or suspend Content posted to the Service, or parts of the Service itself, at any time, without notice to you and without any liability. Company reserves the right to refuse, limit, or cancel any purchase placed via the Service. Company may change the price of fees and charges related to the Service or Content at any time and Company provides for no price protection. In the event of a pricing error, Company reserves the right to deny or restrict your access to the Service or Content with no further obligation. Each time you purchase via the Service, you will be deemed to enter into a separate agreement with Company for the applicable Content or Service.Refunds will be extended in Company’s sole discretion. Company may, from time to time, offer promotional credits, free trials, or rebates. All promotional credits, free trials, or rebates extended by Company, or its affiliates, to you are for your own personal use and are non-transferrable.Company may, from time to time, use various technologies to verify your compliance with the Terms and you consent to Company using any monitoring or other analogous technology associated with monitoring your access to the Service.

Submissions and Feedback

Company welcomes submissions and feedback regarding the Service, and you may submit comments to Company regarding the same by sending an email to Company at: contact@GiFlyBike.com. Company requests that such feedback be specific, not illegal, obscene, threatening, defamatory, or invasive of privacy, and that you do not voluntarily submit ideas or suggestions regarding the business of Company (collectively, the “Submissions”). If, despite this request, you do voluntarily submit Submissions to Company, the Submissions will be non-confidential and Company has the right to publish the Submissions publicly. You agree that Company will be deemed the exclusive owner of all Submissions, and in consideration of these Terms and access to the Service, you assign all rights in and to the Submissions that you have to Company, and the Submissions will remain the exclusive property of Company, including, without limitation, exclusively owning any copyrights in and to the Submissions throughout the universe, in perpetuity. Company will be free to use the Submissions for any purpose whatsoever without any liability to you whatsoever.

Digital Millennium Copyright Act (DMCA)

Company is committed to complying with U.S. copyright and related laws, and requires that you comply with these laws. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 ("DMCA") to report alleged infringements. A copyright owner of any Content believed to be infringed should contact Company immediately to report any concerns of infringement by providing notice to Company’s Designated Agent as required by the DMCA, Title 17 U.S.C. § 512. Such notice must be provided by email to Company at the following address, dmca@GiFlyBike.com. Such notice must include, at a minimum:(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;(b) the identification of the copyrighted work claimed to have been infringed;(c) the identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;(d) information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and, if available, an e-mail address;(e) a statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and(f) a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.For clarity, only DMCA notices should go to the Designated Copyright Agent; any other general communications should be directed to Company at: contact@GiFlyBike.com. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.If you believe that your Content was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner or the copyright owner’s agent, or pursuant to the law, to post and use such Content, you may send a DMCA counter-notice to Company’s Designated Copyright Agent containing the following information:(i) your physical or electronic signature;(ii) the identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;(iii) a statement that you have a good-faith belief that the content was removed or disabled as a result of a mistake or a misidentification of the content, and any relevant proof related to the same; and(iv) your name, address, telephone number and e-mail address, a statement that you consent to the jurisdiction of the federal court in Los Angeles County, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.If a counter-notice is received by Company’s Copyright Agent, Company is permitted to and may send a copy of the counter-notice to the original complaining party informing that person or entity that the removed content may be replaced or no longer disabled in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or user in the next 14 business days after receipt of the counter notice, the removed content may be replaced, or access to it restored, in Company’s sole discretion.

Representations and Restrictions:

You accept and agree to abide by all Terms herein and are under no disability, or other restriction, which prevents your ability to enter into, perform in accordance thereof, and comply with all Terms herein. You acknowledge you are at least 13 years of age, and if you are under 13, may not, under any circumstance, create an Account or use the Service. In any case, accounts of users under the age of 13 years will be cancelled and deleted, upon receiving notice.Company does not solicit any Personal Information from children, and no part of the Service is directed to children or younger than 13 years old, unless otherwise explicitly specified on such webpage. If Company learns that Company has collected Personal Information of a child younger 13 years old, Company will take steps to delete such information from Company’s files as soon as possible. If you are a child younger than 13 years old, you should not submit any Personal Information to Company, through any feature of the Service or otherwise. Parents should be aware that there are parental control tools available from other sources on the Internet that you can use to prevent your children from submitting information online without parental permission or from accessing certain material on the Internet.Your use of the Service is at entirely your own risk and the Service is provided for “as is” and “with all faults.” Company shall have no liability to you whatsoever in the event any virus or other harmful component infects, harms, or cause damages to your computer, cell phone, tablet, or other electronic equipment you access or view, the Service with.You agree that your use of the Service, including, without limitation, uploading any Content to the Service, will not violate any law or regulation, including, without limitation, copyright laws, trademark laws, patent laws, trade secret laws, and publicity and privacy laws, or interfere with any third party's use and enjoyment of Service. You warrant and represent that you have all necessary licenses, rights, consents, and permissions to publish Content you submit to the Service or send to Company, and that you will not use or display the Service for any purpose not specifically referenced in the Terms. It is strictly prohibited to post or transmit any unlawful, threatening, or infringing material or impersonate any persons while using the Service. You agree to not upload any obscene Content to the Service. Company shall have no liability to you for any inaccurate, obscene, or defamatory information provided by a user of the Service to Company. Company reserves the right to screen any Content you upload to the Service, but is under no obligation to do so.You represent and warrant that certain sports organizations have rules on amateurism and eligibility that could be implicated through your use of the Service, even if you believe such use is non-commercial in nature. It is your responsibility to determine whether using the Service will affect your eligibility to participate in any sport under any applicable rule of any sports organization, including, without limitation, the NCAA.You acknowledge that some of the Service functions as a venue to connect users and Company is not directly involved in some transactions or communications between you and another user (or third party vendor). You acknowledge that Company has no control over the accuracy or legality of the behavior of any third party and you shall exercise common sense and independent good judgment at all times relating to your dealings with such third parties. If you have any questions, feel free to email Company at contact@GiFlyBike.com.You represent, warrant, and agree that you will not, via the Service or otherwise, cause damage to the Service or impair the availability or accessibility of the Service, in any way which is fraudulent, unlawful, illegal, or harmful, including, without limitation, modifying, adapting, bypassing, or hacking the Service to change, de-crypt, interrupt, destroy, or limit the functionality of Company’s computer software, hardware or telecommunications equipment; upload, post, host, or transmit Submissions, unsolicited emails, “spam” messages, worms, or viruses or any code of a destructive nature; contact any other visitor or user of the Service for any illicit or unlawful purpose, or who has requested not to be contacted; access the Service through unpermitted automated means, including, without limitation, via "robots," "spiders," "offline readers" or any other analogous software or code; or attempt to gain unauthorized access to Company’s servers or computer system or engage in any activity that interferes with the performance of, or impairs the functionality of the Service or any services provided by Company, or its affiliates.You are responsible for all costs associated with accessing or using the Service, including, without limitation, all Internet connectivity or data transmissions fees from your own Internet or cellular service provider, costs of a mobile device, or other equipment, including, without limitation a Gi Fly™ Bike. Likewise, you are responsible for any system software and/or hardware compatibility requirements for use of the Service. Company does not warrant performance of the Service, or its continuing capability, as to any third party software or hardware, nor does Company warrant any performance regarding any third party software or hardware.You understand Content availability and quality will likely change from time to time due to a variety of factors beyond the control of Company, such as the speed of your Internet connection, your location, and Internet bandwidth, and that Company makes no representations or warranties about the quality of the Service in such a regard.You acknowledge that you may not use the Service in any other way not expressly stated herein or approved in an advance writing by Company. Company explicitly reserves all rights related to the Service not specifically contemplated herein.You understand that the Service includes or may promote physical activity or fitness. You expressly acknowledge Company is not providing medical advice via the Service or these Terms. By using the Service, you agree, represent, and warrant that you understand there are inherent risks associated with physical activity and you have received explicit consent from your physician to participate in all health and fitness programs contained within or otherwise related to the Service. If you experience any health side effects while using the service, including, without limitation, becoming dizzy, lightheaded, get a headache, have altered vision, experience confusion, nausea, fatigue, convulsions, loss of awareness, disorientation, seizure, or stroke, please immediately stop using the Service at the first sign of any of the aforementioned, or other symptoms, and contact your physician or other emergency medical personnel. You expressly release Company from any an all liability related to the Service in such a regard.

Disclaimer

Company does not warrant that the use of Service will not infringe the rights of any third party, and assumes no responsibility or liability arising from such use, or for any error, inaccuracy, defamation, omission, obscenity, or danger, contained within the Service and/or via any Content. Company, and its affiliates, are not responsible for and do not guarantee the accuracy or completeness of anything contained on or within the Service, including any Content, links, or advertisements. Company, and its affiliates, reserves the right to immediately change, suspend, remove, or disable the Service or any Content for any reason or for no reason, and Company assumes no responsibility, and shall not be liable in any way for any such change to the Content or other change to the Service. Company cannot and does not review all Content or communications uploaded, made on, or through the Service, but, although not obligated to do so, may review, verify, make changes to or remove any Content or other material made available in connection with the Service with or without notice in its sole discretion. The Service, and all other features or functionalities associated with the Service, are made available “as is” and “with all faults” and you understand that temporary interruptions of disturbances of the Service, including, without limitation, your access to the Service, may occur as normal events. Use of the Service is entirely at your own risk and you should use your best judgment and exercise caution while using the Service and purchasing anything via the Service. Company makes no guarantee that your use of the Service will meet your expectations, and all other features or functionalities associated with the Service, or delivery of any Content will be uninterrupted, interference free, or error free, or be free from any viruses, worms, or other security intrusions. Company, to the fullest extent permissible by applicable law, disclaims all warranties, expressed or implied, written or oral, arising from a course of dealing, performance, usage of trade, or otherwise, including, without limitation, warranties of merchantability, fitness for a particular purpose, and non-infringement. For the avoidance of doubt, Company is acting in reliance on your acceptance of this disclaimer.

Limitation of Liability

To the fullest extent allowable by applicable law, Company, and its affiliates, shall not be liable for any direct, indirect, special, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind whatsoever, including, without limitation, lost revenues or lost profits, which are in any way related to use the Service, Content, or other materials available through, or ancillary to, the Service, regardless of legal theory (including, without limitation, contract, tort, personal injury, property damage, negligence, warranty, or strict liability), whether or not Company, or its affiliates, have been advised of the possibility or probability of such damages, and even if the remedies otherwise available fail of their essential purposes. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. Notwithstanding the foregoing, under no circumstances will the total liability of Company, or its affiliates, in connection with, based upon, or arising from the Service, Content, or other materials found on or within the Service shall exceed the price of one hundred dollars ($100.00) USD. Likewise, if any part of this limitation of liability is found to be invalid or unenforceable for any reason, then the total liability of Company, and its affiliates, shall not exceed one hundred dollars ($100.00) USD. If you are dissatisfied with the Service, or with any of these Terms, or feel Company has breached these Terms, your sole and exclusive remedy is to discontinue using the Service and delete your Account.

Indemnification

You agree to indemnify Company, and its affiliates, members, managers, directors, officers, employees, agents, attorneys, contractors and licensors (“Indemnitees”) against all claims, actions, suits, and other proceedings (“Claims”) arising out of or incurred in connection with your use of the Service and/or Content, your violation of the Terms, or your violation of law (such as the violation of a third party’s copyright rights) and shall indemnify and hold the Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and legal costs) arising out of or incurred in connection with such Claims. This indemnification obligation shall survive these Terms and your use of the Service. Company reserves the right to take over the exclusive defense of Claims for which Company is entitled to indemnification, and in such an event, you shall provide reasonable cooperation to Company.

Force Majeure

You understand and agree that Company is not liable for any failure of performance due to any cause beyond its control, including, without limitation, acts of God, fire, explosion, vandalism, terrorism, weather disturbances, national emergencies, riots, wars, labor difficulties, supplier failures, shortages, breaches, action or request by any government, suspension of existing service in compliance with state or federal law, rule, or regulations.

Additional Terms

Company may require you to agree to additional terms, rules, policies, or other conditions in order to render Services. For example, additional terms may apply to a third party vendor of Company or a new business division of Companyoffering an add-on service. In the event that you agree to additional terms, if a discrepancy arises between the Terms and the additional terms, the terms of the additional terms shall control only with respect to the matters governed by the additional terms.

Entire Agreement

The Terms, which for the avoidance of doubt includes the Privacy Policy, represent the entire understanding between Company and you, superseding all prior agreements (including previous versions of the Terms), whether oral or written, with respect to your use of the Service, Content, and all other subject matter contained herein. The Terms shall be binding upon and inure to the benefit of Company and your respective assigns, successors, heirs, and legal representatives, including, without limitation, any third party that acquires all or part of Company. The Terms cannot be modified or amended, except as expressly provided for herein. The Terms are personal to you and are not assignable, transferable, or sub-licensable by you except with Company’s prior written consent. Company may freely assign the Terms. If any part of the Terms is deemed by a court of law to be void, voidable, illegal, or unenforceable, the remainder of the Terms will remain in full effect as if such void, voidable, illegal, or unenforceable part had not existed. The waiver by either party hereto of a breach of any of the provisions of the Terms by the other party hereto shall not be construed as a waiver by the non-breaching party of any subsequent breach by the breaching party. Headings are inserted for convenience only and are not intended to be part of or to affect the meaning or interpretation of the Terms. All provisions of these Terms which by their nature should survive termination or expiration, shall survive termination or expiration.

Choice of Law

By accessing, viewing, or using the Service, you consent and agree that: (i) the Terms will be exclusively governed by the laws of the State of New York applicable to contracts entered into and performed within the State of New Yorkand notwithstanding any conflict of law principles; (ii) you accept service of process by personal delivery or mail; and (iii) you irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise available. Any dispute related to the Terms shall be exclusively resolved in the state and federal courts located in the Southern District of New York. Any alleged claim or cause of action you may have with respect to your use of the Service must be commenced within one (1) year after the alleged claim or cause of action arises. All rights and remedies are cumulative and shall in no way affect any remedy available to either party under equity or law. You agree that any violation or breach of the Terms by you will result in irreparable harm to Company, that monetary damages will be inadequate, and you hereby agreed Company shall be entitled to seek injunctive relief.

Notice

All legal notices pursuant to the Terms shall be in writing and shall be given by email to Company at: contact@GiFlyBike.com and via mail to Bignay, Inc. 1619 3rd Ave. 14E New York, NY 10128. By using the Service, you agree that any notice due under the Terms that Company sends you electronically will satisfy any legal communication or notification requirement.


Terms of Use Effective Date: August 19, 2015