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(Last Updated August 9, 2023)

Beeline Connect, Inc. (“Beeline” or “we”) is pleased to be of service to you. Beeline provides a software platform and web site (the “Website”) through which the Beeline Retailer independent network of bike shops (collectively “Beeline Retailers”) can provide services and sales to you. Please review the following terms that govern the sales or services (including, but not limited to repair services) provided by Beeline Retailers (“Services”) and also the use of the Beeline Connect Website. When you use our products and services through the Website you are agreeing to our terms, so please carefully review this document before using the Website. Beeline’s Website and Services are intended only for users located in the United States and Canada. If you are located outside of the United States or Canada, including specifically but without limitation within the European Union, please immediately exit and do not use or access this Website or use any Services. BY CLICKING ON THE “I AGREE” BUTTON OR ACCESSING OR USING THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT CLICK ON THE “I AGREE” BUTTON AND DO NOT ACCESS THIS WEBSITE OR USE ANY SERVICES. By clicking on “I agree” (or by using the Website), you represent and warrant that you are of legal age to form a binding contract with Beeline. If you do not meet these requirements, you are prohibited from using Services or access or use the Website.

1. You have read and agree to the Release and Waiver terms.
2. All information we collect from you whether through the Website, a registration process or otherwise, is subject to our Privacy Policy. You consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
3. All information and materials presented on or through the Website or otherwise are made available solely for general information purposes. Beeline does not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on this information is strictly at your own risk. Beeline disclaims all liability and responsibility arising from any reliance placed on such information by you or by anyone who may obtain access to all or any portion of the information. This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Beeline, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Beeline. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
4. If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
5. Beeline owns all right, title and interest in and to the Beeline name and logo and all related names, logos, product and service names, designs and slogans and other trademarks. Beeline reserves all rights, title and interest in and to the Services, names, logos, designs and marks. You are prohibited from using such marks without the prior written permission of Beeline. All other names, logos, product and service names, designs and slogans on this Website, including without limitation, the trademarks of Beeline Retailers, are the trademarks of their respective owners.
6. The Website and its entire contents, data, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Beeline, its affiliates, licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms of Service permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
   
   1. Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
   2. You may store files that are automatically cached by your Web browser for display enhancement purposes.
   3. You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
7. If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by the end user license agreement for such applications. You are prohibited from doing any of the following:
   1. Modify copies of any materials from this Website.
   2. Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
   3. Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Website.
8. You are prohibited from accessing or using for any commercial purposes any part of the Website or any Services or materials available through the Website.
9. You understand that Beeline makes no verbal or written warranties, whether express or implied, regarding the Website. BEELINE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE WEBSITE AND ANY CONTENT ON THE WEBSITE OR PROVIDED OTHERWISE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER BEELINE NOR ANY PERSON ASSOCIATED WITH BEELINE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE OR ANY CONTENT ON THE WEBSITE OR PROVIDED OTHERWISE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
10. EXCEPT TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY, BEELINE SHALL NOT BE LIABLE FOR ANY LOSS (EVEN IF SUCH LOSS ARISES AS A DIRECT OR IMMEDIATE CONSEQUENCE OF THE EVENT THAT GENERATED THE DAMAGES), NOR FOR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER UNDER THESE TERMS OR OTHERWISE, EVEN IF BEELINE HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. EXCEPT TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY, THE MAXIMUM LIABILITY OF BEELINE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, WHETHER SUCH LIABILITY ARISES FROM A CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR ANY OTHER LEGAL THEORY, SHALL NOT UNDER ANY CIRCUMSTANCE EXCEED THE GREATER OF (A) $1000 OR (B) THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCT OR SERVICE GIVING RISE TO THE LIABILITY.
11. These terms will be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of laws of any jurisdiction other than those of the State of California. Any legal claim, suit, action or proceeding arising out of these terms or the matters contemplated hereunder or the breach thereof, whether sounding in contract, tort or otherwise, shall likewise be governed by the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule and shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in the City of Palo Alto and Santa Clara County, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding and waives any objection based on improper venue or forum non conveniens. The United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to these terms. These terms constitute the sole and entire agreement between you and Beeline with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. These terms may only be amended, modified or supplemented by an agreement in writing by non-preprinted agreements clearly understood by both parties to be an amendment or waiver and signed by each party hereto. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in these terms, no failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these terms shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. If any provision of these terms shall be adjudged by any court of competent jurisdiction to be illegal, unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these terms shall otherwise remain in full force and effect and enforceable, but shall not affect any other term or provision of these terms or invalidate or render unenforceable such term or provision in any other jurisdiction.
12. Beeline may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Beeline Connect Services or Website following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check the Beeline Terms of Service from time to time so you are aware of any changes, as they are binding on you.
13. We may suspend or terminate the Services (or any portion thereof) at any time without notice, including if we believe that any activity or use of Services in connection with your account violates this Agreement, the intellectual property rights of a third party or applicable laws, or is otherwise disruptive or harmful to Beeline or any third party, or that we are required to do so by law.

I HAVE READ THE ABOVE STATEMENTS AND UNDERSTAND THAT MY ACCEPTANCE REPRESENTS AGREEMENT TO ALL OF THESE TERMS AND CONDITIONS.

These terms were last updated on August 9, 2023.

(Last Updated August 9, 2023)

This privacy policy (“Policy”) describes how Beeline Connect, Inc. (“Beeline” or “We”) collects, uses and shares personal information of users of the Beeline website (the “Website”) or any individual requesting Beeline’ and Beeline Retailer’s repairs or other services.

Please note that in order to use our Services and Software, you acknowledge that Beeline will transfer your personal information across national borders and to other countries where Beeline and its partners operate, including the United States. The privacy protections and rights of authorities to access your information in these countries may not be equivalent to those in your country. We will only transfer your personal information to these countries where permitted to do so by law and we will take steps intended to ensure that your personal information continues to receive appropriate protections.

WHAT WE COLLECT

We get information about you in a variety of ways:

• Information You Give Us. We may collect your name, address(es) or service location, phone number, email address, company and title (for corporate contacts), bicycle information (type, images, user entered comments regarding desired service), appointments and sales history, credit card information, account password, demographic information (such as your gender and occupation) and other information you directly give us on or through our Website (including the registration process) during service phone calls or emails or through our computer or mobile software applications, and/or on paper forms.
• Information We Get from Others. We may get information about you from other sources. We may add this to information we get from the Website.
• Information Automatically Collected. We may automatically log information about you and your computer. For example, when visiting our Site, we may log your computer operating system type, browser type, browser language, the website you visited before browsing to our Website, pages you viewed, how long you spent on a page, access times, Internet protocol (IP) address, and information about your use of and actions on our Website.
• Cookies. We may log information using “cookies.” Cookies are small data files stored on your hard drive by a website. Cookies help us make our Site and your visit better. We use cookies to see which parts of our Website people use and like and to count visits to our Website.
• Web Beacons. We may log information using digital images called “Web Beacons” on our Website or in our emails. We use Web beacons to manage cookies, count visits, and to learn what marketing works and what does not. We also use Web Beacons to tell if you open or act on our emails.

USE OF PERSONAL INFORMATION

We may use your personal information as follows:

• To operate, maintain, and improve the services we provide to you (this includes but is not limited to providing bicycle services and repairs).
• To respond to comments and/or questions and provide customer service.
• To send information including confirmations, invoices, technical notices, updates, alerts, and support and administrative messages.
• To market to you based upon criteria such as location, appointment and sales history and bicycle information.
• In order to detect trends and to customize, measure and improve the content, layout and operation of our Website or to otherwise understand the nature of our business.
• To provide and deliver products and services as requested.
• To process and deliver contest entries and rewards.
• To prevent potentially prohibited or illegal activities.

SHARING OF PERSONAL INFORMATION

We may share personal information as follows:

• We may share personal information with your consent. For example, you may let us share personal information with others for their own marketing uses. Those uses will be subject to their privacy policies.
• We may also share your personal data with third parties, but only in an aggregated and/or anonymized format.
• We may share personal information when we do a business deal, or negotiate a business deal, involving the sale or transfer of all or a part of our business or assets. These deals can include any merger, financing, acquisition, or bankruptcy transaction or proceeding.
• We may share personal information for legal, protection, and safety purposes.
  • We may share information to comply with laws.
  • We may share information to respond to lawful requests and legal processes.
  • We may share information to protect the rights and property of Beeline Connect, our agents, customers, and others. This includes enforcing our agreements, policies and other terms.
  • We may share information in an emergency. This includes protecting the safety of our employees and agents, our customers, or any person.
• We may share information with those who need it to do work for us (such as consultants and independent contractors).

INFORMATION CHOICES AND CHANGES

Our marketing emails tell you how to “opt-out.” If you opt out, we may still send you non-marketing emails. Non-marketing emails include emails about your accounts and our business dealings with you.

You may send requests about personal information to our “Contact Information” below. You can request to change contact choices, opt-out of our sharing with others, and update your personal information.

You can typically remove and reject cookies from our Website with your browser settings. Many browsers are set to accept cookies until you change your settings. If you remove or reject our cookies, it could affect how our Website works for you.

SECURITY OF YOUR PERSONAL INFORMATION

We take steps to help protect personal information. No company can fully prevent security risks, however. Mistakes may happen. Bad actors may defeat even the best safeguards.

The safety and security of your personal information also depends on you. Where we have given you (or where you have chosen) a password for access to the Website, you are responsible for keeping this password confidential. We expect you to not share your password with anyone.

YOUR CALIFORNIA PRIVACY RIGHTS

California law permits California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us at: support@beelineconnect.com.

CHANGES TO THIS PRIVACY POLICY

We may change this privacy policy. If we make any changes, we will change the last updated date below. You are responsible for periodically visiting our Website and this Privacy Policy to check for any changes.

This privacy policy was last updated on August 9, 2023.

Beeline Connect, Inc. (Beeline) provides a software platform and web site (the “Web Site”) through which Beeline network of the Beeline Retailer independent network of bike shops (collectively “Beeline Retailers”) may provide services and sales to you (“Services”). Beeline and Beeline Retailers are pleased to be of service to you. Please review the following terms that govern any sales or services performed by Beeline. BY CLICKING ON THE “I AGREE” BUTTON OR ACCESSING OR USING THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT CLICK ON THE “I AGREE” BUTTON AND DO NOT ACCESS THIS WEBSITE OR USE ANY SERVICES.

1. You certify that you are the owner of any bicycle that you have authorized a Beeline Retailer to service or repair.
2. You understand that the service or repairs performed by Beeline Retailers may not be covered by any manufacturer warranties and may void the manufacturer warranties, if any, on your bicycle.
3. You are aware that the sport of cycling involves numerous risks of injury or death. You assume all risks and hazards involved with cycling and assume all personal liability in case of injury. In the event of any damages, accident or loss (including, without limitation, personal injury or death) while operating a bicycle, you hereby expressly waive any and all claims against Beeline, its affiliates and the Beeline Retailers and release from any and all legal liability and agree not to sue or make a claim against, and to indemnify, defend and hold harmless Beeline, its affiliates and the Beeline Retailers, their owners, directors, officers and employees from any and all claims and causes of action, liabilities, costs or losses for property damage or physical or mental injuries, relating to or in any manner connected with any sales or services performed by Beeline or the Beeline Retailers. You also agree that this release binds your spouse, heirs, legal representatives, and assigns. If your employer or property manager introduced you to Beeline or any Beeline Retailers or if any of the services you receive hereunder have been or will be subsidized or facilitated by your employer or property manager, then, in addition to Beeline and the Beeline Retailers, you release and waive any claims against your employer and property manager in the manner set forth in this Release and Waiver agreement. If a Beeline Retailer is performing service or repair on your bicycle while parked on private or quasi-private property you also release and waive any claims against the owner of the private or quasi-private property, and owner’s affiliates, partners, directors, officers, shareholders, employees and agents.
4. You understand that Beeline and the Beeline Retailers make no verbal or written warranties, whether express or implied, regarding the sales, services or any repairs performed by Beeline Retailers. BEELINE AND THE BEELINE RETAILERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SUBJECT TO AND EXCEPT AS EXPRESSLY PROVIDED IN ANY MANUFACTURER WARRANTIES, THE SALES AND SERVICES ARE PROVIDED ON AN “AS IS” AND ”AS AVAILABLE“ BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER BEELINE NOR ANY PERSON ASSOCIATED WITH BEELINE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF ANY SALES OR SERVICES PERFORMED BY BEELINE OR THE BEELILNE SERVICE PROVIDERS. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
5. EXCEPT TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY, BEELINE AND THE BEELINE RETAILERS SHALL NOT BE LIABLE FOR ANY LOSS (EVEN IF SUCH LOSS ARISES AS A DIRECT OR IMMEDIATE CONSEQUENCE OF THE EVENT THAT GENERATED THE DAMAGES), NOR FOR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER UNDER THESE TERMS OR OTHERWISE, EVEN IF BEELINE OR ANY BEELINE RETAILER HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. EXCEPT TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY, THE MAXIMUM LIABILITY OF BEELINE AND THE BEELINE RETAILER ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, WHETHER SUCH LIABILITY ARISES FROM A CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR ANY OTHER LEGAL THEORY, SHALL NOT UNDER ANY CIRCUMSTANCE EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCT OR SERVICE GIVING RISE TO THE LIABILITY.
6. These terms will be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of laws of any jurisdiction other than those of the State of California. Any legal claim, suit, action or proceeding arising out of these terms or the matters contemplated hereunder or the breach thereof, whether sounding in contract, tort or otherwise, shall likewise be governed by the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule and shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in the City of Palo Alto and Santa Clara County, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding and waives any objection based on improper venue or forum non conveniens. The United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to these terms. These terms constitute the sole and entire agreement between you and Beeline and the Beeline Retailers with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. These terms may only be amended, modified or supplemented by an agreement in writing by non-preprinted agreements clearly understood by both parties to be an amendment or waiver and signed by each party hereto. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in these terms, no failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these terms shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. If any provision of these terms shall be adjudged by any court of competent jurisdiction to be illegal, unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these terms shall otherwise remain in full force and effect and enforceable, but shall not affect any other term or provision of these terms or invalidate or render unenforceable such term or provision in any other jurisdiction.