Last updated July 29th, 2017. Previous versions and the change history is available here.
Welcome to Bike Index, a 501(c)(3) nonprofit. We developed a publicly-accessible bike registration service (the "Service") that gives organizations registered on Bike Index ("Vendors", "you") the ability to quickly and easily register bikes for their "Customers" - patrons of their services - using Vendor "Accounts." We believe that such a service that the Service deters bike theft and helps Customers recover stolen bikes.
By giving bike shop employees and bike advocacy organizations - Vendors - the ability to add bikes to the Service for free, we aim to encourage registration and to fight procrastination of bike registrations. We have additionally developed a Lightspeed integration that allows shops that use Lightspeed as your point of sale to register bikes immediately upon sale. We discuss this in detail later in this document. If you have any questions or concerns, or simply want to better understand how we do things at Bike Index, please do not hesitate to contact us.
With the following brief descriptions of the parts of this "Agreement", we attempt to explain the important parts of our Service. But there are significant details in the whole document that make it worth reading.
We provide you with a service to register the bikes you interact with; we will respect and protect your and your Customers' privacy, data and personal information. You run your business, service your Customers, and observe all laws, rules, and regulations. Complete details
Because Bike Index relies on partnering with bike organizations, we may need to verify your status as a bike organization. You provide us with basic information about your organization and we will seek to verify your information (we may work with third parties to do so) and approve your Vendor Account unless deemed risky (by us or our friends). You give us permission to do all this, and to periodically update the information or we otherwise must decline to offer you the Service. Complete details
We can deactivate your ability to register new bikes or terminate this "Agreement" at any time (especially if you do something bad). You can also terminate anytime. Termination is effective immediately. Termination does not alter your previously registered bikes. This section also includes all the extra legal stuff they make us add (e.g. indemnification, warranties, assignment). Complete details
The Terms and Conditions described here constitute a legal "Agreement" between the sole proprietor or business organization listed as the "Vendor" on the Service registration page (sometimes referred to as "you," "your", "merchant"), and Bike Index, NFP. ("Bike Index").
Our Service helps you quickly and easily register bikes for your Customers, and gives Customers the ability to modify most aspects of their registrations. You will be required to register with Bike Index to use Bike Index Vendor Service (see Becoming a Bike Index Vendor). In addition, we do not assume any liability for bicycles, tricycles or other types of crafts (collectively "Bikes") registered through our Service.
We will provide you with customer service to resolve any issues relating to your Bike Index Account, the registration of bikes through our service, and use of our software.
Bike Index is responsible for protecting the security of Customer data in our possession from unauthorized access and accidental loss or modification. We will maintain commercially reasonable administrative, technical and physical procedures to protect all the personal information regarding you and your Customers that is stored in our servers. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use such personal information for improper purposes. You acknowledge that you provide this personal information regarding you and your Customers at your own risk. We recommend you review our Privacy Policy, which will help you understand how we collect, use and safeguard the information you provide to us.
Your privacy and the protection of your data are very important to us. You acknowledge that you have received, read in full and agree with the terms of our Privacy Policy linked to and incorporated into this Agreement by reference, which contains your consent to our collection, use, retention and disclosure of personal information as well as other matters set forth therein and which explains how and for what purposes we collect, use, retain, disclose and safeguard the information you provide to us.
You represent to Bike Index that you are in compliance with all applicable privacy laws, you have obtained all necessary rights and consents under applicable law to disclose to Bike Index, or allow Bike Index to collect, use, retain and disclose any Customer data that you provide to us or authorize us to collect. You are solely responsible for disclosing to your Customers that accessing our service will require their acceptance of our Terms of Service and Privacy Policy
If you receive information about others, including Bike Index Users, through the use of the Service, you must keep such information confidential and only use it in connection with the Service. You may not disclose or distribute any such information to a third party or use any such information for marketing purposes unless you receive the express consent of the user to do so.
We will never sell, trade, or give out information about your Customers. If Bike Index is acquired by another organization, we will notify all users via the primary e-mail address on file that their information is being transferred and may be subject to a different privacy policy.
Customer data you have collected prior to this partnership but that you want Bike Index to incorporate into the Service will be protected by all of the terms listed in this Agreement.
To register a customer’s bicycle directly from your shop, you must collect the customer’s bike serial number and the customer’s e-mail address. If your shop uses Lightspeed Retail and you use the Bike Index Lightspeed integration, Lightspeed will collect and send to us all information in Lightspeed at the time of the sale. This information could include, but is not limited to, customer phone number, customer address, bike color and bike size. We only collect the information necessary to effectively register the bicycle for your Customer.
We are committed to keeping customer information private. We do not store any of the information transmitted from Lightspeed other than the information needed to create the Bike Index registration. All communication between Lightspeed and our Service is encrypted and covered under our Terms and the applicable terms and agreements set by Lightspeed.
You are required to obey all laws, rules, and regulations applicable to your use of the Service (for example, those governing stolen property, consumer protections, unfair competition, anti-discrimination or false advertising). In addition to any other requirements or restrictions set forth in this Agreement, you agree not to, nor to permit any third party to, do any of the following: (i) access or attempt to access Bike Index systems, programs or data that are not made available for public use; (ii) permit any third party to use and benefit from the Service via a rental, lease, timesharing, service bureau or other arrangement; (iii) transfer any rights granted to you under this Agreement; (iv) work around any of the technical limitations of the Service, use any tool to enable features or functionalities that are otherwise disabled in the Service, or decompile, disassemble or otherwise reverse engineer the Service, except to the extent that such restriction is expressly prohibited by law; (v) perform or attempt to perform any actions that would interfere with the proper working of the Service, prevent access to or use of the Service by our other users, or impose an unreasonable or disproportionately large load on our infrastructure; or (vi) otherwise use the Service except as expressly allowed under this section.
We reserve the right to not authorize or settle any transaction you submit which we believe is in violation of this Agreement, any other Bike Index agreement, or exposes you, other Bike Index users, our processors or Bike Index to harm, including but not limited to fraud and other criminal acts. You are hereby granting us authorization to share information with law enforcement about you, your transactions, or your Bike Index Service Account if we reasonably suspect that your use of Bike Index has been for an unauthorized, illegal, or criminal purpose.
You agree that Bike Index can provide disclosures and notices regarding the Service to you by posting such disclosures and notices on our website, emailing them to the email address listed in your Bike Index account, or mailing them to the address listed in your Bike Index Vendor Account. You also agree that electronic disclosures and notices have the same meaning and effect as if we had provided you with a paper copy. Such disclosures and notices shall be considered to be received by you within 24 hours of the time it is posted to our website or emailed to you unless we receive notice that the email was not delivered.
You agree, from the time that you accept this Agreement with Bike Index until you terminate your account with us, that we may identify you as a Vendor of Bike Index. Neither you nor we will imply any untrue sponsorship, endorsement or affiliation between you and Bike Index. You give us permission to post information on our website regarding your business including but not limited to it's name, location, and phone number.
The Bike Index Vendor Service is only made available under this Agreement to persons that operate a business selling goods or services, or operate cycling related organizations. To use Bike Index to register bikes, you will first have to register for a "Vendor Account." When you register for a Bike Index Vendor Account, we will collect basic information including your name, company name, location, email address, and phone number. If you have not already done so, you will also be required to provide an email address and password for your Bike Index account.
When you register as a Vendor, you must also provide information about an owner or principal of the business or organization and you must be authorized to act on behalf of the business and have the authority to bind the business to this Agreement. To sign up a business to use the Service, you must agree to this Agreement on behalf of the business. If you have so agreed, the term "you" will mean you, the natural person, as well as the business organization that you represent.
We may ask for information to help verify your identity including a driver’s license or other government issued identification, or a business license. We may request your permission to do a physical inspection at your place of business and to examine bicycles that pertain to your compliance with this Agreement. Your failure to comply with any of these requests within five (5) days may result in deactivation or termination of your Bike Index account. You authorize us to retrieve additional information about you from third parties and other identification services.
After we have collected and verified all your information, Bike Index will review your Account and determine if you are eligible to use the Service. Bike Index will notify you once your account has been either approved or deemed ineligible for use of the Service.
By accepting the terms of this Agreement, you are providing us with authorization to retrieve information about you by using third parties, including bike industry wholesalers, distributors, and other information providers. You acknowledge that such information retrieved may include your name, address history, business history, and other data about you. Bike Index may periodically update this information to determine whether you continue to meet our eligibility requirements.
You agree that Bike Index is permitted to contact and share information about you and your application (including whether you are approved or declined), as well as your use of Bike Index with our friends.
By registering for Bike Index Vendor Service, you are confirming that you will not use the Service to register bikes in connection with the following businesses, business activities or business practices: (1) knowingly selling stolen bikes, (2) stealing bikes.
By accepting this Agreement you confirm that you will satisfy these requirements.
The Agreement is effective upon the date you agree to it (by electronically indicating acceptance) and continues so long as you use the Service or until terminated by Bike Index.
You may terminate this Agreement by closing your Bike Index account at any time by following the instructions on our website in your organization’s Vendor Account profile. We may terminate this Agreement and close your Bike Index Vendor Account at any time for any reason effective upon providing you notice in accordance with Section A10(references to our relationships) above. We may suspend your Bike Index account and your access to the Service, or terminate this Agreement, if (i) we determine in our sole discretion that you are ineligible for the Service for reasons, including without limitation customer complaints about your use of the service, or for any other reason; or (ii) you do not comply with any of the provisions of this Agreement.
Upon deactivation of your Bike Index Vendor Account, we will immediately discontinue your ability to add bikes through the Service. You will still be able to access the rest of the service.
Upon termination and closing of your Bike Index Account, we will immediately discontinue your access to the Vendor Service. You agree to stop accepting new registrations through the Service. You will not be refunded the remainder of any fees that you have paid for the Service if your access to or use of the Service is terminated or suspended. Any funds in our custody will be retained by Bike Index.
Upon termination you agree: (i) to immediately cease your use of the Service (ii) to discontinue use of any Bike Index trademarks and to immediately remove any Bike Index references and logos from your business (iii) to continue to be bound by this Agreement (iv) that the license granted under this Agreement shall end, (v) that we reserve the right (but have no obligation) to delete all of your information and account data stored on our servers, and (e) we will not be liable to you for compensation, reimbursement, or damages in connection with your use of the Service, or any termination or suspension of the Service or deletion of your information or account data.
Bike Index grants you a personal, limited, non-exclusive, revocable, non-transferable license, without the right to sublicense, to electronically access and use the Service solely to register, to manage the bicycles records you so create, and to contact stolen bike owners if you encounter their bike. The Service includes our website, any software, programs, documentation, tools, internet-based services, components, and any updates (including software maintenance, service information, help content, bug fixes or maintenance releases) thereto provided to you by Bike Index. You will be entitled to download updates to the Service, subject to any additional terms made known to you at that time, when Bike Index makes these updates available.
We may also periodically make available certain Bike Index logos, trademarks or other identifiers for your use. You are not required to use them and may use them in the way you desire.
The Service is licensed and not sold. We reserve all rights not expressly granted to you in this Agreement. The Service is protected by copyright, trade secret and other intellectual property laws. We own the title, copyright and other worldwide Intellectual Property Rights (as defined below) in the Service and all copies of the Service. This Agreement does not grant you any rights to our trademarks or service marks.
For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Bike Index under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Bike Index does not waive any rights to use similar or related ideas previously known to Bike Index, or developed by its employees, or obtained from sources other than you.
You are responsible for all claims, fines, fees, penalties and other liability arising out of or relating to your breach of this Agreement, and/or your use of the Service. Bike Index will have the final decision-making authority with respect to claims. You will be required to reimburse Bike Index for your liability. You will not receive a refund of any fees paid to Bike Index.
Without limiting the foregoing, you agree to defend, indemnify, and hold harmless Bike Index and its respective employees and agents (collectively "Disclaiming Entities") from and against any claim, suit, demand, loss, liability, damage, action or proceeding arising out of or relating to (i) your breach of any provision of this Agreement, and/or (ii) your use of the Service, including without limitation any reversals, claims, fines, fees, penalties and attorneys’ fees; (iii) your, or your employee’s or agent’s, negligence or willful misconduct; or (iv) third party indemnity obligations we incur as a direct or indirect result of your acts or omissions.
You represent and warrant to us that: (a) you are a natural person at least eighteen (18) years of age or, if you are under eighteen (18) years of age have obtained the consent of your parent or legal guardian to your execution of this Agreement and use of Bike Index Vendor Services in the manner prescribed by Bike Index; (b) you are eligible to register and use the Service and have the right, power, and ability to enter into and perform under this Agreement; (c) the name identified by you when you registered is the business name under which you sell goods and services; (d) any registration submitted by you will represent a bona fide sale by you; (e) you will fulfill all of your obligations to each customer for which you submit a registration and will resolve any Customer dispute or complaint directly with the Customer; (f) you and all registrations initiated by you will comply with all federal, state, and local laws, rules, and regulations applicable to your business, including any applicable tax laws and regulations; (g) you will not use the Service, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the use of the Service.
THE SERVICE AND ALL ACCOMPANYING DOCUMENTATION ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. USE OF THE SERVICE IS AT YOUR OWN RISK.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH THE SERVICE OR FROM (I) BIKE INDEX; OR (II) ANY OF THE RESPECTIVE AFFILIATES, AGENTS, DIRECTORS AND EMPLOYEES OF ANY OF THE ENTITIES LISTED IN (I) ABOVE (COLLECTIVELY, THE "DISCLAIMING ENTITIES" AND INDIVIDUALLY A "DISCLAIMING ENTITY"), WILL CREATE ANY WARRANTY. YOU SPECIFICALLY ACKNOWLEDGE THAT BIKE INDEX CAN NOT ENSURE THAT YOUR CUSTOMERS WILL COMPLETE A REGISTRATION OR ARE AUTHORIZED TO DO SO.
WITHOUT LIMITING THE FOREGOING, THE DISCLAIMING ENTITIES DO NOT WARRANT THAT THE INFORMATION THEY PROVIDE OR THAT IS PROVIDED THROUGH THE SERVICE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT THE SERVICE WILL FUNCTION IN AN UNINTERRUPTED MANNER OR BE SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY SUBJECT MATTER DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. THE DISCLAIMING ENTITIES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT HOW LONG WILL BE NEEDED TO COMPLETE THE PROCESSING OF A TRANSACTION.
THE DISCLAIMING ENTITIES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND BIKE INDEX WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
IN NO EVENT SHALL A DISCLAIMING ENTITY (AS DEFINED IN SECTION 7 ABOVE) BE LIABLE FOR ANY LOST PROFITS, LOSS OF DATA, OR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THIS AGREEMENT OR THE SERVICES, INCLUDING WITHOUT LIMITATION THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICE. UNDER NO CIRCUMSTANCES WILL ANY OF THE DISCLAIMING ENTITIES (AS DEFINED IN SECTION 12 ABOVE) BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR BIKE INDEX ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
THE DISCLAIMING ENTITIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR (A) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; (B) ANY UNAUTHORIZED ACCESS TO OR USE OF SERVERS USED IN CONNECTION WITH THE SERVICES AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (C) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (D) ANY SOFTWARE BUGS, VIRUSES, TROJAN HORSES, OR OTHER HARMFUL CODE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE; (E) ANY ERRORS, INACCURACIES OR OMISSIONS IN ANY CONTENT OR INFORMATION, FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR INFORMATION, IN EACH CASE POSTED, EMAILED, STORED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (F) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
WITHOUT LIMITING THE FOREGOING PROVISIONS OF THIS SECTION 10, THE DISCLAIMING ENTITIES’ CUMULATIVE LIABILITY TO YOU SHALL BE LIMITED TO DIRECT DAMAGES AND IN ALL EVENTS SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES PAID BY YOU TO BIKE INDEX DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.
THIS LIMITATION OF LIABILITY SECTION APPLIES REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, INCLUDING WITHOUT LIMITATION CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER BASIS. THE LIMITATIONS APPLY EVEN IF BIKE INDEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
THE PROVISIONS OF THIS SECTION 10 SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Service is controlled and operated from its facilities in the United States. Bike Index makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States, foreign and local laws and regulations, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
Any controversy or claim arising out of or relating to these Terms of Service, or any breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
The terms of these Terms of Service for Vendors shall be interpreted and enforced according to the laws of the State of Illinois. All parties consent to the personal jurisdiction and venue of any court located in Cook County, Illinois, and each waives any objections based on improper jurisdiction, on venue, on the inconvenience of the judicial forum, or on any other grounds.