Terms and Conditions

The guidance on Cuyuna.com is for reference only and should not be interpreted as a standard, specification or regulation. Mountain biking, bicycling, trail hiking/running, swimming, paddle boarding, kayaking, and scuba diving are inherently risky and could result in injury or death.

LIABILITY
Cuyuna.com makes no representations or warranties about the accuracy, reliability, completeness, or timeliness of the content or about the results to be obtained from using this website’s content. Any use of the Cuyuna.com and RideWithGPS.com websites and the content is at your own risk. Changes are periodically made to Cuyuna.com and may be made at any time. Some content on Cuyuna.com may be provided by third parties and Cuyuna.com will not be held responsible for any such Content provided by third parties.

CUYUNA.COM DOES NOT WARRANT THAT THE CUYUNA.COM SITE WILL OPERATE ERROR-FREE OR THAT CUYUNA.COM OR THEIR SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL GOODS. IF YOUR USE OF THE CUYUNA.COM SITES OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR LOSS OF PROFITS OR DATA, CUYUNA.COM WILL NOT BE RESPONSIBLE FOR THOSE COSTS. CUYUNA.COM CONTENT IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND.

DISCLAIMER OF CERTAIN DAMAGES
Your use of Cuyuna.com is at your own risk. If you are dissatisfied with any of the content or other contents of Cuyuna.com or with these Terms and Conditions, your sole remedy is to discontinue use of Cuyuna.com. IN NO EVENT WILL CUYUNA.COM OR ANY THIRD PARTIES MENTIONED ON CUYUNA.COM BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, INCIDENTAL, EXEMPLARY, AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION).

LINKS TO OTHER SITES
Cuyuna.com may contain links to third-party websites that are maintained by others. Any such links are provided solely as a convenience to you and not as an endorsement by Cuyuna.com of the contents on such third-party websites. Cuyuna.com is not responsible for the content of linked third-party sites and does not make any representations or warranties regarding the content or accuracy of materials on such third-party websites or the privacy practices of such third parties. If you decide to access linked, third-party websites, you do so at your own risk.

THIRD-PARTY DIGITAL FILES
On Cuyuna.com you might have an opportunity to download digital files that were developed by third parties. Cuyuna.com is not responsible for and makes no representations or warranties regarding the content or functionality of these third-party digital files or the privacy practices of such third-party developers. If you decide to download and use any of these third-party digital files, then you do so at your own risk.

INDEMNITY
You agree to defend, indemnify, and hold harmless Cuyuna.com, its officers, directors, employees, and agents, from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your breach of these Terms of Use. This indemnification provision does not apply to intentional or reckless acts or gross negligence on the part of Cuyuna.com.

SERVICE UPDATES
Cuyuna.com will update the Services from time to time to rectify defects and improve the Service. While we will provide advanced notice of updates where possible, the timing of the installation of updates will be at the sole discretion of Cuyuna.com.

Our goal is to provide a fault free service although we cannot guarantee this. We will endeavor to conduct all scheduled maintenance during times of minimal usage. However, we may be required to suspend supply of our Services during normal working hours in order to carry out security patches or emergency repairs on our systems.

If we need to perform scheduled maintenance and it is feasible to do so, we will endeavor to notify you prior to any scheduled maintenance being required.

NO WARRANTY
Your use of the Service is at your own risk. The service and any products are provided on an “as is” and “as available” basis.

To the maximum extent permitted by applicable law, the service is provided without warranties of any kind, whether express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

No advice or information, whether oral or written, obtained by you from Cuyuna.com or through the service will create any warranty not expressly stated herein.  Without limiting the foregoing, Cuyuna.com, its subsidiaries, and its licensors do not warrant that the content is accurate, reliable or correct; that the service or products will meet your requirements; that the service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components.  You will be solely responsible for any damage or loss that results from your use of the service or products.

ASSIGNMENT
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Cuyuna.com without restriction.  Any attempted transfer or assignment in violation hereof shall be null and void.

NO WAIVER
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Cuyuna.com’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

COPYRIGHT AND CONTENT OWNERSHIP
You own all your data and nothing in this agreement intends for you to transfer your ownership of your data to us. You grant us a world wide, non-exclusive, royalty free license to use, modify and distribute any text, graphics, files, mapping files, images or multi-media uploaded onto the Service.

The contents of this Service, uploaded by Users is owned by those Users and likely to be protected under their own laws. Unauthorized use of Users content may violate copyright, trademark and other laws. You have no rights to use another user’s content without prior written consent from that user.

Content within this Service produced by Cuyuna.com, including the text, graphics, files, mapping files, images or multi-media is protected under USA and foreign laws. Unauthorized use of Cuyuna.com content may violate copyright, trademark and other laws. You have no rights to use this content except as permitted by this agreement without prior written consent from us.

The Cuyuna.com logo used on this site is the trademark of Cuyuna.com on this site should be construed as granting, by implication, or otherwise, any license or right to use these marks without our prior written permission specific for each such use. All goodwill generated from the use of our mark must be for the benefit of Cuyuna.com.

THIRD PARTY TRADEMARKS
All third-party, partner and supplier company names and logos reproduced on this website which are not the property of, or licensed to, Cuyuna.com are used for identification purposes only and remain the property of, and may be trademarks and copyright to, their respective owners.

PRIVACY
By using the Service, you consent to Cuyuna.com having access to collecting data and using data for the purposes specified in the Privacy Policy.

TERMINATION
We may terminate your participation in the Service at any time, for any reason or no reason, without explanation. We maintain sole discretion to bar your use of the Service in the future, for any reason that we determine or for no reason. This Agreement will remain in effect after your participation in the Service terminates.

SEVERABILITY
Should any provision of this agreement be found to be invalid or contrary to law, then it may be severed from this agreement and the balance of this agreement shall remain in force and effective between the parties.

ENTIRE AGREEMENT
These terms and conditions supersede all prior written and oral understandings between the parties on the subject matter of this agreement and constitute the entire agreement between them relating to the Services covered by this agreement. There are no understandings or representations, express or implied, not expressly set out herein.

APPLICABLE LAW
This Agreement shall be construed in accordance with and governed by the laws applicable in the state of Minnesota (USA).