Legal Terms & Conditions

SERVICE AGREEMENT
TERMS AND CONDITIONS

1 TERMS OF THIS AGREEMENT

(a) After acceptance by you and FULL-RIDE Information Network, Inc. ("FULL-RIDE"), this Agreement shall become effective on the date that your on-line, Full-Ride service is activated and shall remain in full force and effect until terminated as provided for herein. Service will take the form of a subscription; you select the form of service from the Full-Ride registration page. You shall indicate your acceptance of the terms and conditions contained herein by clicking the acceptance button on the registration page. FULL-RIDE shall indicate its acceptance of the terms and conditions contained herein by activating your account. The Full-Ride on-line service is located at full-ride.net and on the Full-Ride Bulletin Board Service ("BBS"). Any references herein to "on-line" shall be understood to mean such locations.

(b) Either party may terminate this Agreement at any time after 12 months of service upon 10-days prior written notice to the other party or as may otherwise be provided for herein and on-line. Regardless of any termination action hereunder, all payments are non-refundable, except as provide for in Section 3(b). Except for any amount then due and payable to FULL-RIDE and the destruction of all data acquired hereunder (and any reports derived there from) then in your custody and/or control, the terminating party shall have no other liability to the other party as a result of any termination hereunder.

(c) Notwithstanding the provisions of Paragraph (b) above, FULL-RIDE may, at its option, terminate this Agreement without prior notice if you are in material breach of this Agreement, including, without limitation, a violation of any clause of Section 6 below. A termination under this Paragraph (c) shall not effect any other rights or remedies available to FULL-RIDE, at law or in equity.

(d) Upon termination of this Agreement, for any reason, you shall no longer have access to your account created hereunder.

(e) This Agreement may be modified by FULL-RIDE upon notice to you. If FULL-RIDE sends you notice, via e-mail, posting on-line, or otherwise, of a modification, your continued use of the Full-Ride services will constitute your acceptance of any such modification. No such notice will be given less than 30 days prior to its effective date.

2 CHARGES AND PAYMENT

(a) You agree to pay all fees and charges for your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is incurred, this would include, but not be limited to, monthly fees, overages, credit card processing fees or any other accrued cost associated with credit card charges. You agree to pay FULL-RIDE in accordance with the payment option selected by you. You agree to pay all costs (including reasonable attorney's fees and disbursements) incurred by FULL-RIDE in collecting overdue fees from you, and to pay a late charge on any overdue fees at a rate equal to the lesser of 1.5% per month or the maximum rate allowed under applicable law. You shall bear the sole responsibility for the payment of any taxes imposed on your use of the Full-Ride service by the national and/or local jurisdictions of and within the country of your use.

(b) You may pay for your account by automatic credit card payments or by check or money order. If you choose check or money order, you must contact the FULL-RIDE sales department in the United States at (716) 308-2454 to establish an account. If you select automatic credit card payments you hereby authorize FULL-RIDE to use the credit card information furnished by you hereunder for the purpose of fulfilling your payment obligations under the terms of this Agreement. You warrant to FULL-RIDE that (i) the credit card information provided to FULL-RIDE hereunder is valid in all material respects and lawfully authorized for use, and (ii) such card belongs to you or has been authorized for use by you by the valid cardholder. You are responsible to keep your credit card information current with FULL-RIDE.

(c) Payment for a subscription account is due in advance. Payment for an account requires a credit card or, if you have elected to pay by check or money order, you must remit to FULL-RIDE a minimum of $191.40 to be placed on account. Absent a notice as provided for under the provisions of Subsection 1(b) above, this Agreement will automatically renew under the existing terms and conditions set forth in this Agreement and for the Full-Ride service options you have chosen, and your credit card will be billed accordingly, or, if you have elected to pay by check or money order, you must send payment to FULL-RIDE in advance or lose your account privileges.

(d) Except as may be provided for in Section 3(b) below, all payments made hereunder are non-refundable. The pricing schedule may be obtained when you register for Full-Ride the first time and on the home page for each Full-Ride product, or by contacting the FULL-RIDE sales department in the United States at (716) 308-2454


3 IMPROVEMENTS, MODIFICATIONS OR DISCONTINUANCE

(a) In order to improve the quality of the Full-Ride on-line service; FULL-RIDE reserves the right to change its protocols of operation, customer identification procedures and system programming languages as well as other enhancements to the Full-Ride on-line service. Whenever possible, no such action will be taken without having given you written notice 30 days prior to the effective date thereof.

(b) FULL-RIDE reserves the right at any time and from time to time to modify or discontinue the Full-Ride on-line service (or any part thereof) with or without notice. You agree that FULL-RIDE shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Full-Ride on-line service. Notwithstanding anything contained herein to the contrary, a termination under this clause will result in a prorated payment obligation for the month of termination, if applicable.

4 NO WARRANTY

FULL-RIDE MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AS TO ANY MATTER WHATSOEVER INCLUDING BUT NOT LIMITED TO THE ACCURACY OF ANY INFORMATION, DATA, PRODUCT, PROGRAM, SOFTWARE, OR SERVICE FURNISHED HEREUNDER. YOU UTILIZE THE FULL-RIDE ON-LINE SERVICE ON AN "AS IS" BASIS.

5 LIMITATION OF LIABILITY

(a) Except as provided for in Section 6 below, neither party shall be liable for any special, indirect, or consequential damages, including without limitation, loss of anticipated profits or other economic loss in connection with or arising out of the availability, the existence, the furnishing, the functioning, or the use of any products, information or services provided for in this Agreement.

(b) You understand that with multiple processing of complex data, and with reliance upon information acquired from multiple sources, errors and omissions can and do occur despite reasonable efforts to avoid them, and FULL-RIDE expressly disclaims any responsibility or liability for any loss or any special, indirect or consequential damages resulting to you or any third party from errors or omissions in the Full-Ride on-line service (including, but not limited to errors or omissions in the data supplied there under). FULL-RIDE shall not be liable for any loss or damage, delay in performance or nonperformance caused by equipment malfunction or breakdown, information unavailability, strikes or other labor disputes, or riots, fire, insurrection, war, failure of carriers, the elements, accidents, acts of God, or any other causes beyond FULL-RIDE' control whether or not similar to the foregoing.


6 CUSTOMER'S RESPONSIBILITIES, WARRANTIES, ACKNOWLEDGEMENTS AND INDEMNIFICATION

(a) FULL-RIDE shall provide you with the ability to select a unique user I.D. and password if you use the Full-Ride on-line service through the World Wide Web. FULL-RIDE will provide you with a unique user I.D. and password if you use the Full-Ride on-line service through BBS. You shall maintain your user I.D. and password in strict confidence. You shall be solely responsible for the maintenance of the confidentiality of your user I.D. and password. Sharing of a user I.D. and Password is a violation of this Agreement.

(b) You agree to immediately notify FULL-RIDE if you become aware of any loss or theft or unauthorized use of your user I.D. or password. Only the authorized person agreeing to the terms and conditions of this Agreement may use the user I.D. and password assigned or selected hereunder

(c) You understand and agree that all information acquired hereunder is for your own private, personal use only. You agree that you will not share, transfer sublicense, create derivate works, or otherwise distribute or transfer or provide access to information acquired hereunder to any third party without having first obtained the written permission of FULL-RIDE. These restrictions shall survive any termination of this Agreement.

(d) You acknowledge that FULL-RIDE is not responsible for notifying you of any upgrades, fixes or enhancements to any software or for any compromise or loss of data transmitted across computer networks or telecommunications facilities, including, but not limited to, the Internet.

(e) The security of any data inputted by you may be maintained through the use of data encryption, data security protocols, passwords and other methods which FULL-RIDE may employ, or which FULL-RIDE may suggest or require that you employ. You agree that FULL-RIDE has no responsibility for the deletion or failure to store any data transmitted by you or anyone else.

(f) FULL-RIDE shall not be obligated to delete or return data inputted by you upon termination of this Agreement.

(g) You acknowledge and agree that the Full-Ride on-line service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Full-Ride on-line service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Full-Ride on-line service, in whole or in part. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Full-Ride on-line service, use of the Full-Ride on-line service, or access to the Full-Ride on-line service.

(h) You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with the use of the Full-Ride on-line service. In addition, and without limitation, you agree not to use the Full-Ride on-line service to: (i) use information from the Full-Ride on-line service in connection with sending unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (ii) harvest, collect, gather or assemble information or data regarding other users, including email addresses, without their consent; (iii) transmit through the Full-Ride on-line service unlawful, harassing, libelous, abusive, tortuous, defamatory, threatening, harmful, invasive or another's privacy, vulgar, obscene or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; (iv) interfere with or disrupt servers or networks connected to the Full-Ride on-line service or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Full-Ride on-line service, other accounts, computer systems or networks connected to the Full-Ride on-line service, through password mining or any other means; or (vi) harass or interfere with another user's use and enjoyment of the Full-Ride on-line service.

7 PROPRIETARY DATA

All the Full-Ride on-line service systems, programs, records, statistics, data, documentation, and any other like-kind material utilized or developed by FULL-RIDE in connection with the Full-Ride on-line service, shall be and remains the sole property of FULL-RIDE (save for Customer-inputted data). All rights, title to, and interest in, including copyrights and renewals thereof, all systems, programming, records, statistics, data, documentation, operators' manuals, components, and accessories comprising the system furnishing the services hereunder and provided by FULL-RIDE shall remain the property of FULL-RIDE or its licensor at all times (save for Customer-inputted data).

8 MISCELLANEOUS

(a) FULL-RIDE will provide technical support, by telephone, free of charge for as long as your account is maintained.

(b) If you purchase any software and/or equipment from FULL-RIDE to enable you to access the Full-Ride on-line service, FULL-RIDE is under no obligation to re-purchase such equipment from you upon termination of this Agreement.

(c) Any assignment of this Agreement by you without the prior written consent of FULL-RIDE shall be null and void. FULL-RIDE may assign this Agreement to an affiliate having the capacity and expertise to provide the services required by this Agreement, upon prior written notice to you.

(d) No waiver of any breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or other provisions of this Agreement, and no waiver shall be effective unless made in writing.

(e) This Agreement represents the entire agreement between the parties hereto and supersedes all prior representations or understandings whether written or oral. This Agreement may not be amended, altered, or modified except by a writing signed by the parties hereto or as otherwise provided for herein.

(f) This Agreement shall be binding upon the parties, their successors, legal representatives, and permitted assigns.

(g) THE LAWS OF THE STATE OF NEW YORK, USA, APPLICABLE TO AGREEMENTS EXECUTED AND PERFORMED WHOLLY WITHIN NEW YORK, SHALL GOVERN THE VALIDITY, INTERPRETATION AND ENFORCEMENT OF THIS AGREEMENT. IT IS EXPRESSLY AGREED TO BY AND BETWEEN THE PARTIES HERETO AND ANY OTHER PERSON OR PERSONS SEEKING TO UTILIZE THE SERVICES PROVIDED FOR HEREUNDER, THAT ANY LAWSUIT BROUGHT AGAINST FULL-RIDE SHALL BE COMMENCED AND ADJUDICATED ONLY IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW YORK OR IN NEW YORK STATE COURTS LOCATED IN ERIE COUNTY.

(h) All notices (whether written or otherwise) required or permitted under this Agreement shall be posted on-line or shall be in hard-copy writing and shall be delivered by mail, postage prepaid, properly addressed to the appropriate party.

(i) If any provision of this Agreement or its application is held to be invalid, illegal, or unenforceable in any respect, the validity, legality, or enforceability of any of the other provisions and applications herein shall not in any way be affected or impaired and any provision held to be invalid, illegal or unenforceable shall be replace with an enforceable provision of like intent and effect.