Freiker, Inc., a Colorado non-profit corporation, ( "Freiker," "we," or "us" ) provides the Freiker site at URL: http://www.Freiker.org/ ("Site"). The Site offers access to various Freiker information and services, including without limitation the ability to register a child for participation in the Program, as defined below (collectively, the "Services" ), to our users, whether they be students, parents, educators, or other visitors to the Site under the terms of service and use contained in this document. "You" means the individual person entering this Site on his or her own behalf, or, on behalf of his or her minor child, in which case the person entering this Agreement represents and warrants that he or she has the authority to do so on the minor’s behalf. Any minor child on whose behalf you are accessing the Site, including registering the minor child to be a participant in the Freiker Program, is referred to as a "Child."

These Freiker Terms of Service and Use, along with Freiker’s Privacy Policy, located at http://www.Freiker.org/bp/Privacy_Policy ("Privacy Policy"), set forth the legally binding terms of your access to and use of the Site and the Services ("Terms").

Please read the Terms carefully. You understand and agree that these terms set forth the legally binding terms for your use of the Site and Services and participation in the Program, and the Services and participation in the Program are provided to you exclusively under these Terms. By accessing or using the Site or Services, you agree to comply with and be bound by the Terms. If you do not agree with these Terms, you should leave the Site and discontinue use of the Services immediately. If you wish to register to make use of the Services reserved for participants, such as the Program, you must read these Terms and indicate your acceptance during the registration process, after which time you will become a "Freiker Participant". Note, however, that these Terms apply to your access to and use of the Site and Services regardless of whether you are a Freiker Participant. We reserve the right to terminate your use or access to the Site or Services at any time for any reason, including, without limitation, if we learn that you have provided false or misleading information or have violated the Terms.

1. FREIKER ACCOUNT

Registering. Depending on what Services you desire to receive, and whether or not you want to participate in the Program, you may need to register and become a Freiker Participant. You will find registration instructions on the Freiker Site. Freiker may accept or reject your registration in Freiker’s sole discretion.

Eligibility. By registering as a Freiker Participant, you represent that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) your use or your Child’s use of the Site and Services does not violate any applicable law or regulation; (d) you are at least 18 years old, and (e) if you are registering on behalf of a Child, you have the legal authority to do so on their behalf. Your member profile may be deleted without warning if we have reason to believe that you do not meet eligibility requirements. You may authorize another person, such as a Child to use the Service, in which case both the Child and registering person will be considered to be "you" and a "User" under this Agreement. You acknowledge and agree that you shall be solely liable for all activities with respect to the use of the Service by any other individual who accesses the Service through your account, including without limitation a Child.

Username and Password. When you sign up to become a Freiker Participant, you will also be asked to choose a username and password for your Freiker profile. You are entirely responsible for maintaining the confidentiality of your password and for all use of your Freiker profile. You agree not to use the Freiker profile, username, password, or RFID chip of another Freiker Participant at any time unless authorized by such Freiker Participant. You agree to notify us immediately if you suspect any unauthorized use of your Freiker profile or RFID chip, or access to your password.

Fees. You acknowledge that we reserve the right to charge for the Services and to change the fees from time to time in our discretion, upon notice to you at the then-current e-mail address stored in your Freiker profile.

Term. This Agreement shall remain in full force and effect while you use the Site, Services, or are a Freiker Participant. You may delete your Freiker profile and end your participation in the Program at any time, for any reason, by using our contact form located at http://www.freiker.org/bp/Contact_Us. We may terminate your participation for any reason or no reason, effective upon sending notice to you at the then-current e-mail address in your Freiker profile.

2. SERVICES Freiker will provide you the Services chosen by you on the Site substantially as described in the Terms and on the Freiker Site. The Services are made available for your personal, internal, non-commercial use. You may not reproduce, duplicate, copy, sell, re-sell, distribute, or otherwise exploit the Services, the Site, or our Content (as defined below). You may not frame our Content, or make available, or facilitate distribution of our Content through any means or medium.

3. THE FREIKER PROGRAM

Freiker offers a collection of services and offerings, including an incentive based program which encourages children to ride their bikes or use other non-mechanized forms of transport to school (such as walking or skateboarding) in a lawful and safe manner, which is described in more detail elsewhere on the Site (collectively, the "Program"). To participate in the Program, you must register the Child on the Site to become a Freiker Participant and abide by (and ensure the Child abides by) the terms and conditions contained in these Terms.

It is your responsibility to pick up the Freiker RFID tag that will allow your Child to fully participate in the Program ("Tag") from you Child’s school. You can find more information about obtaining the Tag elsewhere on the Site or by contacting your Child’s school directly.

To participate in the Program, the Child need only ride his or her bike (or take such other non-mechanized transport as may be allowed by your Child’s school) to school, locate the "Freikometer" (the device that reads and records the presence of the Tag), and the Freikometer will log that the Child took a form of non-mechanized transport to school on that day. You acknowledge and agree that the Freikometer will send certain information to Freiker for analysis and use in accordance with these Terms and the Privacy Policy. From time to time and in Freiker’s discretion, Freiker or your Child’s school or sponsors of the program at your Child’s school may provide incentives, including prizes, to children who participate in the Program. Freiker does not guarantee that any particular child, including the Child, will receive a prize. Information about prizes is contained elsewhere on the Site. You, or if you grant the Child permission, the Child, may access the Site and follow the Child’s progress in the Program.

4. YOUR RESPONSIBILITIES

You must not use the Site or Services to, and must prevent any Child from using the Site or Services to: (a) violate any local, state, national or international law; (b) stalk, harass or harm another individual; (c) collect or store personal data about other users; (d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or (e) interfere with or disrupt the Site or Services or servers or networks connected to the Site or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or Services. You must not reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site or Services, use of the Site or Services or access to the Site or Services. Without our prior written consent, you may not (a) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam); (b) use any high volume, automated, or electronic means (including without limitation robots, spiders, scripts or other automatic device) to access the Site or Services or monitor or copy our web pages or the content contained thereon; (c) link or deep-link to the Site for any purpose; or (d) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages. All information that you provide to us will be true, accurate and current.

5. MODIFICATIONS TO TERMS

We may change the Terms including, without limitation, the Privacy Policy, from time to time. We will notify you of any such changes via e-mail. You agree that such amended Terms will be effective 30 days after the notice is sent to you, and your continued access to the Site or use of the Services after that time shall constitute your acceptance of the amended Agreement. If you object to any such changes, your sole and exclusive remedy shall be to terminate your access and use of the Site and Services, and if applicable, terminate your participation in the Program, by using our contact form located at http://www.freiker.org/bp/Contact_Us. In addition, certain areas of the Site or Services may be subject to additional terms of use. By using such areas, or any part thereof, you agree to be bound by the additional terms of use applicable to such areas. In the event that any of the additional terms of use governing such areas conflict with these Terms, these Terms shall control.

6. MODIFICATIONS TO SERVICES

We reserve the right to modify or discontinue the Services or the Program with or without notice to you. We shall not be liable to you or any third party should we exercise our right to modify or discontinue the Services or Program. If you object to any such changes, your sole recourse shall be to cease using the Services or Program. Continued use of the Services or Program following notice of any such changes shall indicate your acknowledgement of such changes and satisfaction with the Services as so modified.

7. PRIVACY

As part of the registration process, you will be asked to provide certain personal information to us. All uses of your personal information will be treated in accordance with our Privacy Policy, located at http://www.Freiker.org/bp/Privacy_Policy, which is hereby incorporated by reference. If you use the Site and/or the Services, or participate in the Program, you are accepting the terms and conditions of our Privacy Policy. If you do not agree to have your information used in any of the ways described in the Privacy Policy, you must discontinue use of the Site and/or the Services.

8. THIRD PARTY CONTENT AND MONITORING

We may publish certain content supplied by users of the Services and by other third parties. Accordingly, we have no editorial control over such content. Any services, offers, or other information or content expressed or made available by third parties, including information provided by other users of the Services, are those of the respective author(s) or distributor(s) of that information and not of us. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the Services by anyone. We have the right, but not the obligation, to monitor and review the content on the Services and your account to determine compliance with these Terms and any other operating rules established by us, to satisfy any law, regulation or authorized government request, or for other purposes. You understand and acknowledge that we do not monitor content for accuracy or reliability.

9. YOUR CONTENT; LICENSE; REPRESENTATION AND WARRANTY; PHOTOGRAPHS

You are solely responsible for any information, comments, feedback, data, materials, photos or other content of any type or description that you or your Child provide or make available to us through or to the Site or Services, ("Your Content"), and we act as a passive conduit for the distribution and publication of Your Content. However, we reserve the right to remove Your Content or suspend or cancel your Service or participation in the Program if we believe Your Content or your use of the Service or Program may create liability for us. You hereby grant to us a worldwide, perpetual, irrevocable and royalty-free license, sublicensable through multiple tiers of sublicensees, to use, reproduce, modify, distribute, display, perform, and create derivative works from Your Content in any media or through any means now known or not currently known. You acknowledge that some of Your Content may be publicly available for other users of the Site or Services to view, such as feedback and comments. You are solely responsible for the content of Your Content.

Without limiting the foregoing, if you believe that your work has been copied and posted on the Freiker Site or Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Freiker Site or Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Freiker’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, Freiker, 2701 Iris Avenue, Suite S, Boulder, Colorado 80304 or by using our contact form located at http://www.freiker.org/bp/Contact_Us.

Freiker may take, or may engage third parties to take, photographs or video of Freiker Participants, including without limitation the Child associated with you, while they participate in the Program or attend Program-related events. On behalf of yourself and the Child, you hereby irrevocably grant to Freiker and its licensees and assigns the right to use throughout the universe all or any part of your or the Child’s name, likeness, photograph, voice and signature, and any associated copyrights or moral rights, on Freiker’s website and in all other Freiker promotional or other materials (the "Works") in any medium currently existing or hereafter existing.

You hereby release, on behalf of yourself and the Child (to the extent allowed by applicable law) any and all claims that you or the Child may have whatsoever in connection with the Works, including without limitation claims at law or in equity, known or unknown, suspected or unsuspected, arising out of or related to such uses, specifically including any rights under California Civil Code Section 3344 – "Use of Another's Name, Voice, Signature, Photograph, or Likeness in Advertising or Soliciting Without Prior Consent". You hereby waive any right that that you or the Child may have to inspect or approve any Works or any collateral materials that may be distributed by Freiker in connection with any Works.

10. INTELLECTUAL PROPERTY

As between you, any Child, and Freiker, you acknowledge that Freiker owns all right, title and interest in and to the Services, including without limitation, the Freiker Site, the Freikometer, the Tags and all underlying software and technology, including without limitation all Intellectual Property Rights. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.

11. RELEASE

You hereby release us, our officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from (i) any interactions with other Freiker users, or (ii) your participation in any offline events or activities arising from or related to your participation in the Program.

12. LINKS

Our provision of a link to any other site or location is for your convenience and does not signify our endorsement of such other site or location or its contents. We have no control over, do not review, and cannot be responsible for, these outside Web sites or their content. WE WILL NOT BE LIABLE FOR ANY INFORMATION, SOFTWARE, OR LINKS FOUND AT ANY OTHER WEBSITE, INTERNET LOCATION, OR SOURCE OF INFORMATION, OR FOR YOUR USE OF SUCH INFORMATION.

13. TERMINATION

You agree that we, in our sole discretion, may terminate your Freiker participation or other use of the Services or participation in the Program effective upon your delivery to you of notice (including by email), and remove and discard Your Content from the Site, for any reason and without prior notice, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms. FURTHER, YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICES. You may discontinue your participation in and access to the Services at any time.

14. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT USE OF THE SERVICES AND PARTICIPATION IN THE PROGRAM BY YOU OR YOUR CHILD IS AT YOUR AND YOUR CHILD’S SOLE RISK. THE SERVICES AND THE PROGRAM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FREIKER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICES, THE SITE AND THE PROGRAM. FREIKER MAKES NO WARRANTY THAT THE SERVICES OR PROGRAM WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES OR PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES FREIKER MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR PROGRAM, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, EFFORT AND RESULTS TO BE OBTAINED THROUGH THE USE OF THE SITE OR THE SERVICES, OR PARTICIPATION IN THE PROGRAM IS WITH YOU AND YOUR CHILD. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FREIKER OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. You expressly acknowledge that there are certain security, confidentiality, and privacy risks inherent in the Service and Freiker does not make any assurances or warranties relating to such risks.

15. LIMITATION OF LIABILITY

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL FREIKER OR ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THE SERVICES, OR YOUR OR YOUR CHILD’S PARTICIPATION IN THE PROGRAM REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE, THE SERVICES OR THE PROGRAM, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE, SERVICES OR PROGRAM. The aggregate liability of Freiker to you for all claims arising from or related to the Site or the Services, or your or your Child’s participation in the Program, is limited to one hundred dollars ($100).

16. EXCLUSIONS AND LIMITATIONS; RELEASE

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.

YOU ACKNOWLEDGE AND AGREE THAT RIDING A BICYCLE CAN BE A DANGEROUS ACTIVITY THAT INCLUDES AN INHERENT RISK OF PHYSICAL INJURY, INCLUDING DEATH, AND THAT YOU AND YOUR CHILD SHOULD FOLLOW ALL APPLICABLE TRAFFIC LAWS WHEN RIDING HIS OR HER BIKE OR TAKING OTHER FORMS OF NON-MECHANIZED TRANSPORT AT ALL TIMES. YOU ACKNOWLEDGE AND AGREE THAT FREIKER IS NOT RESPONSIBLE (A) FOR TEACHING THE CHILD TRAFFIC AND BICYCLE SAFETY, AND (B) FOR THE CHILD’S SAFETY WHILE RIDING HIS/HER BIKE OR TAKING OTHER FORMS OF NON-MECHANIZED TRANSPORT, TO SCHOOL, REGARDLESS OF WHETHER THE CHILD IS PARTICIPATING IN THE PROGRAM.

YOU ASSUME ALL RISK OF DAMAGE, HARM, LOSS, OR LIABILITY TO YOURSELF OR THE CHILD ARISING FROM OR RELATED TO PARTICIPATION IN THE PROGRAM. YOU KNOWINGLY, INTENTIONALLY, VOLUNTARILY, UNCONDITIONALLY AND FOREVER, ON BEHALF OF YOURSELF AND THE CHILD: (A) DISCHARGE AND RELEASE FREIKER, ITS OFFICERS, PRINCIPALS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, ATTORNEYS, SUCCESSORS, AFFILIATES, AND ASSIGNS, FROM AND AGAINST ALL LIABILITIES, DAMAGES, COSTS, EXPENSES, HARM, OR OTHER RESPONSIBILITY ARISING OUT OF OR RELATED TO, AND (B) IRREVOCABLY WAIVE, IN EACH OF THE FOREGOING CASES, ANY AND ALL MANNER OF CLAIMS, DEMANDS, ACTIONS OR CAUSES OF ACTION OF WHATEVER TYPE OR NATURE, WHETHER AT LAW OR IN EQUITY (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), WHETHER KNOW OR UNKNOWN, WHICH YOU HAVE HAD, NOW HAVE, OR CAN, SHALL OR MAY HAVE AGAINST FREIKER, ARISING OUT OF OR IN ANY WAY RELATED TO THE CHILD’S RIDING OF HIS OR HER BIKE OR TAKING OTHER FORMS OF NONMECHANIZED TRAVEL TO OR FROM SCHOOL OR PARTICIPATION IN THE PROGRAM, FROM THE BEGINNING OF TIME UNTIL THE END OF TIME, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.

If you are a California resident, you hereby waive California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

17. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Freiker, its parents, subsidiaries, affiliates, officers, directors, co-branders and other partners (including third-party partners to whom Freiker may provide Your Content ( "Third Parties" )), employees, consultants and agents, from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that Freiker or Third Parties may incur as a result of or arising from (1) Your Content and any information you (or anyone accessing the Services using your password) submit, post or transmit through the Services, (2) you (or anyone accessing the Services using your password) violating these Terms or applicable law, (3) you (or anyone accessing the Services using your password) violating of any rights of any other person or entity or (4) any viruses, trojan horses, worms, time bombs, cancelbots, spyware or other similar harmful or deleterious programming routines input by you (or anyone accessing the Services using your password) into the Services.

18. TRADEMARKS

Certain of the names, logos, and other materials displayed in the Services constitute trademarks, tradenames, service marks or logos ( "Marks") of us or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.

19. COPYRIGHTS; RESTRICTIONS ON USE

The content made available to you through the Services other than Your Content ("Our Content" ), including without limitation, text, databases, software, code, music, sound, photos, and graphics, is (1) copyrighted by Freiker and/or its licensors under United States and international copyright laws, (2) subject to other intellectual property and proprietary rights and laws, and (3) owned by Freiker or its licensors. Our Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, publicly performed, publicly displayed, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors, with the sole exception that one copy may be downloaded onto a single computer for your personal, noncommercial use. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Content.

20. MISCELLANEOUS

The Terms constitute the entire and exclusive and final statement of the agreement between you and us with respect to the subject matter hereof, and govern your use of the Services and participation in the Program, superseding any prior agreements or negotiations between you and us with respect to the subject matter hereof. The Terms and the relationship between you and Freiker shall be governed by the laws of the State of Colorado, without giving effect to any choice of laws or principles that would require the application of the laws of a different country or state. Any legal action, suit or proceeding arising out of or relating to the Terms, or your use of, the Services or participation in the Program, must be instituted exclusively in the federal or state courts located in Colorado and in no other jurisdiction. You further consent to personal jurisdiction and venue in, and agree to service of process issued or authorized by, any such court. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect. This Agreement cannot be transferred or assigned by you without Freiker’s prior written consent. The terms of this Agreement can only be modified as set forth in Section 5 or upon Freiker’s written agreement.

21. SURVIVAL

The terms of Sections 4 through 20 as well as any other limitations on liability explicitly set forth herein shall survive the expiration or earlier termination of the Terms for any reason. Our (and our licensors') proprietary rights (including any and all intellectual property rights) in and to Our Content and the Services shall survive the expiration or earlier termination of the Terms for any reason.

22. VIOLATIONS

Please report any violations of the Terms by using our contact form located at http://www.freiker.org/bp/Contact_Us.