By accessing and using this website (the “Site”), you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions of Use between Semi-Pro Cycling and you, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law. This Site is controlled and operated by Semi-Pro Limited (“Semi-Pro Cycling”) registered within Hong Kong. Semi-Pro Cycling makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where its contents are illegal, is prohibited. Those who choose to access this site from locations outside Hong Kong are responsible for compliance with all applicable laws.

2. IP Ownership / Use license

The material provided on this Site is protected by law, including without limitation, Hong Kong Copyright law. The copyright in all material provided on this Site is held by Semi-Pro Cycling. Except as expressly permitted by Semi-Pro Cycling, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of Semi-Pro Cycling or the copyright owner. Permission is granted to you to download and use the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials.

You may not:
Modify or copy the materials
Use the materials for any commercial purpose, or for any public display (commercial or non-commercial)
Attempt to decompile or reverse engineer any software contained on Semi-Pro Cycling’s website
Remove any copyright or other proprietary notations from the materials
Transfer the materials to another person or “mirror” the materials on any other server

This permission shall automatically terminate if you violate any of these restrictions and may be terminated by Semi-Pro Cycling at any time. Upon termination of your permission, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Semi-Pro Cycling reserves the right to terminate your account at any time for any reason. The materials on this Site are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in the applicable laws and regulations. Use of the Site by the Government constitutes acknowledgment of Semi-Pro Cycling’s proprietary rights in them.

3. Disclaimer

THE MATERIALS ON SEMI-PRO CYCLING’S WEBSITE ARE PROVIDED “AS IS”. SEMI-PRO CYCLING MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, SEMI-PRO CYCLING DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON ITS INTERNET WEBSITE OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITES LINKED TO THIS SITE.

4. Limitations

IN NO EVENT SHALL SEMI-PRO CYCLING OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, DAMAGES FOR LOSS OF DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION,) ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIALS ON SEMI-PRO CYCLING’S INTERNET SITE, EVEN IF SEMI-PRO CYCLING OR A SEMI-PRO CYCLING AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THESE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF SEMI-PRO CYCLING UNDER THIS AGREEMENT EXCEED FIFTY DOLLARS ($50), REGARDLESS OF THE CAUSE OF ACTION, IN TORT, CONTRACT, OR OTHERWISE.

5. Revisions and data errata

The materials appearing on Semi-Pro Cycling’s web site could include technical, typographical, or photographic errors. Semi-Pro Cycling does not warrant that any of the materials on its web site are accurate, complete, or current. Semi-Pro Cycling may make changes to the materials contained on its web site at any time without notice. Semi-Pro Cycling does not, however, make any commitment to update the materials.

6. Links

Semi-Pro Cycling has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Semi-Pro Cycling of the site. Use of any such linked website is at the user’s own risk.

7. Site terms of use modifications

Semi-Pro Cycling may revise these terms of use for the Site at any time without notice. By using the Site you are agreeing to be bound by the current version of these Terms and Conditions of Use.

8. Governing law

Any claim relating to Semi-Pro Cycling’s website shall be governed by the laws of Hong Kong without regard to its conflict of law provisions.

9. Feedback

Any material, information, or idea you transmit to or post on this Site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by Semi-Pro Cycling or its affiliates for any purpose whatsoever, including developing, manufacturing, and marketing products. Notwithstanding the foregoing, all personally identifiable information provided to Semi-Pro Cycling will be handled in accordance with Semi-Pro Cycling’s privacy policy. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.

10. Fees, refunds and No-Risk Guarantee

You agree to pay the fees, in such amount and for such billing frequency as specified during registration, in full prior to any obligation of Semi-Pro Cycling to perform under this Agreement. You further agree that, upon registering for the services through the Site, you authorize Semi-Pro Cycling to charge your method of payment (e.g. credit card, Paypal) for the fee on each anniversary of your registration date, based upon your billing frequency (e.g. monthly, quarterly, annually). Payment of the fees shall be in such amounts and at such times as set forth by Semi-Pro Cycling through information provided to you and as authorized through the sign-up and registration process. Your account and access to the services provided via the Site may be suspended in the event of non-payment of applicable fees. You represent and warrant to Semi-Pro Cycling that such payment information is accurate and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You may cancel your subscription with Semi-Pro Cycling at any time. Upon cancellation, you will continue to have access to the Semi-Pro Cycling services and your training plan through the end of your paid billing term. Access to your account’s training plan requires an active subscription. Cancelled accounts will not have access to their files once their billing term has ended. Semi-Pro Cycling may change its fees from time to time by posting the changes on the Site with 5 days’ prior notice, but with no advance notice required for temporary promotions or reductions in fees. You may request a refund within the first 14 days of a purchase of any new Semi-Pro and Pro coaching subscription plan. You may request a refund within the first 21 days of a purchase of any new Pro+ coaching subscription plan. Charges and refunds are dependent on the exchange rate between the US Dollar and your currency for the day. Beyond the 14 and 21 day windows for Semi-Pro, Pro and Pro+ respectively, there are no refunds for the Start-up fee under any circumstance, including unused time on a plan. Promotions, upgrades, and adjustments to existing plans are non-refundable. You, the client are responsible to use Semi-Pro Cycling after payment.

11. Don’t abuse Semi-Pro Cycling

Semi-Pro Cycling is designed for the reasonable use of a single individual. We are not meant to replace a full-time team coach– so use your common sense! If we find that you are not in alignment with our model, sharing accounts/logins, violate our core values, or are abusing our services or team in any way, including using our services for illegal reasons we reserve the right to cancel your account. Your right to use the Semi-Pro Cycling services shall terminate upon your breach of any term of this Agreement.

12. Coaching hold policy

If you aren't able to ride or train for an extended period of time, we will be glad to place your account on hold for up to 60 days, subject to the following terms and conditions:

We encourage you to communicate with your coach before notifying Semi-Pro Cycling of your intent to place your account on hold, simply out of courtesy and to discuss possible solutions and resources with your coach. If you need to place your account on hold, please do so by email to coaching@semiprocycling.com at least 30 days in advance. We will confirm your hold status by email as quickly as we can, and no later than two business days of our receipt of your request. If you don't receive a confirmation email, we may have missed you; please contact us to ensure we received your notice and/or to resend it if necessary. Your 30 days of notice will begin on the date you contact us to request the hold, and the 60-day hold period will begin at the end of those 30 days (the last date of your active coaching). If you don't need or wish to continue coaching through the 30-day notice, your payment for the following 30 days (or whatever portion of it you won't be given a training plan) can be credited to your account and applied to your first 30 days of coaching when you reactivate your account. In this case, your 60-day hold period will begin on the last date you receive a workout from your coach. Please note that you are responsible to to pay all fees and charges accrued up to and including your effective hold date. Any balance remaining outstanding is your responsibility, and by signing up for coaching with us you agree to pay your account in full. No additional start-up fee is required if you reactivate your account within the 60-day hold period. Each of our athletes is allowed one on-hold period during any given 12-month period of active membership (or 12 months of consecutive enrolment following the first full year of enrolment).

13. Release of liability

In consideration of being allowed to participate in any way in the Semi-Pro Cycling program, its related events and activities, I, the undersigned/acceptor, acknowledge, appreciate, and agree that:

The risk of injury from the activities involved in this program is significant, including the potential for permanent paralysis and death, and while particular skills, equipment, and personal discipline may reduce this risk, the risk of serious injury does exist; I knowingly and freely assume all such risks, both known and unknown, even if arising from the negligence of the releases or others, and assume full responsibility for my participation; I willingly agree to comply with the stated and customary terms and conditions for participation. If, however, I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the Company immediately; I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, hereby release, indemnify, and hold harmless Semi-Pro Cycling , its officers, officials, agents and/or employees, contractual labor other participants, sponsoring agencies, sponsors, advertisers, and, if applicable, owners and lessors of premises used for the activity ("Releases"), with respect to any and all injury, disability, death, or loss or damage to person or property associated with my presence or participation, whether arising from the negligence of the releases or otherwise, to the fullest extent permitted by law. I agree that this Release of Liability shall be governed by and construed in accordance with the laws of Hong Kong. All disputes and matters whatsoever concerning or otherwise arising under, in connection with or incident to this Agreement shall be litigated, if at all, in and before a Court located in Hong Kong, to the exclusion of the courts of any other state or country.

14. Confidentiality

We uphold confidentiality in all communication regarding you and business. We will only communicate to those who have been authorized on your account and will not share any information provided with anyone outside our organization, subject to our Privacy Policy.

18. Digital Millennium Copyright Act (DMCA)

In the event materials are made available to this Site by third parties not within our control, we are under no obligation to, and do not, scan such content for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Site. If you believe any materials on the Site infringe a copyright, you should provide us with written notice that at a minimum contains:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All DMCA notices should be sent to our designated agent as follows:

Damian Ruse
Semi-Pro Limited
Suite 1104
70 Queen’s Rd
Central
Hong Kong

It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.