With the Services, Pioneer may offer you the following services:

• Connection to third party services such as social media (e.g. Facebook, Twitter), Strava, TrainingPeaks, Today’s Plan and Ride With GPS;
• value added services based on anonymized user data;
• clearly displaying your riding data for easy analysis.

These Services are for the time being offered free of charge. However, Pioneer reserves the right to make the use of the Services subject to payment in the future.

The use of the Services is subject to the following conditions and restrictions:

1. You must be an eligible user. The Services and Application are not intended for children under the age of 16. Your use of the Services or registering for an account will be deemed to be a representation (a statement by you) that you are at least 16 years old. If we learn that we have collected personal information from a child under age 16, we will delete that information as quickly as we can.
2. You must follow all laws. You must comply with all of the terms and conditions of this Agreement, any policies referred to below, and all applicable laws, regulations and rules when you use the Services.

3. Use the Services responsibly. The Services allow you to access Pioneer and third-party applications and/or services in a variety of settings. You agree to use the Services in:

   1. a manner consistent with all applicable laws, rules and regulations, this Agreement and related requirements and guidelines for the Application and the Services, and
   2. a reasonable and appropriate manner considering all the circumstances associated with that use.

   You agree not to use the Services or your Account (defined below):

   3. for any illegal, non-personal or unauthorized purpose,
   4. in a manner that could damage or cause risk to Pioneer’s business, reputation, employees, customers, facilities, or to any third party, or
   5. in a manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party.

   Pioneer is not in any way responsible for any such use by you or for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using the Services. In all cases, Pioneer may limit or revoke your use, for any reason and at any time.

   YOU AGREE NOT TO USE ANY VISUAL COMPONENT OF THE SERVICES WHILE CYCLING WHERE DOING SO WOULD BE ILLEGAL OR DANGEROUS. DOING OTHERWISE COULD LEAD TO SERIOUS INJURY OR DEATH TO YOU AND OTHERS.

4. Third party materials.

   1. Pioneer may make third party websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services (collectively, “Third Party Materials”) available through the Services. Pioneer is not responsible for any such Third-Party Materials. You acknowledge and agree that Pioneer does not have or maintain any control over Third Party Materials and is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Materials.
   2. Third Party Materials may have their own terms of use and/or privacy policy, and may have different practices and requirements to those operated by Pioneer with respect to the Services. You are responsible for reviewing any terms of use, privacy policy or other terms governing your use of these Third-Party Materials, which you use at your own exclusive responsibility and risk. By using the Third-Party Materials, you agree to comply with the use terms of the provider of such Third-Party Materials.
   3. Pioneer does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any Third-Party Materials or for any other materials, products, or services of third parties. By using the Third-Party Materials, you agree to comply with the use terms of the provider of such Third-Party Materials.

5. Your rights and restrictions.

   1. Right to use the Services. Subject to the terms and conditions of this Agreement, you are hereby granted a limited, revocable, non-exclusive right to use the Services for your personal and non-commercial use consistent with their intended purposes.

   2. Restrictions. You may not, directly or indirectly:

      • use, copy, modify, distribute copies of, display or transmit any portion of the Services;
      • disassemble, reverse engineer, emulate, decompile, tamper with, create derivative works from or otherwise attempt to discover the source code of the software or the technology used to provide the Services or attempt to reduce the same to human-readable form;
      • bypass, modify, defeat, tamper with or circumvent any of the security features of the Services, or
      • share access to the Services, whether through a network, resale or other means
   3. Reservation of Rights. Other than the limited license granted to you in this Section, you have no other right, title or interest in or to the Services. Any rights not expressly granted to you are fully reserved by us and/or our Suppliers (defined in Section 10 below), as applicable, and no such rights are conferred by estoppel, operation of law, implication or otherwise.
6. Software. The Application and any other software that is made available to download from or use within the Services (collectively, the “Software”), is the copyrighted work of Pioneer and/or the manufacturers, authors, developers or licensors of such Software. Use of the Software is governed by the terms of the End User License Agreement that accompanies or is included with the Software.

1. Registration. If you choose to create an account to access the Services (your “Account”), you will be required to provide us with certain contact information, in particular, username and valid email address. Users younger than 16 are not permitted to create Accounts. A user over the age of 16 but less than 18 years old may create Accounts with the permission of his or her parent or legal guardian who is over the age of 18.

2. Consent to Communications from Pioneer and Others. Areas of the Services may request that you provide Pioneer with your email address. By providing Pioneer your email address, you consent to Pioneer using the email address to send you Services-related notices, such as any notices required by law, in lieu of communication by postal mail. Receipt of Services-related emails is essential to and a condition of using the Services.

   If you checked the box stating, “I’d like to receive news and information from Pioneer” or similar text upon creation of your Account, we may also use your email address to send you other commercial messages, including changes to features of the Services or news related to Pioneer. If you do not want to receive such email messages, you may opt out at any time. Opting out may prevent you from receiving email messages regarding improvements or new services.

   Under no circumstances should you respond to a request for any passwords or other personally identifiable information, particularly a request from an individual claiming to be an employee of Pioneer. Please notify Pioneer immediately if you receive such a request.

   You also agree that Pioneer may store and use (or allow third parties to store and use consistent with the Privacy Policy) the registration information you provide for use in maintaining your Account.

3. Passwords. You will be prompted for a valid username and password whenever you want to access certain aspects of the site or your Account (except for social media log in). We recommend that you change your password often, with an interval of no more than 90 days between password changes. You are solely responsible for maintaining the confidentiality and security of your username and password, and you will remain responsible for all use of your username and password, and all activity emanating from your Account, whether or not such activity was authorized by you. If your username or password is lost or stolen, or if you believe that your Account has been accessed by unauthorized third party, you must notify Pioneer immediately and change your password immediately.
4. Updates. You agree to update your Account with any changes to information you provided to us. You understand that it is important to keep the email address associated with your account current because although you may be able to log into your Account using an old email address, you will not receive messages from Pioneer about your orders and other inquiries.

1. Privacy Policy. Upon creation of your Account, you were asked to agree to the terms of the Pioneer Cycle Sports Privacy Policy, which is incorporated by reference into this Agreement and forms an integral part of the Agreement.

2. Security. Pioneer chooses service providers who have access to user information that Pioneer believes provide sufficient guarantees in respect of security. Pioneer secures your personal information through data processing agreements with third parties providing services to Pioneer. Although Pioneer makes every effort to protect your personal information and privacy, Pioneer is unable to guarantee the absolute security of the information. We have implemented commercially reasonable measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will be unable to defeat those measures or use your personal information for improper purposes.

   Taking into account all the above, however, you acknowledge that you provide your personal information at your own risk.

You may not use the Services in any way that:

1. involves, directly or indirectly, the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming” or otherwise uses the communication systems provided by the Services for any commercial solicitation purposes;
2. permits unauthorized access to restricted or password only access pages or hidden page or images (those not linked to or from another accessible page);
3. solicits or collects, manually or through an automatic process, passwords or personal identifying information about Users or other information related to the Services for commercial or unlawful purposes;
4. involves unauthorized commercial activities such as contests, sweepstakes, barter, advertising, or pyramid schemes;
5. circumvents or modifies, or attempts to circumvent or modify, or encourages or assists any other person in circumventing or modifying any security technology or software that is part of the Services;
6. involves the use of viruses, bots, worms, Trojan horses, spiders, offline readers, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information, or any other methods or technology to interrupt, destroy or limit the functionality of the Services, or any computer software or hardware;
7. covers or obscures or otherwise interferes with any advertising;
8. interferes with, disrupts, or creates an undue burden on the networks or services connected to the Services;
9. impersonates or attempts to impersonate another user, person or entity; misrepresents your affiliation with a person or entity, including (without limitation) Pioneer, uses the account, username, or password of another user at any time or discloses your password to any third party or permits any third party to access your Account;
10. sells, lends or otherwise transfers your Account;
11. uses any information obtained from the Services in order to harass, abuse, “cyber bully” or harm another person or entity, or attempt to do the same;
12. infringes or otherwise makes unauthorized use of any intellectual property in any manner not expressly authorized by the owner of such intellectual property, including but not limited to unauthorized use of or access to Third Party Materials;
13. creates a risk of any other loss or damage to any person or property;
14. may constitute or contribute to a crime or tort; or
15. assists or encourages any third party in engaging in any activity prohibited by this Agreement.

1. Copyright. All materials that are part of the Services, including without limitation, the logos, design, text, graphics, data, audio clips, video clips and/or any other original files or materials and the selection, arrangement and organization thereof are owned by Pioneer, its licensors or other entities. Unauthorized use of such materials is strictly prohibited. Pioneer content, © 2018 Pioneer Corporation and its affiliates and licensors.
2. Trademarks / Trade names. Pioneer, the Services, and related trademarks, logos and designs are trademarks of Pioneer Corporation. All page headers, custom graphics, button icons and scripts are trademarks, trade names or trade dress of Pioneer or its licensors. All other trademarks, trade names and the like that appear in the Services are the property of their respective owners. You may not use any of the Pioneer or third-party trademarks, trade dress, or trade names, or any confusingly similar marks, dress or names, including without limitation as a part of any link, without express permission. For example, you may not use any such marks as links from other web sites, or as machine-readable search terms, unless you have our express permission by separate agreement. Notwithstanding, you may “share” links by using the third-party sharing widgets we may provide.
3. Your Ideas. You may choose to or we may invite you to submit comments, testimonials, feedback, suggestions, ideas, and other submissions about the Services, including without limitation about how to improve the Services (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Pioneer under any fiduciary or other obligation, that we are free to disclose the Ideas on a non-confidential basis to anyone or otherwise use and exploit the Ideas without any additional compensation or credit to you. You acknowledge that, by acceptance of your submission, Pioneer does not waive any rights to use similar or related ideas previously known to Pioneer, or developed by its employees, or obtained from sources other than you. Such disclosure, submission or offer of any Ideas will, and hereby does, constitute a perpetual, royalty-free, worldwide, irrevocable license to us of all right, title and interest in all patent, copyright, trademark, and all other intellectual property and other rights whatsoever in and to the Ideas and an irrevocable waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality, and any other legal theory. You should not submit any Ideas to us if you do not wish to license such rights to us. We are and will be under no obligation: (i) to maintain any Ideas in confidence; (ii) to pay to you or any third party any compensation for any Ideas; or (iii) to respond to any Ideas. You are and will remain solely responsible for the content of any Ideas you make.

The Services will allow you to connect to and share Account data and performance summaries with third-party services, content, and sites such as Strava, Training Peaks, Today’s Plan, Twitter, Facebook and Ride With GPS (collectively, “Third-Party Services”) that is not owned or controlled by Pioneer. Such connections to and sharing with Third-Party Services have been provided for your convenience only. Pioneer and its Suppliers (defined in Section 10 below) do not endorse, sponsor, approve, or have control over any such Third-Party Services, including its quality, privacy policies or practices. If you access Third-Party Services through the Services, you do so at your own risk, and you understand that this Agreement and Pioneer’s Privacy Policy do not apply to the Third-Party Services’ use of Account data and performance summaries or to content accessed from the Third-Party Services. For more information on linking your Account with Third-Party Services, please see the Pioneer Cycle Sports Privacy Policy. YOU UNDERSTAND THAT PIONEER DOES NOT PROVIDE, SELL, LICENSE, OR LEASE ANY PRODUCTS OR SERVICES OTHER THAN PRODUCTS AND SERVICES SPECIFICALLY IDENTIFIED AS BEING PROVIDED BY PIONEER. YOU EXPRESSLY RELEASE PIONEER AND ITS SUPPLIERS FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY SERVICES. ADDITIONALLY, YOUR DEALINGS WITH OR PARTICIPATION IN PROMOTIONS OF ADVERTISERS FOUND ON SUCH THIRD-PARTY SERVICES (IF APPLICABLE), INCLUDING PAYMENT AND DELIVERY OF GOODS, AND ANY OTHER TERMS (SUCH AS WARRANTIES) ARE SOLELY BETWEEN YOU AND SUCH ADVERTISERS. YOU AGREE THAT PIONEER AND ITS SUPPLIERS WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT RELATING TO YOUR DEALINGS WITH SUCH ADVERTISERS. We encourage you to read the terms and conditions and privacy policy of any Third-Party Services that you visit.

You represent and warrant to Pioneer that:

1. you have the full power and authority to enter into and perform your obligations under this Agreement;
2. your assent to and performance of your obligations under this Agreement does not constitute a breach of or conflict with any other agreement or arrangement by which you are bound, or any applicable laws, regulations or rules;
3. this Agreement constitutes legal, valid and binding obligations on you, enforceable in accordance with its terms and conditions;
4. you will not infringe the patent, copyright, trademark, trade secret, right of publicity or other intellectual property or proprietary right of Pioneer and/or any third party in your use of the Services; and
5. you will comply with all applicable laws, rules and regulations in your use of the Services, including this Agreement.

You agree to defend, indemnify, and hold Pioneer and its employees, representatives, Suppliers (as defined in Section 10 below), agents, attorneys, affiliates, directors, officers, and members (“Indemnified Parties”) harmless from any damage, loss, cost or expense (including without limitation, attorneys’ fees and costs, as allowed by laws applicable to you) incurred in connection with any third party claim, demand or action (“Claim”) brought or asserted against any of the Indemnified Parties:

1. alleging facts or circumstances that would constitute a breach of any provision of this Agreement by you, including violations of law or allegations of violation of privacy, publicity intellectual property rights related to content you submit,
2. arising from, related to, or connected with your misuse or unauthorized of the Services, or use for purposes other than the express purpose for which Pioneer provided the Services,
3. any other party’s access and use of the Services with your unique username, password or other appropriate security code (if such codes are required to access Services in the future).

If you are obligated to provide indemnification pursuant to this provision, Pioneer may, in its sole and absolute discretion, control the disposition of any Claim at your sole cost and expense. Without limiting the foregoing, you may not settle, compromise or in any other manner dispose of any Claim without the consent of Pioneer.

Our suppliers and licensors, their respective suppliers and licensors, and any white-label customers, OEM licensees, and other business “partners,” (collectively, “Suppliers”) are intended third-party beneficiaries of this Agreement. The Suppliers may enforce the provisions of this Agreement against you and the disclaimers, release, exclusions, limitations, and other provisions of this Agreement will inure to the benefit of such Suppliers.

Pioneer will not be liable for failing to perform under this Agreement by the occurrence of any event beyond its reasonable control, including, without limitation, a labor disturbance, an Internet outage or interruption of service, a communications outage, failure by a service provider to Pioneer to perform, fire, terrorism, natural disaster or war.

1. Governing Law. If You are a resident of any EU member state, this Agreement is governed by and will be construed in accordance with Belgian law. If you are a resident of the United States, this Agreement is governed by and will be construed in accordance with the laws of the State of California, U.S.A. If you are a resident of Canada, this Agreement is governed by and will be construed in accordance with the laws of the Province of Ontario and the federal laws of Canada. If you are resident of any territory outside the EU, United States, or Canada, this Agreement is governed by and will be construed in accordance with the laws of Japan.

2. Informal Resolution. If you have any dispute with us or any related third party, arising out of, relating to, or connected with this Agreement, you agree to provide us with a brief, written description of the dispute and your contact information by contacting us here: https://pioneer.jp/en/product_support/contact and giving us 30 days within which to resolve the dispute to your satisfaction. If we do not resolve the dispute through good faith negotiations under this informal process, you may pursue the dispute in accordance with the arbitration agreement below.

   1. Arbitration Agreement. If you are a resident of any EU member state: The Parties can choose to finally settle all claims that are not resolved by the Informal Resolution procedure, arising out of, relating to, or connected with this Agreement (including its formation, interpretation, applicability, enforceability, performance and breach) or the Services by binding arbitration. If parties agree to settle claims by arbitration, such arbitration shall be conducted under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with those rules. The arbitration shall be held in Brussels in the English language. The arbitrator will not have the power to conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
   2. If you are a resident of the United States: Any claims by us, or claims by you that are not resolved by the Informal Resolution procedure, arising out of, relating to, or connected with this Agreement must be asserted individually in binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes. This agreement and each of its parts evidence a transaction involving interstate commerce, and the Federal Arbitration Act (9 USC §1, et. seq.) will apply in all cases and govern the interpretation and enforcement of the arbitration rules and arbitration proceedings. The arbitrator will not have the power to conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
   3. If you are a resident of Canada: Any claims by us, or claims by you that are not resolved by the Informal Resolution procedure, arising out of, relating to, or connected with this Agreement shall be finally settled by arbitration in one of three regional venues (Vancouver, BC, Toronto, ON, or Quebec, QC), in accordance with the Rules of Arbitration of the International Chamber of Commerce, by one or more arbitrators appointed according to those Rules. The award of arbitration shall be final and binding upon both parties and shall have the reasoning therein.
   4. If you are a resident of Japan or of another country outside of Europe, the United States or Canada: Any claims by us, or claims by you that are not resolved by the Informal Resolution procedure, arising out of, relating to, or connected with this Agreement shall be finally settled by arbitration in Tokyo, Japan, in accordance with the ADR Rules of the International Chamber of Commerce. The award of arbitration shall be final and binding upon both parties and shall have the reasoning therein.

3. Exceptions. There are only two exceptions to this arbitration agreement.

   1. First, if we reasonably believe that you have in any manner violated or threatened to infringe the intellectual property rights associated with the Services or any services offered, we may seek injunctive or other appropriate relief in any court of competent jurisdiction.
   2. Second, if you are a resident of the United States, any dispute arising from, related to, or connected with this Agreement may, at the option of the claiming party, be resolved in small claims court in Los Angeles County, California, provided that all claims by all parties in the dispute fall within the jurisdiction of the small claims court. If you are a resident of any EU member state, in case you do not agree to settle claims through arbitration, Belgian courts shall have exclusive jurisdiction to settle all claims arising out of or relating to this Agreement (including its formation, performance and breach) and the Services. For residents of Canada, if the arbitration provision is not enforceable, the parties submit to the exclusive jurisdiction of the courts located in the city of Toronto, unless otherwise prohibited by law.

Pioneer may, in its sole discretion, change, modify, suspend, make improvements to or discontinue any aspect of the Services, temporarily or permanently, at any time without notice to you, and Pioneer will not be liable for doing so. Additionally, Pioneer may delegate the provision of certain aspects of the Services to its affiliates and consultants. The Services could include inaccuracies or typographical errors. If you do not object within one month against the changes made, you are deemed to agree to those changes. If you do not agree with any changes made to Services, you may terminate this Agreement (and your Account) by contacting Pioneer: https://pioneer.jp/en/product_support/contact. You understand and acknowledge that termination of your Account will render any Software non-functional and you shall no longer use the Services associated with the Account.

This Agreement commences upon your acceptance (as described in the preamble) and is concluded for an indefinite term. Pioneer may terminate this Agreement at any time by giving you a one month written notice. You may terminate this Agreement at any time upon written notice to Pioneer. Pioneer may terminate this Agreement, and therefore your right to use the Services, without any prior notice, without any prior judicial intervention, and with immediate effect if you fail to comply with any provision of this Agreement. If this Agreement is terminated, you shall immediately cease all use of the Services. Sections 8, 9 and 12 will survive the termination of this Agreement.

Except as otherwise specifically provided in this Agreement, all notices required by or permitted to be given under this Agreement will be in writing and delivered to the other party by any of the following methods: (i) hand delivery, or (ii) certified mail, return receipt requested, postage prepaid, or (iii) electronic delivery. If you give notice to Pioneer, you may use the link described in Section 18, “Contact Us,” or one of the following addresses:

In the U.S. and Canada:
Pioneer Electronics (USA) Inc.
Legal Department
2050 W. 190th Street, Suite 100
Torrance, CA 90504 U.S.A.

In the European Union:
Pioneer Europe NV
Legal Department
Haven 1087 - Keetberglaan 1
9120 Melsele, Belgium

Pioneer Corporation
Legal Department
28-8, Honkomagome 2-Chome
Bunkyo-Ku, Tokyo
113-0021, Japan

If Pioneer provides notice to you, Pioneer must use the contact information provided by you to Pioneer. All notices will be deemed received as follows: (i) if by hand-delivery, on the date of delivery, (ii) if delivery by mail on the date of receipt appearing on a return receipt card, or (iii) if by electronic mail, 24 hours after the message was sent, if no “system error” or other notice of non-delivery is generated. Each party agrees that any notice that it receives from the other party electronically satisfies any legal requirement that such communications be in writing.

The Software may be subject to United States export control laws, which state that certain software cannot be downloaded from the Services to certain countries or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By downloading or using any Software made available through the Services, you represent and warrant that you are not located in, under the control of, or a national, or resident of any such country or on any such list. You also agree that you will not use the Software for any purposes prohibited by Japanese, United States, or European Union law or the laws of the jurisdiction(s) in which the App was lawfully obtained, including without limitation the development, design, manufacture, or production of missiles or nuclear, chemical or biological weapons.

This Agreement together with the Application End User License Agreement and Pioneer Cycle Sports Privacy Policy contain the entire understanding of you and Pioneer regarding the use of the Services, and supersedes all prior and contemporaneous agreements and understandings between you and Pioneer regarding its subject matter. This Agreement will be binding upon each party hereto and its successors and permitted assigns. This Agreement and all of your rights and obligations under them (including, without limitation, your membership, if any) will not be assignable or transferable by you without the prior written consent of Pioneer. No failure or delay by a party in exercising any right, power or privilege under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this Agreement. “Including” means “including without limitation.” You and Pioneer are independent contractors, and no agency, partnership, joint venture, employee-employer relationship is intended or created by this Agreement. The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision of this Agreement, all of which will remain in full force and effect. In the event of nullity, invalidity or unenforceability of one or more provisions of this Agreement, the Parties shall replace that provision with a valid and enforceable provision with an economic effect as close as possible to the deficient provision.

If you have any questions or complaints about these Terms of Service or your Account, you may contact us here: https://pioneer.jp/en/product_support/contact or by postal mail at one of the addresses in Section 15.