General Statement on Privacy, Personal Data, and Communications
If you use the Website, you are responsible for maintaining the confidentiality of your account, password, and for restricting access to your computer or device. You agree to accept responsibility for all activities that occur under your account and password. When you visit the Website or communicate with XCYCLE® via email, you are communicating electronically. You consent to receive communications from XCYCLE® electronically. XCYCLE® will communicate with you by email or by posting notifications on the Website. You understand and agree that all agreements, notices, disclosures, and other communications that XCYCLE® provides electronically satisfy any legal requirement that such communications be in writing.
User Provided Information
XCYCLE® does not collect any personal information about individuals – such as names and postal codes, home addresses, and email addresses – except when such information is knowingly provided to XCYCLE®. Personal information might be obtained from online transactions such as class and class package purchases, retail purchases, and/or class registrations. Additionally, personal information may be transmitted as part of a form submission or in connection with other activities or services made available on the Website. Any personal identification information retrieved by XCYCLE® must be voluntarily submitted by the user.
XCYCLE® may use the information provided to contact you with important information, required notices, and marketing promotions. You may always choose to opt-out of any of these notices (other than those required by applicable law, rule or regulation) by selecting to do so at the bottom of each email you receive from us or by emailing us directly.
Automatically Collected Information
The Website collects some anonymous information about users automatically when individuals request pages through a browser. This information is used to keep track of the shopping cart and to help us monitor how individuals use the Website, which allows XCYCLE® to provide an optimal experience and better service throughout the online offerings. The information collected automatically by the server does not contain anything that can identify individuals personally, such as an email or home address.
XCYCLE® makes every effort to ensure that all of the transactions that occur on the Website are secure. All credit card numbers and transactions are encrypted using 128-bit Secure Socket Layer (SSL) encryption. We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve the Website. Please be aware that, although we endeavor to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.
What is a Secure Connection?
When a secure connection is established between your browser and a website, any data that is transferred over the connection will be encrypted to prevent it from being viewed by a third party. SSL encryption makes it very difficult for anyone to intercept or decode messages exchanged over this type of secure connection.
Browsers such as Internet Explorer, Firefox, and Safari display an image of a locked padlock on their status bar when connected to a secure site. Google Chrome shows a green locked padlock on the far left side of the status bar when there is a secure SSL connection. Firefox colors the address bar yellow when connected to a secure site. Secure transactions are also indicated when the prefix in the location bar of your browser switches from http:// or https://. The additional ‘s’ stands for ‘secure’ and indicates a secure connection to the XCYCLE® website. If you do not see this padlock, if it is unlocked, or if the protocol in the location bar is not listed as https://, then any data exchanged with the website is potentially visible to others.
Depending on your browser, you may be able to view authentication information about a secure page by double-clicking on the padlock icon in the status bar. For more information on how your software establishes a secure connection, see the help files for your particular browser.
A cookie is a small text file that is sent to your browser from a website and stored on your computer’s hard drive. Cookies cannot read data from your hard disk or read cookie files that were created by other sites – the website that creates a cookie is the only one a browser will permit to access it.
How Information is Used
The following are examples of how XCYCLE® might use the personal information collected through the Website:
- If you purchase XCYCLE® classes or a package of classes, sign up for a XCYCLE® class, or purchase XCYCLE® retail items, the required personal information (similar to that provided during a telephone or mail order purchase) will be used to complete your order.
- If you indicate that you are interested in receiving XCYCLE® related news and information, you may receive emails to the email address you provided as part of the registration process.
For the non-personally identifiable information collected throughout the Website:
- Aggregate data could be analyzed to describe the collective characteristics and behaviors of online visitors, and subsequently be used to further optimize the effectiveness of the Website and the overall XCYCLE® experience.
You can help XCYCLE® maintain the accuracy of your personal information by updating your account. Please update this information when you change your address, phone number, or email address. XCYCLE® will never share telephone numbers, email addresses, or any personal data with third parties.
XCYCLE® reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders, at its sole discretion.
Privacy of Minors
If you are under 18, you may register and use the Website only with the involvement of a parent or guardian. XCYCLE® does not accept the online registration of minors; please do not attempt to register on the Website if you are under the age of 18. Registration of a minor (ages 12-17) must be completed in person at one of our studios with a parent or guardian.
If XCYCLE® discovers that personal information has been submitted by a minor without parent or guardian approval, XCYCLE® reserves the right to delete such information. XCYCLE® does not seek or share personal information from minors throughout the Website.
In order to make a reservation, you must first own a single class or a package of classes (multiple classes). To buy an individual class or package of classes online, you can either sign up on the Website by using your email and creating a password, or if you are already registered, click login to buy a package and make your reservation.
You should be aware that classes and packages expire, and future prices are subject to change. We accept MasterCard, Visa, and American Express. Cash payments may only be made in an XCYCLE® studio. Your credit/debit card will be charged for your order when you submit your reservation. XCYCLE® will not process reservation charges that use an incorrect, expired, or over-the-limit credit card. We will make our best efforts to contact you if this occurs. If you fail to pay any fees or charges when due, services or privileges may be suspended or terminated. You shall be responsible and liable for any fees, including attorneys’ fees and collection costs, that XCYCLE® may incur in its efforts to collect any unpaid balances from you.
In order to cancel a spot reserved in a XCYCLE® class and return the class to your XCYCLE® account, you must cancel within 6 hours of such class. If you haven’t cancelled within 6 hours of your class, the class will not be returned to your XCYCLE® account, you will be charged for the class ($10 for unlimited members), and you will not be issued a refund.
You can cancel your reservation in the following ways: 1) Log into your account and, next to the class you wish to cancel, press “unreserve.” 2) Call XCYCLE® to cancel the class for you.
FOR PARTICIPANTS RUNNING LATE: We ask that you call us to let us know you are on the way. The front desk will hold your spot in the class for up to 5 minutes after class begins. Participants who are more than 5 minutes late may not be admitted into class if it is too disruptive. Your bike will be released five minutes before the start of the class if there is a waitlist and we have not heard from you.
FOR PARTICIPANTS LEAVING EARLY: If you’re planning on leaving early, we kindly request that you select a bike near the studio door.
Waiver and Release
By signing up for and/or attending XCYCLE® classes, activities and other programs, and using XCYCLE®’s premises, facilities, and equipment (collectively, Classes and Facilities), you hereby agree that there are certain inherent risks and dangers in indoor cycling and exercise and in using indoor cycling and exercise equipment in association with the Classes and Facilities. In consideration of being allowed to participate in and access the Classes and Facilities provided by XCYCLE®, in addition to the payment of any fee or charge, you hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the Classes and Facilities, (2) waive, release and forever discharge XCYCLE®, its officers, agents, members, employees, representatives, and all others from any and all responsibility, claims, rights, causes of action and/or liability from injuries or damages to your person or property resulting from your participation in and use of the Classes and Facilities, and (3) represent you have no medical or physical condition which would prevent you from attending and/or using any of XCYCLE®’s Classes and Facilities and/or put you in any physical or medical danger, and have not been instructed by a physician not to do so. XCYCLE® hereby advises you that individuals with any chronic disabilities or conditions are at risk in using XCYCLE®’s Classes and Facilities, and are advised against doing so. In addition, if in the opinion of XCYCLE® staff, you would be at physical risk using XCYCLE®’s Classes and Facilities, you will be denied access to XCYCLE® and its Classes and Facilities until you furnish XCYCLE® with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing XCYCLE®’s concerns, and stating that XCYCLE®’s concerns are unfounded. If you decline to obtain such a letter, you will not be permitted to use the Classes and to refuse service at its discretion.
Links/Third Party Websites
XCYCLE® has not reviewed all the sites linked to the Website, and is not responsible for the content or any off-site pages or other linked sites. Although a third party website and/or app may contain the XCYCLE® logo, please understand that it is independent from XCYCLE®, and that XCYCLE® has no control over the content of that website and/or app. Going to third party or off-site websites from the Website is at your own risk. These links do not imply endorsement of, sponsorship of, or affiliation with XCYCLE®.
Intellectual Property Rights
The trademarks and trade dress of XCYCLE® are proprietary to XCYCLE® and may not be used by you for any reasons other than as expressly permitted by these terms. All Website content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are property of, or duly licensed to, XCYCLE®. You have the right to view, electronically copy, and print in hard copy portions of the Website for the sole purpose of making class reservations, purchases, or other personal use. Any other use of materials on the Website, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of XCYCLE®, is strictly prohibited.
You acknowledge that XCYCLE® and/or third party content providers remain the owners of all Website materials, and that you do not acquire any of those ownership rights by downloading, copying, or using any such material in accordance with these Terms. XCYCLE® may discontinue or remove the Website, or any portion thereof, or discontinue your right to use the Website, or any portion thereof, at any time.
NOT AUTHORIZED TO PERFORM DATA MINING
You are not authorized without the prior written permission of XCYCLE® to use any computer code, data mining software, “robot,” “bot,” “spider,” “scraper” or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this Website or accessed through this Website. You also may not engage in the mass downloading of files from this Website; use the computer processing power of this Website for purposes other than those permitted above; flood this site with electronic traffic designed to slow or stop its operation; or establish links to or from other websites to this Website.
NOT AUTHORIZED TO USE THIS WEBSITE FOR COMMERCIAL PURPOSES
Users are not authorized to sell, reproduce, distribute, modify, display, publicly perform, report or otherwise prepare derivative or second hand works based on any of XCYCLE®’s material in any way for any public or commercial purpose. Thus, you are not authorized to (i) resell or make commercial use of this site or its contents; (ii) collect or use any product listings, descriptions, photographs or prices displayed on this Website in connection with the sale or resale of any XCYCLE® products or for other commercial purposes; or (iii) create, reproduce and/or distribute any materials derived from the content provided on this Website. Furthermore, XCYCLE®’s material may not be displayed or communicated on any other website and/or app, in a networked computer environment or other digital support for any purpose whatsoever. In the event of breach of any of these Terms, your permission to use XCYCLE®’s material will automatically terminate and any copies made of XCYCLE®’s material must be immediately destroyed. Any unauthorized use of XCYCLE®’s material may violate state and federal criminal laws, infringe copyright laws, trademark laws, the laws of privacy or publicity, and communication regulations and statutes.
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. WITH REGARD TO THE WEBSITE, XCYCLE AND THE THIRD PARTY LICENSORS AND AGENTS MAKE NO WARRANTY REGARDING YOUR USE OR PERFORMANCE OF THE WEBSITE. XCYCLE HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. XCYCLE AND THE THIRD PARTY LICENSORS AND AGENTS DO NOT WARRANT WITH RESPECT TO THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE WEBSITE OR ANY MATERIALS ON THE WEBSITE. XCYCLE SHALL HAVE NO LIABILITY FOR ANY VIRUSES RELATED TO THE MATERIALS ON THE WEBSITE OR THE WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, XCYCLE AND THE THIRD PARTY LICENSOR AND AGENTS DO NO WARRANT THAT (A) THE MATERIALS ON THE WEBSITE AND THE WEBSITE WILL MEET YOUR REQUIREMENTS, (B) THE MATERIALS ON THE WEBSITE AND THE WEBSITE WILL OPERATE OR BE USABLE IN COMBINATION WITH OTHER HARDWARE, SOFTWARE, SYSTEMS OR DATA, (C) THE OPERATION OR USE OF THE WEBSITE OR THE MATERIALS ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR (D) ANY PROGRAM ERRORS WILL BE CORRECTED. YOU ASSUME ALL RESPONSIBILITY FOR DETERMINING WHETHER THE MATERIALS ON THE WEBSITE ARE ACCURATE OR SUFFICIENT FOR YOUR PURPOSES. XCYCLE AND THE THIRD PARTY LICENSORS AND AGENTS SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO THE WEBSITE AND/OR USE OF THE MATERIALS ON THE WEBSITE. XCYCLE AND THE THIRD PARTY LICENSORS AND AGENTS DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF THE MATERIALS CONTAINED ON THE WEBSITE.
LIMITATION OF LIABILITY
XCYCLE AND ANY THIRD PARTY LICENSEORS AND AGENTS SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING OR ACCESSING THE SITE OR THE MATERIALS, AS WELL AS FOR ANY DAMAGES SUFFERED AS A RESULT OF THE INABILITY TO USE THE SITE OR THE MATERIALS. IN NO EVENT SHALL XCYCLE OR ITS THIRD PARTY LICENSORS OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWEVER ARISING, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE MADE AVAILABLE FROM THE WEBSITE, EVEN IF XCYCLE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU ACKNOWLEDGE AND AGREE THAT XCYCLE SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. AS A USER OF THE WEBSITE, YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED IN THE APPLICABLE JURISDICTION.
You hereby agree to defend, indemnify and hold XCYCLE® and any third party licensors and agents harmless from, and you covenant not to sue XCYCLE® or any third party licensors and agents for, any claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, without limitation, attorneys’ fees) arising from or related to (a) your negligence, error, omission or willful misconduct, (b) your breach of any terms of these Terms, or (c) your use of the Website.
Choice of Law
The Website and your use hereof are governed by the laws of the State of Nevada, without regard to its conflict of law provisions. Any claim arising out of your use of this Website must be brought in Nevada.
Occasional changes may be made to this document as new services and content are added to the Website to reflect changes in XCYCLE®’s policies. These Terms may be revised at any time by updating this posting. By using the Website, you agree to be bound by any such revisions. Users of the Website are encouraged to check this document periodically to stay informed of current privacy guidelines.
Acceptance of Terms
By using the Website, you signify your acceptance of these Terms. If you do not agree to this, please refrain from using the Website. Your continued use of the Website following the posting of changes to these Terms will indicate your acceptance of those changes.