- Application of These Terms And Conditions
These terms and conditions (“Terms”) govern your relationship with CYCMODE Inc. (“CYCMODE”, “we”, “us”, or “our”), including, but not limited to, your use of the CYCMODE Website www.CYCMODE.com (the “Website”), your rights to cancel your purchase of CYCMODE classes, your registration for classes, your purchase of merchandise, your communication with CYCMODE, and your use of and attendance at CYCMODE’s studio.
- ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
- Informal Dispute Resolution
Our goal is to do our best to ensure that every experience with CYCMODE will exceed your expectations. If that doesn’t happen, we hope you will give us the opportunity to try to address any problem. To do that, please e-mail us at email@example.com. Please include: (1) your name, (2) your address, (3) a description of your concerns, and (4) a description of the specific relief you seek.
- Arbitration Agreement
By accepting the Terms, you and CYCMODE agree to submit any and all Disputes (as defined below) to binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), which shall govern the interpretation and enforcement of this arbitration agreement (“Arbitration Agreement”). Arbitration shall be before the American Arbitration Association (“AAA”), www.adr.org.
WE EACH AGREE THAT, EXCEPT AS PROVIDED IN THE DEFINITION OF DISPUTES BELOW, ANY AND ALL DISPUTES WHICH ARISE AFTER YOU ENTER INTO THESE TERMS AND CONDITIONS WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT BY A JUDGE OR JURY, IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.
- Class Action Waiver
You agree that the arbitration of any Dispute (as defined below) shall be conducted on an individual, not a class-wide basis, and that no such arbitration proceedings may be consolidated with any other arbitration or other legal proceedings involving CYCMODE or any other person. You further agree that you, and anyone asserting a claim through you, will not be a class representative, class member, or otherwise participate in a class, representative, or consolidated proceeding against CYCMODE. We and you agree that the arbitrator of any Dispute between us may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claim (such as a class action, representative action, consolidated action or private attorney general action).
If this class action waiver (“Class Action Waiver”) clause or any portion thereof is found to be illegal or unenforceable, then the Arbitration Agreement will be unenforceable, and the Dispute will be decided by a court. Any claim that all or part of the Class Action Waiver is invalid, unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
- Definition of Dispute
Except as described below, the term “Dispute” in this Arbitration Agreement and the Class Action Waiver means any dispute, claim, or controversy between you and CYCMODE regarding any aspect of your relationship with CYCMODE, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal, statutory or equitable theory, and includes the validity, enforceability or scope of the Terms except for the scope, enforceability and interpretation of this Arbitration Agreement and Class Action Waiver.
Dispute SHALL NOT include personal injury claims or claims for lost, stolen, or damaged property.
Dispute also SHALL NOT include; (1) claims that all or part of the Class Action Waiver is invalid, unenforceable, unconscionable, void or voidable; and (2) any claim for public injunctive relief, i.e., injunctive relief that has the primary purpose and effect of prohibiting alleged unlawful acts that threaten future injury to the general public. Such claims may be determined only by a court of competent jurisdiction and not by an arbitrator.
- How Will the Arbitration Work?
Either you or CYCMODE may initiate arbitration proceedings. The arbitration will be conducted before a single arbitrator. The arbitration will be an individual arbitration, and shall in no event be commenced as a representative or class arbitration.
If you or CYCMODE initiate arbitration, you and we will do so before the AAA:
- Which particular rules apply in AAA arbitration will depend on how much money is at issue. For less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes/Consumer Arbitration Rules will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. The AAA rules are available atadr.org or by calling 1-800-778-7879.
- As set forth in the section of these Terms regarding Choice of Law, the arbitrator shall apply Illinois.
If required for the enforceability of this Arbitration Agreement under the Federal Arbitration Act, CYCMODE will pay all arbitrator’s costs and expenses. If not, those costs will be paid as specified in the above-referenced rules.
- Where Will the Arbitration Be Held?
You or CYCMODE can bring the arbitration in the state of Illinois.
III. Use of the Site by Minors
If you are under 18, you may register and use the Website only with the involvement of a parent or guardian. CYCMODE 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 must be completed in person at one of our studios with a parent or guardian. Minors who are at least 12 years of age, meet the minimum height requirement of 4″11″, who have submitted a Minor New Rider Waiver Form signed by a parent or guardian, may sign up for classes online.
- Reservations/Charges/Classes and Gift Cards
In order to make a reservation, you must first buy a single class or a series of classes. To buy credits online, visit https://cycmode.com/buy-now/.
Classes are for our classes only. You cannot give classes to another as a gift. When you buy a class, you are only entitled to use that class to book a bike in a particular studio at a particular time. You cannot redeem your class for cash and you cannot transfer it to another rider.
Classes do expire. The expiration dates are posted in the description of the class or series of classes on the Website and listed on your rider receipt. If, however, you get busy up and cannot book a ride in time, just give us a call, stop by the studio, or e-mail us and we can help you.
Future class prices are subject to change, but CYCMODE will honor your class or series of classes until the expiration date, regardless of whether there is a price increase in the interim. We accept MasterCard, Visa, Discover, and American Express. Cash payments may only be made in a CYCMODE studio. You can reserve classes online up to 1 month in advance, but not later than 1 hour prior to class time.
Your credit/debit card will be charged for your order when you buy your class or series of classes, not when you book your bike. CYCMODE will not process charges that use an incorrect, expired, or over-the-limit credit card. We will try 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 CYCMODE may incur in its efforts to collect any unpaid balances from you.
- CONSUMERS’ RIGHT TO CANCELLATION
You may cancel your purchase at any time before midnight of the fifth business day after the date of your purchase, excluding Sundays and holidays. You may cancel your credits within 45 days after your purchase. To cancel, mail, e-mail or deliver a signed and dated notice which states that you are canceling your purchase, and send it to firstname.lastname@example.org or CYCMODE Inc., 1333 S Wabash Ave Suite 2504, Chicago, IL 60605, Attention: CANCELLATION
CYCMODE will refund the purchase price of your unused classes within ten days after we receive your notice of cancellation.
- ADDITIONAL RIGHTS TO CANCELLATION
You or your representative may also cancel your purchase of a class or credits for any of the reasons listed below. To do so, you must give us written notice, by e-mail or certified or registered mail to email@example.com or CYCMODE Inc., 1333 S Wabash Ave Suite 2504, Chicago, IL 60605, Attention: CANCELLATION
You may cancel your contract in any of the following circumstances.
- If you become disabled and, as a result, cannot physically participate in a class you have purchased, and your condition is verified by a doctor, CYCMODE will refund you the purchase price of your unused class or classes.
- If you die, CYCMODE will refund your representative the purchase price of your unused class or classes.
- If you move your residence more than 25 miles from a CYCMODE studio location, you may cancel your purchase and CYCMODE will refund the purchase price of your unused class or classes. Depending upon where you live, you may be charged a cancellation fee.
- If CYCMODE stops offering classes, you may cancel your purchase.
VII. Cancellation Policy for Reservations
In order to cancel a reservation in a CYCMODE class and return it to your account, you must unreserve by 5 PM the night prior to the class. Once your reservation is cancelled, the class will be returned to your account to be used at a future date; the class is not refunded. If you haven’t cancelled by 5 PM the night before, your scheduled class will be charged to your credits.
You can cancel your reservation in the following ways:
- Log into your account on the Website, and, next to the class you wish to cancel, press “unreserve”.
- Email firstname.lastname@example.org
Please note, in fairness to all our customers, BIKES WILL BE RELEASED 4 MINUTES BEFORE CLASS BEGINS.
IF RUNNING LATE: We ask that you call the studio to let us know you are on the way. The front desk will hold a reservation for up to 10 minutes after class begins. Members who are more than 10 minutes late will not be admitted into class as it is too disruptive.
IF LEAVING EARLY: If you’re planning on leaving early, we kindly request that you tell the instructor ahead of time.
VIII. Geographic Use of Classes
CYCMODE offers different class credits so that our customers can select the options that best suit their individual needs. Before you buy a credit, it is important that you take a minute and read the written descriptions we provide you about what the class or series includes, its expiration date, and any limitations on where you may use your class.
- Waiver and Release
rams (the “Activity”) provided by CYCMODE, INC., an Illinois corporation with offices located at 1333 S. Wabash Avenue, Chicago, IL (the “Company”). As lawful consideration for being permitted by the Company to participate in the Activity, I agree to all the terms and conditions set forth in this agreement (this “Agreement”).
I AM AWARE AND UNDERSTAND THAT THE ACTIVITY MAY BE DANGEROUS AND INVOLVE THE RISK OF SERIOUS INJURY AND/OR DEATH AND/OR PROPERTY DAMAGE.
I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DEATH, OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF THE COMPANY OR OTHERWISE.
I ACKNOWLEDGE AND UNDERSTAND THAT THE VIDEOS AND IMAGES SHOWN DURING THE ACTIVITY MAY CONTAIN EXPLICIT LANGUAGE, VIOLENCE AND/OR NUDITY AND I ASSUME ALL RISK OF ANY OFFENSE OR EXPOSURE ASSOCIATED WITH THE ACTIVITY.
I REPRESENT AND WARRANT TO THE COMPANY THAT I AM IN GOOD PHYSICAL CONDITION, I AM ABLE TO SAFELY PARTICIPATE IN THE ACTIVITY AND HAVE NO MEDICAL CONDITIONS THAT WOULD MAKE MY PARTICIPATION IN THE ACTIVITY MORE HAZARDOUS TO ME OR ANY OTHER ACTIVITY PARTICIPANT.
IF I AM PREGNANT, DISABLED IN ANY WAY OR HAVE RECENTLY SUFFERED ANY ILLNESS OR INJURY, I SHOULD HAVE OR DID CONSULT A PHYSICIAN BEFORE PARTICIPATING IN THE ACTIVITY.
I UNDERSTAND THAT IT IS MY RESPONSIBILITY TO OBTAIN ANY INSURANCE NEED TO COVER PERSONAL INJURY OR DEATH AND ANY LIABILITY I MIGHT INCUR TO ANY OTHER ACTIVITY PARTICIPANT.
I AGREE TO OBSERVE AND OBEY ALL STATED AND/OR POSTED RULES AND WARNINGS, TO FOLLOW ANY INSTRUCTIONS OR DIRECTIONS GIVEN BY THE COMPANY THROUGH ITS EMPLOYEES, REPRESENTATIVES, OR AGENTS AND TO ABIDE BY ANY DECISIONS OF THE COMPANY RELATIVE TO MY ABILITY TO SAFELY PARTICIPATE IN OR ATTEND THE ACTIVITY.
I UNDERSTAND AND AGREE THAT I AM EXPECTED TO EXHIBIT APPROPRIATE BEHAVIOR AT ALL TIMES DURING THE ACTIVITY AND/ OR AT ANY LOCATION WHERE THE ACTIVITY MAY TAKE PLACE AND I AM EXPECTED TO OBEY ALL LOCAL, STATE, AND FEDERAL CIVIL AND CRIMINAL LAWS. THIS INCLUDES, GENERALLY, RESPECT FOR OTHER PEOPLE, EQUIPMENT, FACILITIES OR PROPERTY.
I UNDERSTAND THAT THE COMPANY IS NOT RESPONSIBLE FOR ANY PERSONAL ITEM AND/OR PROPERTY THAT IS LOST, DAMAGED, OR STOLEN DURING THE ACTIVITY OR AT ANY LOCATION WHERE THE ACTIVITY MAY TAKE PLACE.
I CONSENT TO THE USE OF MY IMAGE IN PHOTOGRAPHS, MOTION PICTURES, AND RECORDINGS TAKEN AT OR DURING THE ACTIVITY FOR THE USE IN COMPANY ADVERTISING, MARKETING OR PROMOTION.
I GRANT AND CONVEY THE COMPANY ALL RIGHTS, TITLE, AND INTEREST IN ANY AND ALL PHOTOGRAPHIC IMAGES AND VIDEO OR AUDIO RECORDINGS MADE BY THE COMPANY WHILE ON THE COMPANY’S PROPERTY OR DURING ANY ACTIVITY, INCLUDING BUT NOT LIMITED TO, ANY ROYALTIES, PROCEEDS, OR OTHER BENEFITS DERIVED FROM SUCH PHOTOGRAPHS OR RECORDINGS.
I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY BE COMPOUNDED BY NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE COMPANY.
I CONSENT TO MEDICAL CARE AND TRANSPORTATION IN ORDER TO OBTAIN TREATMENT IN THE EVENT OF INJURY TO ME AS THE COMPANY OR MEDICAL PROFESSIONALS MAY DEEM APPROPRIATE AND UNDERSTAND THAT THIS WAIVER EXTENDS TO ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH MEDICAL TREATMENT AND/OR TRANSPORTATION.
I UNDERSTAND AND AGREE THAT THE COMPANY RESERVES THE RIGHT TO CANCEL THE ACTIVITY IN THE EVENT OF WEATHER (INCLUDING BUT NOT LIMITED TO, HEAT, TORNADOES, EARTHQUAKES, FIRES, STORMS, LIGHTENING AND FLOODS), ACCIDENTS, ACTS OF WAR OR TERRORISM, MILITARY CONFLICT OR RIOTS OR FOR ANY REASON THAT WILL AFFECT THE SAFETY AND SECURITY OF ANY ACTIVITY PARTICIPANT AND/OR ATTENDEE
I HEREBY EXPRESSLY WAIVE AND RELEASE ANY AND ALL CLAIMS, NOW KNOWN OR HEREAFTER KNOWN IN ANY JURISDICTION THROUGHOUT THE WORLD, AGAINST THE COMPANY, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, MEMBERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, “RELEASEES”), ON ACCOUNT OF INJURY, DEATH, OR PROPERTY DAMAGE ARISING OUT OF OR ATTRIBUTABLE TO MY PARTICIPATION IN THE ACTIVITIES, WHETHER ARISING OUT OF THE NEGLIGENCE OF THE COMPANY OR ANY RELEASEES OR OTHERWISE. I COVENANT NOT TO MAKE OR BRING ANY SUCH CLAIM AGAINST THE COMPANY OR ANY OTHER RELEASEE, AND FOREVER RELEASE AND DISCHARGE THE COMPANY AND ALL OTHER RELEASEES FROM LIABILITY UNDER SUCH CLAIMS.
I SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY AND ALL OTHER RELEASEES AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS, OR EXPENSES OF WHATEVER KIND, INCLUDING ATTORNEY FEES, FEES AND THE COSTS OF ENFORCING ANY RIGHT TO INDEMNIFICATION UNDER THIS AGREEMENT, AND THE COST OF PURSUING ANY INSURANCE PROVIDERS, INCURRED BY/AWARDED AGAINST INDEMNIFIED PARTY IN A FINAL JUDGMENT, ARISING OUT OR RESULTING FROM ANY CLAIM OF A THIRD PARTY RELATED TO THE ACTIVITIES.
This Agreement constitutes the sole and entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall inure to the benefit of the Company and me and their respective successors and assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction). Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in Cook County, Illinois and I hereby consent to the exclusive jurisdiction of such courts.
BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY.
- Links/Third Party Websites
CYCMODE has not reviewed all the sites linked to the Website and/, and is not responsible for the content or any off-site pages or other linked sites. Although a third party website and/ may contain the CYCMODE logo, please understand that it is independent from CYCMODE, and that CYCMODE has no control over the content of that website and/. Going to third party or off-site websites from the Website and/ is at your own risk. These links do not imply endorsement of, sponsorship of, or affiliation with CYCMODE.
- Intellectual Property Rights
The trademarks and trade dress of CYCMODE are proprietary to CYCMODE 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, CYCMODE. 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 CYCMODE, is strictly prohibited.
You acknowledge that CYCMODE 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. CYCMODE 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.
XII. Not Authorized to Perform Data Mining
You are not authorized without the prior written permission of CYCMODE 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 and/ or accessed through this Website and/. You also may not engage in the mass downloading of files from this Website and/; use the computer processing power of this Website and/ 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.
XIII. 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 CYCMODE’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 and/ in connection with the sale or resale of any CYCMODE products or for other commercial purposes; or (iii) create, reproduce and/or distribute any materials derived from the content provided on this Website and/. Furthermore, CYCMODE’s material may not be displayed or communicated on any other website and/, in a networked computer environment or other digital support for any purpose whatsoever. In the event of breach of any of these Terms, user’s permission to use CYCMODE’s material will automatically terminate and any copies made of CYCMODE’s material must be immediately destroyed.
Any unauthorized use of CYCMODE’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.
XIV. Warranty Disclaimer and Limitation of Liability
In no event will CYCMODE be liable for any direct, indirect, special, or other consequential damages resulting from your use of the Website or on any other linked/third-party website, your purchase of CYCMODE classes, your rights to cancel your purchase of CYCMODE classes, your registration for classes, your purchase of merchandise, your communication with CYCMODE, and your use of and attendance at CYCMODE’s studios, including without limitation, any lost profits, business interruption, loss of programs, or other data on your information handling systems or otherwise, including any claims waived by you previously in this agreement even if CYCMODE expressly advised of the possibility of such damage.
All information, goods, services, products and experiences are provided by CYCMODE on an “as is” basis only. The entire risk as to the quality and performance of the goods, services, products and experiences remains with you. Should the goods, services, products and/or experiences prove defective after purchase, you assume the entire cost of such defect. CYCMODE provides no representations and warranties, express or implied, including the implied warranties of fitness for a particular purpose, merchantability, and non-infringement.
- Choice of Law
The Terms are governed by the laws of the State of Illinois, without regard to Illinois’ choice of law provisions. Except as provided above as to those Disputes you or CYCMODE submit to binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), any Disputes must be brought in Illinois.
XVI. Acceptance of Terms
By using the Website, purchasing a CYCMODE class, registering for a CYCMODE class, booking a bike, purchasing merchandise, and/or using or attending a CYCMODE class, you signify your acceptance of the Terms. If you do not agree to this, please refrain from using the Website, purchasing a CYCMODE class, registering for a CYCMODE class, booking a bike, purchasing merchandise, and/or using or attending a CYCMODE class.
Occasional changes may be made to this document to reflect changes in CYCMODE’s policies. The Terms may be revised at any time by updating this posting. By using the Website, by buying CYCMODE classes, registering for classes, booking bikes, buying merchandise, and/or using and attending CYCMODE’s studios, you agree to be bound by any such revisions. Riders are encouraged to check this document periodically to stay informed of current guidelines.
XVII. Contact Us
If you have any questions about these Terms you can reach us at hello@CYCMODE.com.
EFFECTIVE DATE: May 14, 2018