Agreement Between User and Zenergy Cycling

Welcome to the Zenergy Cycling website, https://www.zenergycycling.com (the “Site”). The Site is comprised of various web pages operated by Zenergy Cycling and is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Site constitutes your agreement to all such Terms and Zenergy Cycling’ Privacy Policy, found below under the section labeled “Privacy Policy.” This agreement sets forth the legally binding terms for your use of the site. If you do not agree with all of the provision of this agreement, do not access and/or use the Site.

Your Account

To access certain features of this Site, you may have to create an account. You are responsible for maintaining the confidentiality of your account username and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account. You are limited to only one account. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Zenergy Cycling is not responsible for third party access to your account that results from theft or misappropriation of your account. You must notify Zenergy Cycling immediately of any breach of security or unauthorized use of your account. Zenergy Cycling and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

 Any creation of an account by, use of or access to the Site by anyone under 13 is unauthorized, unlicensed and in violation of these Terms. By using the Site, you represent and warrant that you are at least 13 years of age and that you agree to abide by all of the Terms. Anyone between the ages of 13 and 18 may use the Site and create an account only with permission of a parent or guardian.

Cancellation / Refund Policy

Reserved bikes may be cancelled up until 12 hours prior to the scheduled class without penalty. Bikes can be cancelled by logging onto your account or calling the studio. Bikes not cancelled before 12 hours prior to the scheduled class will result in the loss of class credit. 

Mobile Services

The Site may include certain services that may be available via your mobile phone, including but not limited to (i) the ability to book and/or purchase services via your mobile phone, (ii) the ability to browse the Site from your mobile phone and (the “Mobile Services”). Your carrier’s normal messaging, data and other rates and fees will apply.

No Unlawful or Prohibited Use / Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use https://www.zenergycycling.com/strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Zenergy Cycling that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Zenergy Cycling or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Zenergy Cycling’s content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Zenergy Cycling and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Zenergy Cycling or our licensors except as expressly authorized by these Terms.

Indemnification

You agree to indemnify, defend and hold harmless Zenergy Cycling, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Zenergy Cycling reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Zenergy Cycling in asserting any available defenses.

Account Termination / Access Restriction

Zenergy Cycling reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of West Virginia and you hereby consent to the exclusive jurisdiction and venue of courts in West Virginia in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Zenergy Cycling as a result of this agreement or use of the Site. Zenergy Cycling’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Zenergy Cycling’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Zenergy Cycling with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Zenergy Cycling with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Zenergy Cycling with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Zenergy Cycling reserves the right, in its sole discretion, to change the Terms under which www.zenergycycling.com is offered. The most current version of the Terms will supersede all previous versions. Zenergy Cycling encourages you to periodically review the Terms to stay informed of our updates.

LAST REVISED ON: February 6, 2017