Terms and Conditions
as Zenergy doUPDATED: October 1, 2020
Like every other company, we have some ground rules and detailed Terms and Conditions to ensure we continue to create the best community possible.
We know it’s a long page, that’s because it’s broken up into chunks that detail different aspects of the Zenergy service. Essentially, what it says is that we do our best to provide you with a great service, governed by reasonable rules and expectations.
Please read these Terms & Conditions carefully before using www.zenergycycling.com (“the Site) and or one of our locations (“the Studio”) operated by PDHL GROUP, LLC DBA Zenergy Cycling(“us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the site at www.zenergycycling.com.
CHANGES TO THIS AGREEMENT
We reserve the right to modify the Terms of Service at any time, in our sole discretion. If we modify material terms to this Agreement, such modification will be effective after we send you notice of the amended agreement, if permitted under the applicable law. Such notice will be in our sole discretion, and the manner of the notification may include, for example, via email, posted notice on the Site or mobile apps, or other manner. Your failure to cease use of the Services after receiving notification of the modification will constitute your acceptance of the modified terms.
If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site, or discontinue any use of the Site immediately.
CORONAVIRUS RESPONSE AND ACTION
At Zenergy, the health, wellness & safety of our riders & staff is our top priority. For more information on our response to COVID-19 and what you can do to promote safety when visiting our studio’s, click here
Disclaimer as To Coronavirus-Related Liabilities
The coronavirus pandemic remains a highly fluid situation. While state and local governments have permitted some businesses to reopen, the risks posed by the coronavirus remain. While we have taken steps to keep you and our other members healthy and safe while working out within our studio, unfortunately, we cannot guarantee that one of our members will not become ill with coronavirus. With that in mind, it is important to acknowledge that your choice to return to the studio is at your own risk – you assume all risk and liability associated with coronavirus infection. We are asking all members to sign their acknowledgment of a special “coronavirus release” which we will require prior to entering the studio. If you are not comfortable returning to the studio right now, or you’re concerned about exposure to the coronavirus, the best practice would be to remain at home. A copy of the COVID-19 release waiver is below for your review.
ASSUMPTION OF RISK AND RELEASE OF LIABILITY RELATING TO CORONAVIRUS / COVID-19 (this “Agreement”)
Coronavirus (COVID-19) has been declared a worldwide pandemic by the World Health Organization. Coronavirus is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend physical distancing and have, in many places, prohibited the assembly of large groups.
You acknowledge that Zenergy has put in place certain regulations and taken certain preventative measures, to reduce the spread of coronavirus within the facility; however, Zenergy cannot guarantee that you, your guests, or your family will not be exposed to or become infected with the coronavirus. You understand that by accessing the studio, you may be putting you, your guests and/or your family at increased risk for contracting coronavirus. You further acknowledge that individuals with health conditions such as heart disease, cancer, or diabetes may be more likely to suffer more severe symptoms as a result of contracting the coronavirus.
By signing below, you (referred to below as “I”) understand, acknowledge, and agree to the following statements:
- I assume the risk that I, my guests and/or my child(ren) may be exposed to or become infected with coronavirus and such exposure and/or infection may result in personal injury; illness, causing mild symptoms such as fever or body aches, or more severe complications, such as pneumonia or organ failure; permanent disability or death; and
- I understand that the risk of exposure to or infection with coronavirus may result from the acts, omissions, or negligence or myself or others, including but not limited to, the employees, owners and other members of Zenergy; and
- I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself, my guests or my family (including, but not limited to, personal injury, disability or death), illness, damage, loss, claim, liability or expense (including medical bills, attorneys’ fees, and court costs), or any kind, that I, my guests or my family may experience or incur in connection with my access to the studio or participation in the services provided by Zenergy (collectively, “Claims”); and
- I hereby release, covenant not to sue, discharge and hold harmless Zenergy and each employee, agents, owners, representatives, and affiliates (collectively “Releasees”), of and from all claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or related to my access to the studio or participation in the services provided by Zenergy, whether arising out of the negligent or grossly negligent acts or omissions of any Release or otherwise, and whether any coronavirus infection or exposure occurs before, during or after access to the studio or participation in any of the services provided by Zenergy; and
- I understand that by signing this release, I am waiving any and all claims, including those claims that may be unknown to me, or which I do not suspect to exist at this time. IF I AM A RESIDENT OF CALIFORNIA, I HEREBY EXPRESSLY WAIVE ALL RIGHTS, BENEFITS, AND PROTECTIONS I MAY HAVE UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH READS AS FOLLOWS:
A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that if known by him or her, would have materially affected his or her settlement with the debtor or released party.
- I understand and agree that this Agreement shall be in addition to, and not in lieu of, any other assumption of risk provisions or releases of liability as may be found in my membership agreement and that such assumption of risk and releases of liability provisions remain fully intact.
- If any provision of this Agreement is held to be unenforceable, then this Agreement will be deemed amended to the extent necessary to render the otherwise unenforceable provision, and the rest of the Agreement, valid and enforceable. If a court or arbiter declines to amend this Agreement as provided herein, the invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of the remaining provisions, which shall be enforced as if the offending provision had not been included in this Agreement. Releasees are third-party beneficiaries to this Agreement and shall have the right to enforce this Agreement as if Releasees were a party hereto.
I ACKNOWLEDGE THAT I HAVE READ AND FULLY UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT, HAVE BEEN GIVEN THE OPPORTUNITY TO REVIEW ITS TERMS WITH MY LEGAL COUNSEL, AND AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY FOR CLAIMS, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF THE ACTIVITIES.
ZENERGY TERMS AND CONDITIONS
Terms & Conditions of Purchase
These Terms & Conditions of Purchase apply to any person who purchases any type of class, series of classes or package of classes (“Rider”).
Section 1: Fees and Payments
- RIDER’S OBLIGATION. Rider shall not be relieved of the obligation to make payments agreed to, and no deduction from any payment shall be made because of Rider’s failure to use the facilities of Zenergy Cycling (the “Studio”).
- FORM OF PAYMENT. All payments (including per class payments and incidentals) are payable by electronic funds transfer from the Rider’s credit card account or debit card account. Rider must authorize payments to be made through a third party administered electronic funds transfer system. Rider maintains full control and privacy over his or her account at all times, and the transfer of funds affects only those fees that have Rider’s prior authorization and when a Rider authorizes any additional transaction, including but not limited to single classes, class series, class packages, and retail transactions either on the Studio’s website or in the Studio’s facilities, as well as charges associated with late cancellation and/or no-shows.
- CANCELATION OF CLASSES. Riders may cancel his or her reservation (either on the Studio’s website at www.zenergycycling.com, on our mobile app, or by calling the Studio at the phone number specified on the Studio’s location page) no later than twelve (12) hours prior to the reserved class in order to receive the full class credit. Classes not cancelled prior to that time will be revoked. Please note: the class will not be refunded back to the card it was purchased on. This includes switching time slots under the 12-hour notice time period.
If you are an unlimited rider and a late cancel occurs, you will be charged a late cancel fee of $18.00 plus tax.
- RECURRING MEMBERSHIPS. All recurring memberships require a minimum of 30 days written notification prior to your credit/debit card processing date to cancel your monthly recurring membership. All cancellation requests must be sent via our cancellation request form HERE. Cancellation requests submitted within the 30 day billing cycle will result in a final payment drawn from your account on your established auto draft date. Once the final payment has been drawn from your account, you will have 30 days from the last bill date to attend classes. It is your responsibility to submit the cancellation request form 30 days in advance of your next bill date. There will be no refund issued once a payment has been charged to your credit/debit card. If you are on an active month to month membership due to the ongoing COVID-19 pandemic, you must unfreeze your membership to process the cancelation as Zenergy typically does not offer freezes as seen in section 2. Our monthly recurring term memberships of 6 months and 12 months require 30 days written notification (above form) prior to your next bill date and will incur an additional Early Cancellation Fee equal to one month membership for that plan if cancellation is requested prior to completion of the 6 month or 12 month term. All prepaid memberships are nonrefundable.
- MEMBERSHIP FREEZES. Zenergy has a strict no freeze policy for any and all memberships. Should a medical incident occur reuiring the rider to not be able to participate, a doctor’s note should be issued and passed along to the studio for further assistance.
- REFUNDS. We do not offer refunds on purchases for our services, beyond your statutory rights. We strongly plead with you to be modest in your initial membership and or class purchases, and to make sure you, like us, can reach the venue, and like what we do before making extravagant purchases. For retail items, Zenergy will accept items, excluding ACCESSORIES, for exchange or account credit only. Any exchanged item must be returned in its original, unaltered condition, and all tags need to be intact, within 7 days of purchase. All sales are final on ALL items from the receipt of the original purchase date, or order date, and no returns will be accepted. No returns will be accepted on DISCOUNTED or FINAL SALE items. Zenergy reserves the right to deny a refund on any item purchased in a Zenergy studio or online.For questions or support with online purchases or returns, please contact firstname.lastname@example.org
Section 2: Classes
- REVOCATION OF CLASSES. The Studio (in its sole discretion) may revoke Rider’s class, class series or class credits, at any time and without refund, in the event that Rider engages in behavior that is unsafe or objectionable to other participants or staff, or for reasons of nuisance, disturbance to other participants or staff, moral turpitude or fraud, or personal hygiene and attire. The Studio also reserves the right to require rider to leave for the day if, in the Studio’s reasonable judgment, rider poses a health or safety risk to rider or others, or is disturbing or likely to disturb other participants or staff.
- USE PRIVILEGES. Rider must abide by the individual rules of the Studio. Additionally, the Studio (in its sole discretion) reserves the right to revoke or suspend Rider’s class, class series or class credits if rider has purchased a class, class series or class packages, and allows persons other than rider to use rider’s account to book and/or attend classes.
- CLASS CUTOFF. We reserve the right to cancel classes based on low registration. We want to ensure the best experience for our riders. Please do your best to sign up before the class time.
Section 3: Rider Risk
- MEDICAL RECOMMENDATIONS. Rider is strongly advised to consult with his or her physician or to have a physical examination before using any of the Studio’s facilities or enrolling in any of the Studio’s classes, especially if Rider is elderly, pregnant, has a history of heart disease, high blood pressure or other chronic illness, or is unaccustomed to strenuous physical exertion or has any other physical limitations that could create an increased risk of injury or adverse health consequences from strenuous exercise.
- ORIENTATION. Riders are strongly encouraged to arrive early prior to their first ride as well as request ongoing support available at the Studio to ensure the proper and safe use of all of the Studio’s equipment.
- RIDER CONDUCT. Riders shall not use any studio facility, service or equipment in such a way as to endanger the health or safety of Rider or others. Rider shall be responsible for any property damage or personal injury caused by Rider and/or his or her guests. Rider agrees not to violate any laws while in any studio facility and agrees further to abide by all of the Studio’s rules and regulations, as they now exist and as they may be amended from time to time at the discretion of the studio.
- RIDER ASSUMPTION OF RISK. Rider acknowledges that his or her participation in the Studio’s classes and use of the Studio’s facilities necessarily involves a risk of severe, permanent physical injury (including, without limitation, strained, sprained or torn muscles, tendons or ligaments, broken bones, dislocation of joints, concussion, brain damage, nerve and spinal cord injury, and paralysis) and death. By enrolling or participating in any of the Studio’s classes, or otherwise using any of the Studio’s facilities, RIDER WILLINGLY AND VOLUNTARILY ASSUMES ALL SUCH RISKS. The Studio cannot, and does not, guarantee that any facility, class or equipment is free of risk of any and all accidents or injuries of any kind (including death).
- MEDICAL DISCLAIMER. Rider has been informed and acknowledges that the Studio makes no claims as to medical or fitness results that can or may be obtained through use of the Studio’s facilities, equipment or services. The Studio has neither suggested nor will suggest any medical treatment to Rider. Only licensed medical professionals are qualified to give medical advice.
RIDER ASSUMPTION OF RISK WAIVER
By signing up for and/or attending classes, events, activities, and other programs and using the premises, facilities and equipment, or any other location or venue where Zenergy Cycling is providing services (individually and/or collectively, the “Classes and Facilities”) of Zenergy Cycling. I hereby acknowledge on behalf of myself, my heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in indoor cycling and exercise equipment in association with the Classes and Facilities. I acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. I also acknowledge that the specific risks vary from one activity to another, but range from (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and (3) catastrophic injuries including paralysis and death. I have read and thoroughly understand the Zenergy Cycling Bike Safety Instructions that are posted on Zenergy`s website (www.zenergycycling.com). At all times, I shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to me by staff. If in the subjective opinion of the Zenergy staff, I would be at physical risk participating in Zenergy’s Classes, I understand and agree that I may be denied access to the Classes and Facilities until I furnish Zenergy Cycling with an opinion letter from my medical doctor, at my sole cost and expense, specifically addressing Zenergy’s concerns and stating that Zenergy’s concerns are unfounded. In consideration of being allowed to participate in and access the Classes and Facilities, I hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by me in relation to the Classes and Facilities, (2) release, indemnify, and hold harmless Zenergy Cycling, its direct and indirect parent, subsidiary affiliate entities, and each of their respective officers, directors, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Classes or use of the Facilities, and (3) represent that I (a) have no medical or physical condition that would prevent me from properly using any of Zenergy’s Classes and Facilities, (b) do not have a physical or mental condition that would put me in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. I acknowledge that if I have any chronic disabilities or conditions, I am at risk in using Zenergy’s Classes and Facilities, and should not be participating in any Classes.
I have read this Assumption of Risk, Waiver, and Release Agreement, fully understand its terms, and understand that I am giving up substantial rights including my right to sue Zenergy Cycling under certain circumstances. I acknowledge that I am signing this waiver freely and voluntarily. The term of this waiver is indefinite.
VALUABLES AND PERSONAL PROPERTY: I acknowledge that I have been urged to avoid bringing valuables into the Facilities and that Zenergy Cycling shall not be liable for the loss of, theft of, or damage to my personal property, including items left in lockers, bathrooms, studios, or anywhere else in the Facilities. I acknowledge that no portion of any fees paid by me is in consideration for the safeguarding of valuables.
- COSTS OF COLLECTION. Rider agrees to pay all costs plus reasonable attorney and collection fees in connection with Studio’s (or Studio’s designee’s) collection of any amounts owed by Rider.
- LOSS OF PROPERTY. Rider is urged not to bring valuables onto the Studio premises and to keep valuables with him or her at all times. The Studio shall not be liable for the disappearance, loss or theft of, or damage to, personal property (including money, and jewelry).
Section 4: General Provisions
- RIDER GUESTS AND RULES. Rider and his or her guests shall abide by the Studio’s rules and regulations and any amendments and/or modifications thereto. Guests are permitted in the Studio, but only pursuant to such rules, fees and schedules as then may be in effect. All guests must register at the front desk and sign the Studio’s New Rider Waiver Form.
- LOCKERS. Lockers are provided solely for the benefit and convenience of the participants. The Studio will remove any articles left in a locker overnight.
- DRESS CODE. Proper athletic attire is required. The Studio reserves the right to make the final determination in its sole discretion with regard to appropriate attire.
- SPECIAL EVENTS. The Studio may from time to time reserve the use of its facilities for special events, competitions and private functions.
- Change in Operating Hours/Temporary Closing of Studio. As a result of repair, maintenance, special occasions, or act of God, the Studio may be required to restrict the use or temporarily close its facilities or activities from time to time. Hours of operation may be amended from time to time, and certain facilities, services or programs may be added or eliminated from time to time, at the Studio’s discretion. Should the studio remain closed for more than (3) consecutive days, credits will be extended for the amount of time closed and memberships frozen.
Section 5: Miscellaneous
- NON-DISCRIMINATION. Zenergy has a strict non-discrimination policy and will not discriminate against any person because of gender, race, creed, age, color, sexual orientation, national origin or ancestry in considering applications for, or have taken other action in connection with, entrance in the Studio.
- WAIVER. It is understood and agreed that no failure or delay by any party hereto in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise preclude any other or further exercise or the exercise of any right, power or privilege hereunder.
- ENFORCEMENT. If any provision of these Terms and Conditions of Purchase is held to be invalid or unenforceable by a court of competent jurisdiction, such holding shall not affect the validity or enforceability of any other provisions of this contract, which shall remain in full force and effect, and the provisions held invalid or unenforceable shall be deemed modified so as to give such provisions the maximum effect permitted by applicable law.
- Governing Law; Jurisdiction. This agreement shall be governed in all respects by the substantive law of the state in which the studio is located, without regard to its conflict of law principles. Rider hereby unconditionally consents to submit to the jurisdiction of the federal and state courts sitting in which the studio is located for any actions, suits or proceedings arising out of or relating to this agreement.
- ENTIRE AGREEMENT. These Terms and Conditions of Purchase and all rules and regulations of the studio, as revised from time to time, constitute the entire and exclusive agreement between the parties, and supersede all prior promises, representations, understandings and/or agreements relating to the subject matter hereof. This agreement may be modified only in writing and only by the studio.
STATE SPECIFIC TERMS AND CONDITIONS
The below terms and conditions shall be in addition to the terms and conditions that are written above.
All Zenergy studios in Florida offer the following class or membership options:
|Class or Series of Classes:||Price:||Expiration:|
|First Ride Special||$24.00||Expires in 30 days|
|1 Class||$24.00||Expires in 30 days|
|5 Classes||$110.00||Expires in 45 days|
|10 Classes||$210.00||Expires in 90 Days|
|20 Classes||$380.00||Expires in 180 Days|
|Auto Rolling Monthly Unlimited||$159.00||Auto-Rolling|
Rights to Cancellation:
- You may cancel the Zenergy Agreement, without penalty, within 3 days, exclusive of holidays and weekends, by emailing a written notice of cancellation to: email@example.com. A refund shall be issued within 30 days after receipt of the notice of cancellation.
- If any studio location in Florida goes out of business or moves its facilities more than 5 driving miles from its original locations, and Zenergy fails to provide, within 30 days, a facility of equal quality located within 5 driving miles of the original locations, you may cancel the Zenergy Agreement without penalty. You will receive a full refund of your purchase, less the cost of any unused classes (charged at the rate of a 1-Ride package). Alternatively, if Zenergy wishes to enforce the contract after receipt of your notice, it may request the Florida Department of Agriculture and Consumer Services (“Department”) to determine the sufficiency of your cancellation notice. If the Department determines that a refund is due to you, the refund shall be an amount computed by dividing the contract price by the number of weeks in the contract term and multiplying the result by the number of weeks remaining in the contract term. The business location of a studio may not be deemed out of business when temporarily closed for repair and renovation of the premises: (1) Upon sale, for not more than 14 consecutive days; or (2) During ownership, for not more than 7 consecutive days and not more than two periods of 7 consecutive days in any calendar year.
- You (or your estate) may cancel the Zenergy Agreement if you die or become physically unable to avail yourself of a substantial portion of those services which you used from the commencement of the Agreement until the time of disability. You (or your estate) may be required to provide proof of disability or death. A physical disability sufficient to warrant cancellation of the contract is established by furnishing a certification of such disability by a physician licensed to the extent the diagnosis or treatment of the disability is within the physician’s scope of practice. You will receive a full refund of your purchase, less the cost of any unused classes. A refund shall be issued within 30 days after receipt of the notice of cancellation.
Should the studio go out of business, you should contact the Florida Department of Agriculture and Consumer Services for information within 60 days.
Zenergy Aventura, LLC is registered with the state of Florida as a Health Studio Facility
The duration of this contract is equal to the expiration period for the class or series of classes purchased.
All Zenergy studios located in Illinois offer the following class or series of classes:
|Class or Series of Classes:||Price:||Expiration:|
|First Ride Special||$24.00||Expires in 30 days|
|1 Class||$24.00||Expires in 30 days|
|5 Classes||$115.00||Expires in 45 days|
|10 Classes||$220.00||Expires in 90 Days|
|20 Classes||$400.00||Expires in 180 Days|
|Auto Rolling Monthly Unlimited||$200.00||Auto-Rolling|
Illinois law prohibits any contract for basic physical fitness services that require a payment of a total amount in excess of $2,500 per year.
The Zenergy Agreement may be cancelled by you within three business days after the first business day after the Zenergy Agreement is signed by you, and all monies paid pursuant to said Zenergy Agreement shall be refunded to you. Business day shall mean any day on which the studio is open for business. If you purchase a class or series of classes at a studio which has not yet opened for business at the time the Zenergy Agreement is signed, you shall have seven calendar days in which to cancel the Zenergy Agreement and receive a full refund of all monies paid.
In the event of the relocation of your residence to farther than 25 miles from any Zenergy studio in Illinois, and upon the failure of Zenergy to designate a center, with comparable facilities and services within 25 miles of your new residence, which agrees to accept Zenergy’s obligations under the Zenergy Agreement, you may cancel the Zenergy Agreement and shall only be liable for any unused classes you have purchased.
If, because of death or disability, you are unable to use or receive all services contracted for, you, or your estate, shall only be liable for any used classes allocable to the time prior to death or the onset of disability. The studio shall in such event have the right to require and verify reasonable evidence of such death or disability.
Your notice of cancellation must be in writing to firstname.lastname@example.org . All refunds to which you or your estate are entitled shall be made within 30 days of receipt by Zenergy of the cancellation notice.
Agreement Between User and Zenergy Cycling
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 at 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.
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
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.
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 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 encourages you to periodically review the terms to stay informed of our updates.