CYC Fitness Website Terms of Service
Effective October 17, 2012
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY BIND YOU TO A CONTRACT WITH CYC FITNESS PARTNERS, LLC ("CYC FITNESS"). THIS INCLUDES AN ARBITRATION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
www.cycfitness.com ("Website") provides information about CYC Fitness, and, with a user account, allows users to receive information about CYC Fitness through e-mail or messaging; to book, cancel and pay for CYC Fitness classes, programs, merchandise or services; and to elect to participate in CYC's Social Seating program (the "CYC Website Services"). We may add to or change these functionalities in the future.
By using the CYC Website Services you agree to these Terms of Service, as well as CYC Fitness's Privacy Policy and Social Seating policy, both of which are incorporated herein by reference. To the extent there may be a conflict among the policies, the Terms of Service control.
If you do not agree with the Terms of Service or the Privacy Policy, you must immediately stop using the CYC Website Services. You may still participate in many CYC Fitness programs by calling or visiting a CYC Fitness studio.
These Terms of Service may change from time to time, without actual notice to you. Changes will appear on this website. Your continued use of the CYC Website Services after we make changes is deemed to be acceptance of those changes, whether or not you have actually reviewed them. Please check the Terms of Service periodically for updates.
These Terms of Service shall remain in full force and effect while you use the CYC Website Services. CYC Fitness may terminate your CYC Fitness account, your license to use the CYC Website Services, and/or any other CYC Fitness service or use of CYC Fitness facilities at any time, without warning, in its sole discretion for reasons including but not limited to your failure to abide by the Terms of Service, Privacy Policy, Social Seating, or any other CYC Fitness policies, or non-payment of fees. Even after your account or license to use this website is terminated, these Terms of Service will remain in effect and will govern any dispute arising out of your use of the CYC Website Services.
CYC Fitness may discontinue or remove the CYC Website Services or any portions thereof at any time for any reason.
Liability Waiver and Parental Consent
You acknowledge and agree that your use of CYC Fitness's facilities, services and equipment requires that you sign and deliver to CYC the Liability Waiver Form or, if you are under 18, the Parent Consent Form, and that you are not be permitted to use CYC Fitness's facilities, services and equipment if you have not done so.
Eligibility/Children
This Website is intended solely for users who are 16 years of age or older. By using the CYC Website Services, you represent and warrant that you are 18 or older and otherwise have capacity to contract, or that you are between the ages of 16 and 18 and have the consent of a parent or guardian to use the CYC Website Services. If you are a parent or guardian whose child may be using or attempting to use the CYC Website Services without your consent, please contact us at questions@cycfitness.com.
Use of the CYC Fitness Services is void where prohibited. The CYC Website Services are intended for a United States audience and the Website is controlled and offered by CYC Fitness from New York City and is hosted in the United States of America. CYC Fitness makes no representations that the CYC Website Services are appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions are responsible for compliance with local law.
CYC Fitness Accounts / Profile Pictures
In order to access some of the CYC Website Services, you will have to create a CYC Website Services account.
When creating your account, you must provide accurate and complete information and choose a password. You are entirely responsible for maintaining the confidentiality of your password.
You agree not to use the account, username, or password of another at any time or to disclose your password to any third party. You agree to notify CYC Fitness immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
CYC Fitness will not be liable for your losses caused by any unauthorized use of your account.
When creating your account, you have the option of uploading a profile picture. You represent that you have the right to use and license any picture you upload and that you are granting CYC Fitness a non-exclusive, royalty free license to copy and display the picture. The profile picture should represent you personally. You may not attempt to impersonate another.
The profile picture and any content you post to the CYC Website Services must be appropriate for a general audience and may not depict hateful, discriminatory, harassing, lewd, violent, pornographic or otherwise inappropriate material.
CYC Fitness does not monitor profile pictures but reserves the right to do so and to remove inappropriate material and/or terminate CYC Fitness Website Services accounts, in its sole discretion. Inappropriate pictures should be reported to questions@cycfitness.com.
Fees
You acknowledge that CYC Fitness charges fees for some of its services and merchandise, and CYC Fitness reserves the right to change its fees from time to time in its discretion. If CYC Fitness terminates your account or revokes your privileges to use CYC Fitness's services because you have breached these Terms of Service or any other agreement governing your relationship with CYC Fitness, you may not be entitled to a refund of any unused portion of any reservation or other fees. Nothing in this paragraph is intended to conflict with or supersede any other CYC Fitness policies regarding use of services, facilities, fees and/or refunds.
Links/Third Party Websites
The CYC Website Services may contain links to third party websites that are not owned or controlled by CYC Fitness, such as social networking websites. A link to a non-CYC Fitness website does not mean that CYC Fitness endorses or accepts any responsibility for the content, or the use, of such website. CYC Fitness has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.
Intellectual Property
CYC Fitness and the CYC Fitness logo are service marks, trademarks, and/or trade dress of CYC Fitness or otherwise proprietary to CYC Fitness and may not be used by you for any reason other than as expressly permitted by these Terms of Service. "CYC," "CYC Fitness," "CYC Fitness, Inc." and other graphics, logos, designs, page headers, button icons, scripts and service names are trademarks, trade names, trade dress or other intellectual property of CYC Fitness in the U.S. and/or other countries for which applications are pending. CYC Fitness's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of CYC Fitness.
CYC Fitness may have copyright, trade dress, trademark or other intellectual property rights in the Website content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and the Website software. You have the right to view, electronically copy, and print in hard copy portions of this Website for personal, non-commercial use.
Any other use of materials on this Website or any CYC Fitness intellectual property, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of CYC Fitness is strictly prohibited and may subject you to legal action.
If you are a copyright owner who believes that a profile picture or other work belonging to you has been copied on the Website in a way that constitutes copyright infringement, please provide the following information to questions@cycfitness.com:
- Your name, address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Security And Usage Restrictions
You agree not to circumvent, disable or otherwise interfere with the security and functionality of the CYC Website Services or of features that prevent or restrict use or copying of any content or that enforce limitations on use of the CYC Website Services or the content therein.
You agree to use the Website only for personal, non-commercial use.
You agree that you will not use any robot, spider, crawler, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the website or its content.
Failure to abide by these provisions may subject you to civil or criminal legal action and may result in termination of your CYC Fitness account or in termination of your license to use the CYC Website Services or CYC Fitness's facilities and other services.
Submissions
Should you submit any comments, suggestions, ideas, drawings or concepts to CYC Fitness, you grant an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the submission. CYC Fitness will not provide you with compensation and may not provide you with attribution for any submission. You warrant that your submission is original to you and that no other party has any rights to the material. You understand that CYC Fitness under no obligation to use your submission, that we may already have similar ideas under development, and that we will not treat your submission as confidential or proprietary.
Disclaimer
YOU AGREE THAT YOUR USE OF THE CYC FITNESS WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, CYC FITNESS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. CYC FITNESS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR DEATH OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE OR FROM THE CONDUCT OF ANY USERS OF THE CYC FITNESS SERVICES, WHETHER ONLINE OR OFFLINE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE CYC FITNESS WEBSITE. CYC FITNESS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE CYC FITNESS WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND CYC FITNESS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. THE CYC FITNESS SERVICES ARE PROVIDED "AS-IS" AND AS AVAILABLE AND CYC FITNESS EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. CYC FITNESS CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE CYC FITNESS SERVICES.
Limitation of Liability
IN NO EVENT SHALL CYC FITNESS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE CYC FITNESS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Assignment / Third Parties
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by CYC Fitness without restriction.
Governing Law, Venue and Jurisdiction
These Terms of Service shall be governed by the substantive laws of the State of New York, without respect to its conflict of laws principles. Any claim or dispute between you and CYC Fitness that arises in whole or in part from the CYC Website Services shall be decided exclusively by binding arbitration or a court of competent jurisdiction, in accordance with the "Arbitration" section below, located in New York, New York, and you hereby consent to, and waive all defenses of lack of personal jurisdiction over you and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of New York.
Entire Agreement
These Terms of Service, together with the Privacy Policy and any other legal notices published by CYC Fitness on the Website, including the Social Seating Policy (if applicable), shall constitute the entire agreement between you and CYC Fitness concerning your use of the CYC Website Services. If any provision of these polices or notices is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and CYC Fitness's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
YOU AND CYC FITNESS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE CYC FITNESS WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Arbitration
YOU AND CYC FITNESS AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF SERVICE, THE WEBSITE AND/OR THE CYC WEBSITE SERVICES SHALL BE FINAL AND BINDING ARBITRATION.
Either CYC Fitness or you may demand that any dispute between CYC Fitness and you about or involving the CYC Website Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in New York, New York, USA, provided that the foregoing shall not prevent CYC Fitness from seeking injunctive relief in a court of competent jurisdiction.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED.
Questions
Please contact us at: questions@cycfitness.com with any questions regarding these Terms of Service.