Terms & Conditions

 

 

***All customers of Nexcycle Studio and visitors of www.nexcyclestudio.com are subject to the Terms and Conditions expressed below.


TERMS OF SERVICE


Limitation of Liability: In no event shall NexCycle Corp. d/b/a NexCycle Studio (“NexCycle”), its officers, directors, employees or agents be liable to you for any direct, indirect, incidental, special, punitive or consequential damages whatsoever resulting from any (1) errors, mistakes or inaccuracies of content; (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website; (3) any unauthorized access to or use of our secured servers and/or any and all personal information and/or financial information stored therein; (4) any interruption or cessation of transmission to or from our website;(5) any bugs, viruses, trojan horses or the like, which may be transmitted to or through our website by any third party; and/or (6) 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 madeavailable via the NexCycle website, whether based on warranty, contract, tort or any other legal theory, and whether or not NexCycle 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.  You specifically acknowledge and agree that NexCycle,  its officers, directors, employees or agents shall not be liable for user submissions or the defamatory, offensive or illegal conduct of any third party and that the risk of harm and damage from the foregoing rests entirely with you.

Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the NexCycle website is not intended for children under 13. If you are under 13 years of age, then please do not use the NexCycle website.

Governing Law; Venue and Jurisdiction You agree that: (i) the NexCycle website shall be deemed solely based in New York; and (ii) the NexCycle website shall be deemed a passive website that does not give rise to personal jurisdiction over NexCycle, either specific or general, in jurisdictions other than New York. These Terms of Service shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Any claim or dispute between you and NexCycle that arises in whole or in part from the NexCycle website shall be decided exclusively by a court of competent jurisdiction located in Suffolk County, New York, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of New York.

These Terms of Service and any other legal notices published by NexCycle on the website, shall constitute the entire agreement between you and NexCycle concerning the NexCycle website. If any provision of these Terms of Service 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 NexCycle’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. NexCycle reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the NexCycle website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND NEXCYCLE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE NEXCYCLE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Arbitration YOU AND NEXCYCLE 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 USE, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the User conduct rules set forth above then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.

Either NexCycle or you may demand that any dispute between NexCycle and you about or involving the NexCycle 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 NexCycle 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.
 
Submissions You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the NexCycle website or the NexCycle Services, provided by you to NexCycle are non-confidential and shall become the sole property of NexCycle.  NexCycle shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of such information for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

RESERVATIONS:  
1. You can reserve a bike by purchasing a single or package series at our online reservation system or at the studio. If you have reserved a bike you must be at studio no later than 5 minutes prior to start time of class otherwise your bike will be released to walk-ins and you will not receive a class credit.
2. Nexcycle Studio accepts MC, Visa, Amex, check or cash.
3. Your credit or debit will be charged in the amount of your order when you submit your reservation.
4. Walk-in riders will be accepted on a first come first served basis depending on bike availability. In the event that the class is full bikes will be released to walk-ins at the start of each class. PLEASE NOTE: no walk-ins for 6am classes sign-up by 11pm night prior.

CANCELLATIONS & RETURNS:
1. To receive a class credit for a canceled spin class you must cancel your  spin class on our online reservation system at least 12 hours in advance of class start time and if you have any training package (1-on-1, buddy or small group) you must cancel at least 12 hours in advance of class start time.
2. Once you cancel a class, it is returned to your account to be used at a future date.
3. Spin classes not canceled by 12  hours prior and small group training not canceled 12 hours prior to scheduled time will be charged the normal class/training fee and no refunds or credits will be issued.
4. All class/training sales are final, no refunds will be given after the purchase. If you choose not to continue your series you are not eligible for a refund.
5. Each class/training series has an expiration date and must be used in the time frame stated, any unused classes/trainings after the expiration  date shall be deemed null & void.
6. If there is a medical reason that prevents you from riding or training you must present a doctors note at the time of the injury  (with in 1 week) stating what the injury is and how long you will not be able to participate. You may NOT come to us after the fact