TERMS and CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

These terms govern your use of the SurroundCycle website (the “Website”) and the SurroundCycle mobile application (the “App”). The Website and the App are designed to allow users to make class/series purchases, register for classes, book bikes, buy merchandise, and communicate with AWin, LLC, d/b/a SurroundCycle. (“SurroundCycle”). These terms also set forth the legally binding terms for your use of our SurroundCycle services. By using the SurroundCycle services you agree to be bound by these terms and conditions, whether you are a "Visitor" (which means that you simply browse the SurroundCycle website) or you are a "Member" (which means that you have registered with SurroundCycle and/or purchased one or more SurroundCycle classes). The term "User" refers to a Visitor or a Member. You are only authorized to use the SurroundCycle services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to these terms and conditions. Please read these terms of and conditions carefully and save it. If you do not agree with it, you should leave the SurroundCycle website and discontinue use of the SurroundCycle services immediately. If you wish to become a Member, you must read these terms and conditions and indicate your acceptance during the registration process.

General Statement on Privacy, Personal Data, and Communications

If you use the Website or the App, you are responsible for maintaining the confidentiality of your account, password, and for restricting access to your computer or device. You agree to accept responsibility for all activities that occur under your account and password.

When you visit the Website, use the App, or communicate with SurroundCycle via email, you are communicating electronically. You consent to receive communications from SurroundCycle electronically. SurroundCycle will communicate with you by email or by posting notifications on the Website and/or the App. You understand and agree that all agreements, notices, disclosures, and other communications that SurroundCycle provides electronically satisfy any legal requirement that such communications be in writing.

SurroundCycle Account

In order to access some features of the website, you will have to create a SurroundCycle account. You may never use another person’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify SurroundCycle immediately of any breach of security or unauthorized use of your account. Although SurroundCycle will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of SurroundCycle or others due to such unauthorized use.

User Provided Information

SurroundCycle does not collect any personal information about individuals – such as names and postal codes, home addresses, and email addresses – except when such information is knowingly provided by you to SurroundCycle. Personal information might be obtained from online transactions such as class/series purchases, retail purchases, and/or class registrations. Additionally, personal information may be transmitted as part of a form submission or in connection with other activities or services made available on the Website or App. Any personal identification information retrieved by SurroundCycle must be voluntarily submitted by the user. SurroundCycle may use the information provided to contact you with important information, required notices, and marketing promotions.

Fees and/or Class Purchases

You acknowledge that SurroundCycle charges fees for its services, and SurroundCycle reserves the right to change its fees from time to time in its discretion. If SurroundCycle terminates your membership because you have breached these terms and conditions, you may not be entitled to a refund of any unused portion of membership or other fees.  In addition, any monthly, annual or class packages you have purchased are non-refundable no matter what the reason.  

Password

When you sign up to become a member, you will also be asked to 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 member at any time or to disclose your password to any third party. You agree to notify SurroundCycle 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.

Automatically Collected Information

The Website and App collect some anonymous information about Users automatically when individuals request pages through a browser. This information is used to keep track of the shopping cart and to help us monitor how individuals use the Website and App, which allows SurroundCycle to provide an optimal experience and better service throughout the online offerings. The information collected automatically by the server does not contain anything that can identify individuals personally, such as an email or home address.

Security Statement

SurroundCycle makes every effort to ensure that all of the transactions that occur on the Website and App are secure and we are concerned about safeguarding the confidentiality of your information. However, please be aware that although we endeavor to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.

Cookies

A cookie is a small text file that is sent to your browser from a website and stored on your computer’s hard drive. Cookies cannot read data from your hard disk or read cookie files that were created by other sites – the website that creates a cookie is the only one a browser will permit to access it. Like many other websites and applications, the Website and App use cookies to obtain certain types of information. For example, SurroundCycle might use cookies to control access to certain features such as your password and account, to customize content areas, or to analyze site activity and user behavior. SurroundCycle reserves the right to use cookies in the future in conjunction with new content or expanded functionality. If you are concerned about the use of cookies, you can explore your web browser’s options to notify you whenever a cookie is set, or to disallow cookies altogether. You should be aware that prohibiting the use of cookies will significantly restrict access to certain types of content or features.

How The Information You Provide Might Be Used

The following are examples of how SurroundCycle might use the personal information collected through the Website and/or App:

-  If you purchase a SurroundCycle series, sign up for a SurroundCycle class, or purchase SurroundCycle retail items, the required personal information (similar to that provided during a telephone or mail order purchase) will be used to complete your order.

-   If you indicate that you are interested in receiving SurroundCycle related news and information, you may receive emails to the email address you provided as part of the registration process.

For the non-personally identifiable information collected throughout the Website or App:

-   Aggregate data could be analyzed to describe the collective characteristics and behaviors of online visitors, and subsequently be used to further optimize the effectiveness of the Website, the App, and the overall SurroundCycle experience.

You can help SurroundCycle maintain the accuracy of your personal information by updating your account. Please update this information when you change your address, phone number, or email address. SurroundCycle will never share telephone numbers, email addresses, or any personal data with third parties.

SurroundCycle reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders, at its sole discretion.       

Privacy of Minors

If you are under 18, you may register and use the Website and App only with the involvement of a parent or guardian. SurroundCycle 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. If SurroundCycle discovers that personal information has been submitted by a minor without a signed participant/registration waiver, SurroundCycle reserves the right to delete such information.

Reservations/Charges

In order to make a reservation, you must first own a single class or a series (multiple classes). To buy an individual class or series online, you can either sign up here by using your email and creating a password, or if you are already registered, click login to buy a series and make your reservation.

We accept MasterCard, Visa, and American Express. Cash payments may only be made in our SurroundCycle studio. You can reserve classes online up to 1 week in advance, but not later than 1 hour prior to class time.

Your credit/debit card will be charged for your order when you submit your reservation. SurroundCycle will not process reservation charges that use an incorrect, expired, or over-the-limit credit card. We will make our best efforts 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 SurroundCycle may incur in its efforts to collect any unpaid balances from you.

Cancellation Policy

In order to cancel a bike reserved in a SurroundCycle class and return it to your account, you must cancel the reservation 1 hour prior to the class. Once your bike is cancelled, the class will be returned to your account to be used at a future date; the class is not refunded. If you do not cancel your bike by 1 hour before, your scheduled class will be charged to your series.

You can cancel your reservation in the following ways:

1) Log into your account and, next to the class you wish to cancel, press "unreserve."

2) Call the studio to cancel the class for you.

Please arrive 15 minutes before class in order to prepare for your ride. PLEASE BE AWARE THAT IF YOU DO NOT ARRIVE ON TIME, BIKES WILL BE RELEASED 4 MINUTES BEFORE CLASS BEGINS.

FOR RIDERS 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 though we cannot guarantee you will be given the bike you signed up for. Riders who are more than 10 minutes late will not be admitted into class in fairness to our other customers.

FOR RIDERS LEAVING EARLY: If you're planning on leaving early, we kindly request that you tell the instructor ahead of time.

OUR REFERRAL PROGRAM:  If you have purchased any packages with us, and you bring in a new customer who rides in a class, you will be credited with a free ride!  Just tell us at the desk that you are "Referring a Friend."

Intellectual Property Rights

The logo and name “SurroundCycle” are proprietary to SurroundCycle and may not be used by you for any reasons other than as expressly permitted by these terms. All Website and App content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are property of, or duly licensed to, SurroundCycle. You have the right to view, electronically copy, and print in hard copy portions of the Website and App 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 SurroundCycle, is strictly prohibited.

Data Mining

You are not authorized without the prior written permission of SurroundCycle 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 App or accessed through this Website and/or App. You also may not engage in the mass downloading of files from this Website and/or App; use the computer processing power of this Website and/or App 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.

Use of 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 SurroundCycle’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/or App in connection with the sale or resale of any SurroundCycle products or for other commercial purposes; or (iii) create, reproduce and/or distribute any materials derived from the content provided on this Website and/or App. Furthermore, SurroundCycle’s material may not be displayed or communicated on any other website and/or app, in a networked computer environment or other digital support for any purpose whatsoever. In the event of breach of any of these terms and conditions, User’s permission to use SurroundCycle’s material will automatically terminate and any copies made of SurroundCycle’s material must be immediately destroyed.

Any unauthorized use of SurroundCycle’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.

Warranty Disclaimer and Limitation of Liability

In no event will SurroundCycle be liable for any direct, indirect, special, or other consequential damages resulting from your use of the Website, the App, or on any other linked/third-party website, from any errors, mistakes, inaccuracies of content, personal injury or property damage of any kind whatsoever resulting from your access to and use of the Website or App, any unauthorized access to or use of any and all personal and/or financial information stored therein, any bugs, viruses, Trojan horses, or the like  which may be transmitted to or through our Website or App, and/or any errors or omissions of any kind incurred as a result of your use of any content posted, emailed, transmitted or otherwise made available via the SurroundCycle website.  This limitation of liability is intended to be interpreted as broadly as possible, including a limitation of any lost profits, business interruption, loss of programs, or other data, including any claims waived by you previously in this agreement even if SurroundCycle has been expressly advised of the possibility of such damage. All information is provided by SurroundCycle on an “as is” basis only. SurroundCycle provides no representations and warranties, express or implied, including the implied warranties of fitness for a particular purpose, merchantability, and non-infringement.

Security Cameras

            For the health and safety of our customers, SurroundCycle has installed security cameras in several of the public areas at the Location. By agreeing to these terms and conditions, I grant to SurroundCycle the right, without reservation or limitation, to videotape and/or record my image on those security cameras.  In addition, photographs or video is sometimes taken of classes for marketing purposes.  Unless you inform our front desk personnel of your objection to this use and specifically opt out, you hereby waive all objections to our use of the photographs and video we may take for these purposes. 

Waiver and Release

By signing up for and/or attending classes, events, activities, and other programs and using the premises, facilities and equipment (individually and/or collectively, the “Classes and Facilities”) of SurroundCycle, you hereby acknowledge on behalf of yourself, your 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. You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You 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.  In consideration of being allowed to participate in and access the Classes and Facilities, you hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the Classes and Facilities, (2) release, indemnify, and hold harmless SurroundCycle, its 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 you (a) have no medical or physical condition that would prevent you from properly using any of SurroundCycle’s Classes and Facilities, (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. You acknowledge that if you have any chronic disabilities or conditions, you are at risk in using SurroundCycle’s Classes and Facilities, and should not be participating in any Classes.

In addition, you further agree that at all times you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by staff. If in the subjective opinion of the SurroundCycle staff you would be at physical risk participating in SurroundCycle’s classes, you understand and agree that you may be denied access to the Classes and Facilities until you furnish SurroundCycle with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing SurroundCycle’s concerns and stating that SurroundCycle’s concerns are unfounded.

Choice of Law

The Website, App, and your use hereof, is governed by the laws of the Commonwealth of Pennsylvania, without regard to Pennsylvania’s choice of law provisions. Any claim arising out of your use of this Website or App must be brought in Pennsylvania.

Policy Changes

Occasional changes may be made to this document as new services and content are added to the Website or App to reflect changes in SurroundCycle’s policies. The terms and conditions may be revised at any time by updating this posting. By using the Website or App, you agree to be bound by any such revisions. Users of the Website and App are encouraged to check this document periodically to stay informed of current privacy guidelines.

Acceptance of Terms

By using the Website or App, you signify your acceptance of the terms and conditions. If you do not agree to this, please refrain from using the Website or App. Your continued use of the Website or App following the posting of changes to these terms will indicate your acceptance of those changes.

Dispute Resolution - Arbitration

YOU AND SURROUNDCYCLE 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 SERVICES (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICES) 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 SurroundCycle or you may demand that any dispute between SurroundCycle and you about or involving SurroundCycle’s services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Pennsylvania, provided that the foregoing shall not prevent SurroundCycle 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 SERVICES, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED.

Account Termination Policy

SurroundCycle retains the right to terminate a User's access to our website if we determine, in our sole discretion, that a User has violated these terms and conditions, or any other policy of SurroundCycle.