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Terms of Service

 

The Momentum Cycling & Fitness Web Site is comprised of various Web pages operated by Momentum Cycling & Fitness. The Momentum Cycling & Fitness Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Momentum Cycling & Fitness Web Site constitutes your agreement to all such terms, conditions, and notices.

 

MODIFICATION OF THESE TERMS OF USE:  Momentum Cycling & Fitness reserves the right to change the terms, conditions, and notices under which the Momentum Cycling & Fitness Web Site is offered, including but not limited to the charges associated with the use of the Momentum Cycling & Fitness Web Site.
 

LINKS TO THIRD PARTY SITES: The Momentum Cycling & Fitness Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Momentum Cycling & Fitness and Momentum Cycling & Fitness is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Momentum Cycling & Fitness is not responsible for webcasting or any other form of transmission received from any Linked Site. Momentum Cycling & Fitness is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Momentum Cycling & Fitness of the site or any association with its operators.
 

NO UNLAWFUL OR PROHIBITED USE:  As a condition of your use of the Momentum Cycling & Fitness Web Site, you warrant to Momentum Cycling & Fitness that you will not use the Momentum Cycling & Fitness Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Momentum Cycling & Fitness Web Site in any manner which could damage, disable, overburden, or impair the Momentum Cycling & Fitness Web Site or interfere with any other party's use and enjoyment of the Momentum Cycling & Fitness Web 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 Momentum Cycling & Fitness Web Sites.
 

USE OF COMMUNICATION SERVICES:  The Momentum Cycling & Fitness Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

 

* Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
* Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
* Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
* Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
* Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
* Conduct or forward surveys, contests, pyramid schemes or chain letters.
* Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
* Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
* Restrict or inhibit any other user from using and enjoying the Communication Services.
* Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
* Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
* Violate any applicable laws or regulations.

 

Momentum Cycling & Fitness has no obligation to monitor the Communication Services. However, Momentum Cycling & Fitness reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Momentum Cycling & Fitness reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

 

Momentum Cycling & Fitness reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Momentum Cycling & Fitness's sole discretion.

 

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Momentum Cycling & Fitness does not control or endorse the content, messages or information found in any Communication Service and, therefore, Momentum Cycling & Fitness specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Momentum Cycling & Fitness spokespersons, and their views do not necessarily reflect those of Momentum Cycling & Fitness. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

 

Momentum Cycling & Fitness does not claim ownership of the materials you provide to Momentum Cycling & Fitness (including feedback and suggestions) or post, upload, input or submit to any Momentum Cycling & Fitness Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Momentum Cycling & Fitness, its affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. Momentum Cycling & Fitness is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Momentum Cycling & Fitness's sole discretion.

 

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

 

Collection of your Personal Information:
 Momentum Cycling & Fitness collects personally identifiable information, such as your e-mail address, name, home or work address or telephone number. Momentum Cycling & Fitness also collects anonymous demographic information, which is not unique to you, such as your ZIP code, age, gender, preferences, interests and favorites.

 

There is also information about your computer hardware and software that is automatically collected by Momentum Cycling & Fitness . This information can include: your IP address, browser type, domain names, access times and referring Web site addresses. This information is used by Momentum Cycling & Fitness for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Momentum Cycling & Fitness Web site.

 

Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through Momentum Cycling & Fitness public message boards, this information may be collected and used by others.

 

USE OF YOUR PERSONAL INFORMATION:
  Momentum Cycling & Fitness collects and uses your personal information to operate the Momentum Cycling & Fitness Web site and deliver the services you have requested. Momentum Cycling & Fitness also uses your personally identifiable information to inform you of other products or services available from Momentum Cycling & Fitness and its affiliates. Momentum Cycling & Fitness may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.

 

Momentum Cycling & Fitness does not sell, rent or lease its customer lists to third parties. Momentum Cycling & Fitness may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. In addition, Momentum Cycling & Fitness may share data with trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Momentum Cycling & Fitness , and they are required to maintain the confidentiality of your information.

 

Momentum Cycling & Fitness does not use or disclose sensitive personal information, such as race, religion, or political affiliations, without your explicit consent.
Momentum Cycling & Fitness keeps track of the Web sites and pages our customers visit within Momentum Cycling & Fitness , in order to determine what Momentum Cycling & Fitness services are the most popular. This data is used to deliver customized content and advertising within Momentum Cycling & Fitness to customers whose behavior indicates that they are interested in a particular subject area.

 

Momentum Cycling & Fitness Web sites will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Momentum Cycling & Fitness or the site; (b) protect and defend the rights or property of Momentum Cycling & Fitness ; and, (c) act under exigent circumstances to protect the personal safety of users of Momentum Cycling & Fitness , or the public.

 

USE OF COOKIES:  
The Momentum Cycling & Fitness Web site use "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize Momentum Cycling & Fitness pages, or register with Momentum Cycling & Fitness site or services, a cookie helps Momentum Cycling & Fitness to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same Momentum Cycling & Fitness Web site, the information you previously provided can be retrieved, so you can easily use the Momentum Cycling & Fitness features that you customized.  You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Momentum Cycling & Fitness services or Web sites you visit.

 

SECURITY OF YOUR PERSONAL INFORMATION:
  Momentum Cycling & Fitness secures your personal information from unauthorized access, use or disclosure. Momentum Cycling & Fitness secures the personally identifiable information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other Web sites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol.
Accounts: In order to access some features of the website, you will have to create an 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 Momentum Cycling & Fitness immediately of any breach of security or unauthorized use of your account. Although Momentum Cycling & Fitness will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Momentum Cycling & Fitness or others.  Momentum Cycling & Fitness is committed to protecting your privacy and developing technology that gives you the most powerful and safe online experience. This Statement of Privacy applies to the Momentum Cycling & Fitness Web site and governs data collection and usage. By using the Momentum Cycling & Fitness website, you consent to the data practices described in this statement.

 

LIABILITY DISCLAIMER: The information, software, products, and services included in or available through the Momentum Cycling & Fitness web site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Momentum Cycling & Fitness and/or its suppliers may make improvements and/or changes in the web site at any time. Advice received via the web site should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation. Momentum Cycling & Fitness and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the momentum cycling & fitness web site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided "as is" without warranty or condition of any kind. Momentum Cycling & Fitness and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by applicable law, in no event shall Momentum Cycling & Fitness and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Momentum Cycling & Fitness web site, with the delay or inability to use the web site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the web site, or otherwise arising out of the use of the web site, whether based on contract, tort, negligence, strict liability or otherwise, even if Momentum Cycling & Fitness or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Momentum Cycling & Fitness web site, or with any of these terms of use, your sole and exclusive remedy IS TO DISCONTINUE USING THE Momentum Cycling & Fitness website & contact: summit@momentumnj.com

 

TERMINATION/ACCESS RESTRICTION: 
Momentum Cycling & Fitness reserves the right, in its sole discretion, to terminate your access to the Momentum Cycling & Fitness Web Site and the related services or any portion thereof at any time, without notice.
 

GENERAL:  To the maximum extent permitted by law, this agreement is governed by the laws of the U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in the U.S.A. in all disputes arising out of or relating to the use of the Momentum Cycling & Fitness Web Site. Use of the Momentum Cycling & Fitness Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Momentum Cycling & Fitness as a result of this agreement or use of the Momentum Cycling & Fitness Web Site. Momentum Cycling & Fitness's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Momentum Cycling & Fitness's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Momentum Cycling & Fitness Web Site or information provided to or gathered by Momentum Cycling & Fitness 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 Momentum Cycling & Fitness with respect to the Momentum Cycling & Fitness Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Momentum Cycling & Fitness with respect to the Momentum Cycling & Fitness Web 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 an d 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 drawn up in English.
 

COPYRIGHT AND TRADEMARK NOTICES:
 All contents of the Momentum Cycling & Fitness Web Site are: Copyright 2014 Momentum Cycling & Fitness and/or its suppliers. All rights reserved. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.
 

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT:  Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.
 

ALL SALES ARE FINAL:
  Momentum Cycling & Fitness packages are non-refundable. All sales are final. Please let us know if you have any outstanding circumstances to summit@momentumnj.com.  Merchandise, excluding gift cards and certificates, are returnable as long as in original condition for cash credit within 14 business days of purchase with receipt and for studio credit without receipt.
 

MINORS:  If you are under 18, you may register and use the Website only with the involvement of a parent or guardian. If you are under 13, you are unauthorized, unlicensed and in violation of the Terms. Minors (ages 13-17) who meet the minimum height requirement of 4”10” and who have submitted a Minor New Rider Waiver Form signed by a parent or guardian, may sign up for classes online.
 

CANCELLATIONS:  Classes must be cancelled at least 6 hours in advance of the class for a full class credit back to your account. Failure to cancel at least 6 hours prior will be considered a no-show and your account will be charged for the class as if you were in attendance. If you have a monthly unlimited package (30 days), one day will be deducted from your account.
 

PERSONAL INJURY AND PROPERTY LIABILITY WAIVER:  You agree that if you engage in any physical exercise or activity, use any facility, or are present on the premises, you do so at your own risk and assume the risk of any and all injury and/or damage you might sustain, regardless of whether such injury or damage arises out of or during physical exercise. Your assumption of risk includes but is not limited to your use of any exercise equipment (mechanical or otherwise), the locker room, sidewalk, parking lot, stairs, lobby area, or any other part or item in or around Momentum Cycling & Fitness. You agree to assume the risk of your participation in any activity, class, program, instruction, or sponsored event. You agree that you are voluntarily participating in the aforementioned activities and assume all risk, known and unknown, associated with using the facility, equipment and premises including, without limitation, any loss or theft of any personal property. You agree on behalf of yourself (and your spouse, all your, children, personal representatives, heirs, executors, administrators, agents, and assigns) to forever release and discharge Momentum Cycling & Fitness and our owners, employees, agents, representatives, affiliates, successors, and assigns from any and all claims or causes of action (known or unknown) arising out of the negligence of , whether active or passive, or that of any of its affiliates, employees, agents, representatives, successors, and assigns. This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) your use of any exercise equipment or facilities which may malfunction or break, (b) improper maintenance of any exercise equipment or facilities, (c) negligent instruction or supervision, including personal training, and (d) you slipping and falling while in the facility or any portion of the premises for any reason, including negligent inspection or maintenance of its facility. By executing this Agreement, you hereby agree to indemnify and hold harmless Momentum Cycling & Fitness from any loss, liability, damage, or cost may incur due to your presence at Momentum Cycling & Fitness. You further expressly agree that the foregoing release, waiver, and indemnity agreement is intended to be as broad and inclusive as permitted by the law of the state in which this agreement is entered into, and that if any portion of this agreement is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. This release is not intended as an attempted release of claims of gross negligence or intentional acts. You acknowledge that Momentum Cycling & Studio is not designed to and does offer a service to its members encompassing the entire fitness spectrum.