By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site, booking classes on the Site, or contributing content or other materials to the Site, you agree to be bound by these Terms of Service. Capitalized terms are defined in this Agreement. These Terms of Service set forth the legally binding terms for your use of Spiderbands. You are only authorized to use the Spiderbands Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to these Terms of Service. Please read these Terms of Service carefully. If you do not agree with it, you should leave the Spiderbands website and discontinue use of Spiderbands Services immediately. If you wish to become a Member, you must read these Terms of Service and indicate your acceptance during the registration process.
In order to access some features of the website, you will have to create a Spiderbands account. 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 us immediately of any breach of security or unauthorized use of your account.
PERSONAL BELONGINGS/RISK OF LOSS
You agree that Spiderbands is in no way responsible for the safekeeping of your personal belongings while you are present in the studio. You assume all risk of loss for any of your personal belongings.
RESERVATIONS AND CHARGES FOR CLASS
In order to make a reservation, you must create a Member login (e-mail and password). You must first buy a single class or a series of classes. To buy an individual class or series of classes online, you can login online by using your e-mail and creating a password, or if you are already registered, click login to buy a series and make your reservation.
Classes do expire. The expiration dates are posted in the description of the class or series of classes on the Website and the App and listed on your receipt. If, however, you cannot book a ride/class in time, just give us a call, stop by the studio, or e-mail us and we can help you.
Future class prices are subject to change, but Spiderbands will honor your class or series of classes until the expiration date, regardless of whether there is a price increase in the interim. We accept MasterCard, Visa, Discover, and American Express. Cash payments may only be made in a Spiderbands studio.
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 Spiderbands may incur in its efforts to collect any unpaid balances from you.
CONSUMERS’ RIGHT TO CANCELLATION
You have the right to cancel your purchase of Spiderbands classes. In general, you may cancel your purchase of one class or a class series at any time before midnight of the fifth business day after the date of your purchase, excluding Sundays and holidays. To cancel, mail, e-mail or deliver a signed and dated notice which states that you are canceling your purchase, and send it to Spiderbands at email@example.com or write to us at Spiderbands, 12 East 14th Street, New York, NY 10003, Attn: Amanda Sauer.
Spiderbands will refund the purchase price of your unused classes within ten days after we receive your notice of cancellation. You have the option to receive the refund either to the original method of payment or Spiderbands store credit.
ADDITIONAL RIGHTS TO CANCELLATION
You or your representative may also cancel your purchase of a class or series of classes for any of the reasons listed below. To do so, you must give us written notice, by e-mail or certified or registered mail to Spiderbands at firstname.lastname@example.org or write to us at Spiderbands, 12 East 14th Street, New York, NY 10003, Attn: Amanda Sauer.
You may cancel your contract in any of the following circumstances.
If you become disabled and, as a result, cannot physically participate in a class you have purchased, and your condition is verified by a doctor, Spiderbands will refund you the purchase price of your unused class or classes.
If you die, Spiderbands will refund your representative the purchase price of your unused class or classes.
If you move your residence more than 25 miles from a Spiderbands studio location, you may cancel your purchase and Spiderbands will refund the purchase price of your unused class or classes. Depending upon where you live, you may be charged a cancellation fee.
If Spiderbands stops offering classes, you may cancel your purchase.
CANCELLATION POLICY FOR RESERVATIONS
In order to cancel a reservation in a Spiderbands class and return it to your account, you must unreserve by 6 PM the night prior to the class. Once your reservation is cancelled, the class will be returned to your account as a credit to be used at a future date; the class is not refunded. If you haven’t cancelled by 6 PM the night before, your scheduled class will be charged to your series.
You can cancel your reservation in the following ways:
Log into your account on the Website or the App, and, next to the class you wish to cancel, press “unreserve”.
Call or email the studio where you’re booked to cancel the class for you.
FOR PARTICIPANTS RUNNING LATE: We ask that you call the studio to let us know you are on the way.
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 Spiderbands and its subsidiaries, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in aerobic fitness classes and exercise equipment in association with the Classes and use of the 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.
You have read and thoroughly understand the Spiderbands Safety Instructions that are posted on Spiderbands’s Website, a hard copy of which was also provided to you by Spiderbands staff. 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 Spiderbands staff, you would be at physical risk using Spiderbands’s Classes and Facilities, you understand and agree that you may be denied access to the Classes and Facilities until you furnish Spiderbands with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing Spiderbands’s concerns and stating that Spiderbands’s concerns are unfounded.
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, whether sustained while using exercise equipment or not, (2) release, indemnify, and hold harmless Spiderbands, 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 you (a) have no medical or physical condition that would prevent you from properly using any of Spiderbands’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 Spiderbands’s Classes and Facilities, and should not be participating in any Classes.
WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
In no event will Spiderbands 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, your purchase of Spiderbands classes, your rights to cancel your purchase of Spiderbands classes, your registration for classes, your purchase of merchandise, your communication with Spiderbands, and your use of and attendance at Spiderbands’s studios, including without limitation, any lost profits, business interruption, loss of programs, or other data on your information handling systems or otherwise, including any claims waived by you previously in this agreement even if Spiderbands expressly advised of the possibility of such damage.
All information, goods, services, products and experiences are provided by Spiderbands on an “as is” basis only. The entire risk as to the quality and performance of the goods, services, products and experiences remains with you. Should the goods, services, products and/or experiences prove defective after purchase, you assume the entire cost of such defect. Spiderbands provides no representations and warranties, express or implied, including the implied warranties of fitness for a particular purpose, merchantability, and non-infringement.
ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
- Informal Dispute Resolution
At Spiderbands, are committed to providing you a world class fitness experience and helping you achieve your fitness goals in a fun and challenging environment. If we fail to meet your expectations or you experience a problem while attending one of our classes or participating in one of our events, we would like to hear from you and be given the opportunity to address the issue and win your loyalty. You e-mail me at email@example.com or write to us at Spiderbands, 12 East 14th Street, New York, NY 10003, Attn: Amanda Sauer. Please indicate CUSTOMER COMPLAINT and provide your name, address, date of the incident, a short explanation of the problem and your desired resolution.
- Arbitration Agreement
By accepting the Terms, you and Spiderbands agree to submit any and all Disputes (as defined below) to binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), which shall govern the interpretation and enforcement of this arbitration agreement (“Arbitration Agreement”). Arbitration shall be before either (1) JAMS (formerly known as Judicial Arbitration and Mediation Services), www.jamsadr.com, or (2) the American Arbitration Association (“AAA”), www.adr.org. If you initiate arbitration, you shall have the choice as between these two arbitration forums; if Spiderbands initiates arbitration, it shall have the choice as between these two arbitration forums.
WE EACH AGREE THAT, EXCEPT AS PROVIDED IN THE DEFINITION OF DISPUTES BELOW, ANY AND ALL DISPUTES WHICH ARISE AFTER YOU ENTER INTO THESE TERMS AND CONDITIONS WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT BY A JUDGE OR JURY, IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.
- Class Action Waiver
You agree that the arbitration of any Dispute (as defined below) shall be conducted on an individual, not a class-wide basis, and that no such arbitration proceedings may be consolidated with any other arbitration or other legal proceedings involving Spiderbands or any other person. You further agree that you, and anyone asserting a claim through you, will not be a class representative, class member, or otherwise participate in a class, representative, or consolidated proceeding against Spiderbands. We and you agree that the arbitrator of any Dispute between us may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claim (such as a class action, representative action, consolidated action or private attorney general action).
If this class action waiver (“Class Action Waiver”) clause or any portion thereof is found to be illegal or unenforceable, then the Arbitration Agreement will be unenforceable, and the Dispute will be decided by a court. Any claim that all or part of the Class Action Waiver is invalid, unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
- Definition of Dispute
Except as described below, the term “Dispute” in this Arbitration Agreement and the Class Action Waiver means any dispute, claim, or controversy between you and Spiderbands regarding any aspect of your relationship with Spiderbands, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal, statutory or equitable theory, and includes the validity, enforceability or scope of the Terms except for the scope, enforceability and interpretation of this Arbitration Agreement and Class Action Waiver.
Dispute SHALL NOT include personal injury claims or claims for lost, stolen, or damaged property.
Dispute also SHALL NOT include; (1) claims that all or part of the Class Action Waiver is invalid, unenforceable, unconscionable, void or voidable; and (2) any claim for public injunctive relief, i.e., injunctive relief that has the primary purpose and effect of prohibiting alleged unlawful acts that threaten future injury to the general public. Such claims may be determined only by a court of competent jurisdiction and not by an arbitrator.
- How Will the Arbitration Work?
Either you or Spiderbands may initiate arbitration proceedings. The arbitration will be conducted before a single arbitrator. The arbitration will be an individual arbitration, and shall in no event be commenced as a representative or class arbitration.
If you or Spiderbands initiate arbitration, you and we have a choice of doing so before JAMS or the AAA:
For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267.
Which particular rules apply in AAA arbitration will depend on how much money is at issue. For less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes/Consumer Arbitration Rules will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879.
As set forth in the section of these Terms regarding Choice of Law, the arbitrator shall apply New York law.
If required for the enforceability of this Arbitration Agreement under the Federal Arbitration Act, Spiderbands will pay all arbitrator’s costs and expenses. If not, those costs will be paid as specified in the above-referenced rules.
- Where Will the Arbitration Be Held?
You can bring the arbitration in either New York or in the state where you live if there is a JAMS or AAA in that state. In the event that Spiderbands initiates an arbitration, it will only do so in the state where you live before either JAMS or AAA, unless there is no JAMS or AAA in your state, in which case Spiderbands may initiate the arbitration in New York.
LIMITATION OF LIABILITY
By signing your initial “Participant” contract and/or attending classes, events, activities, and other programs and using the Spiderbands studio facilities and equipment, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in the strenuous nature of the Spiderbands workout program, you hereby acknowledge that you have voluntarily chosen to participate in an intense physical exercise program. You understand that Spiderbands strongly recommends that you consult with a physician prior to commencing any classes. By signing this document, you acknowledge that you have been fully informed of the strenuous nature of this exercise program and the possibility of adverse physiological occurrences including, but not limited to: abnormal blood pressure, fainting, heart attack or death. By signing this document, you assume all risk for your health and well-being, and fully release and hold harmless for any responsibility, cost or damages Spiderbands, its instructors, members and employees. You hereby acknowledge that you, and any minor* under your care, fully release Spiderbands from all liability. No one under 15 may participate. A minor aged 15-18 may participate with a parent present.
The content on the Spiderbands website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Spiderbands, subject to copyright and other intellectual property rights under the law. Content on the website is provided to you as is for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Spiderbands reserves all rights not expressly granted in and to the website and the Content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the website or services, provided by you to Company are non-confidential and shall become the sole property of Spiderbands.
You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the website or the Content therein.
- The Information We Collect About You
We collect information about you directly from you (both online and in store) and from third parties, as well as automatically through your use of our Website, App, or Services.
Information We Collect Directly From You. We collect information from you when you contact us, register with our Website or App, reserve classes, make a purchase, or otherwise interact with our Website or our App. The type of information that we collect varies based on your interaction with us and may include: your name, email address, password, and phone number, and, if you make a purchase from us, payment information, purchase history, and shipping address. We also may collect information about your workout preferences, such as your bike size and settings, and your shoe size preferences. If you provide this information directly to one of our studio attendants, we may associate this information with your account (e.g., if you sign up for a class while you are in the studio).
Information We Collect from Third Parties. To create an account and participate in one of our classes, we need emergency contact information for our customers. When a customer creates an online account with us, we will collect the name and phone number of their emergency contact. Our customers also may provide us information about their friends, e.g., so that we can invite others to try our classes.
Information We Collect Automatically. We automatically collect information about your use of our Website and App through cookies, web beacons, and other technologies, including technologies designed for mobile apps. We combine this information with other information we collect about you as well as use this information to identify you across your multiple devices. Please see the section “Cookies and Other Tracking Mechanisms” below for more information.
Your browser type and operating system.
Web pages you view; links you click; your IP address.
The length of time you visit our Site and or use our Services.
The referring URL or the webpage that led you to our Site.
Mobile device ID; device name and model; operating system type, name, and version.
Activities within the App; and the length of time that you are logged into our App.
Location information. With your permission, we will collect location information from your mobile device to help you locate the nearest SPIDERBANDS location and to send you push notifications, such as promotional notices when you are near a studio. You may turn off this feature through the location settings on your mobile device.
Calendar. With your permission, we may access your mobile device’s calendar to help you keep track of your upcoming classes.
Contact list. With your permission, we may access your contacts to allow you to identify your emergency contact and upload their contact information.
Automatically Collected In-Store Information. Our studios are monitored 24 hours a day by closed circuit television. We use this information predominantly for loss prevention and safety purposes. We may share this information as permitted by law to protect our rights and interests, the rights and interests of others, and as otherwise permitted by law.
- How We Use Your Information
We use your information, including your personal information, for the following purposes, and as otherwise permitted by law:
To provide our services to you, to communicate with you about your use of our services, to respond to your inquiries, to fulfill your orders, and for other customer service purposes.
To tailor the content and information that we may send or display to you, to offer location customization, and personalized help and instructions, and to otherwise personalize your experiences while using the Website and App.
For marketing and promotional purposes. For example, as permitted by applicable law, we may use your information, such as your email address, to send you news and newsletters, special offers, and promotions, or to otherwise contact you about products or information we think may interest you, including information about third party products and services. We also may use the information that we learn about you to assist us in advertising our services on third party websites and social networking sites.
To send you push notifications (you may opt-out through the settings in your device).
To better understand how users access and use our Website and App, both on an aggregated and individualized basis.
To evaluate, improve, or modify our Website, App, and Services, including our services offered in our studios.
For research and analytical purposes.
To administer our Spread the Spiderbands and other customer loyalty programs.
To administer surveys and questionnaires.
To comply with applicable legal obligations, including responding to a subpoena or court order.
For other business-related purposes, including, for example, in the context of merger, acquisition, sale/purchase of assets, or bankruptcy.
To protect us and others.
- How We Share Your Information
We may share your information, including personal information, as follows:
Affiliates. We may disclose the information we collect from you to our affiliates or subsidiaries; however, if we do so, their use and disclosure of your personal information will be subject to this Policy.
Service Providers. We may disclose the information we collect from you to third party vendors, service providers, contractors or agents who perform functions on our behalf. For example, we share your information, both on an individual basis or in the aggregate, with third parties to assist us in advertising our products and services and to assist us in determining relevant advertising. These third parties may include entities that assist us and other companies with communicating with you and serving advertisements to you, including advertisements on third party websites, social media platforms, as well as through push notifications and email. Please see E. Third-Party Ad Networks/Social Networks for additional information about Website and App advertising. We do not, however, share your personal information with third parties for their own direct marketing purposes.
We may also share information in the following circumstances:
Business Transfers. If we are acquired by or merged with another company, if some or all of our assets are transferred to another company, or as part of a bankruptcy proceeding, we may transfer the information we have collected from you to the other company.
In Response to Legal Process. We also may disclose the information we collect from you in order to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a court order or a subpoena.
To Protect Us and Others. We also may disclose the information we collect from you where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms and Conditions or of this Policy, or as evidence in litigation in which SPIDERBANDS is involved.
Aggregate and De-Identified Information. We may share aggregate or de-identified information about users with third parties for marketing, advertising, research or similar purposes.
Cookies. Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Website and our App, while others are used to enable a faster log-in process or to allow us to track your activities at our Website or our App.
Disabling Cookies. Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Visitors to our Website who disable cookies will be able to browse certain areas of the Website, but some features may not function.
Clear GIFs, pixel tags and other technologies. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on web pages. We may use clear GIFs (a.k.a. web beacons, web bugs, or pixel tags), in connection with our Website and our App to, among other things, track the activities of our Website visitors and App users, help us manage content, and compile statistics about Website and App usage. We and our third party service providers also use clear GIFs in HTML emails to our customers, to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded.
Cross Device Use. We may use the information that we collect about you (whether directly from you from our Site, App, or in-store purchase activities, through your device(s), or from a third party) to help us and our third-party service providers identify other devices that you use (e.g., a mobile phone, tablet, other computer, etc.). We, and our third-party service providers, also may use the cross-device tracking and other information we learn about you to serve targeted advertising on your devices, to send you push notifications, and to send you emails. To opt-out of cross-device advertising, you may follow the instructions set forth in the Third-Party Ad Network section below. Please note: if you opt-out of these targeted advertising cookies, your opt-out will be specific to the web browser or mobile device from which you accessed the opt-out. If you use multiple devices or browsers, you will need to opt-out each browser or device that you use.
Do-Not-Track. There is no industry do-not-track standard; SPIDERBANDS has processes in place that are designed to recognize web browser “do-not-track” signals. The Help portion of the toolbar on most browsers will tell you how to use your web browser’s do-not-track feature. Please be advised that we cannot guarantee that our processes will capture all such do-not-track signals. You also may disable certain tracking as discussed in this section (e.g., by disabling cookies); you may opt-out of targeted advertising by following the instructions in the Third-Party Ad Network section.
- Third-Party Ad Networks/Social Networks
Users in the United States may opt out of many third-party ad networks, including those we work with on our Website and App. For example, you may go to the Digital Advertising Alliance (“DAA”) Consumer Choice Page for information about opting out of interest-based advertising and their choices regarding having information used by DAA companies. You may also go to the Network Advertising Initiative (“NAI”) Consumer Opt-Out Page for information about opting out of interest-based advertising and their choices regarding having information used by NAI members.
Opting out from one or more companies listed on the DAA Consumer Choice Page or the NAI Consumer Opt-Out Page will opt you out from those companies’ delivery of interest-based content or ads to you, but it does not mean you will no longer receive any advertising through our Site or on other websites. You may continue to receive advertisements, for example, based on the particular website that you are viewing (i.e., contextually based ads). Also, if your browsers are configured to reject cookies when you opt out on the DAA or NAI websites, your opt out may not be effective. Additional information is available on the DAA’s website at www.aboutads.info or the NAI’s website at www.networkadvertising.org.
- Third-Party Links
Our Website and App may contain links to third-party websites. Any access to and use of such linked websites is not governed by this Policy, but instead is governed by the privacy policies of those third-party websites. We are not responsible for the information practices of such third-party websites.
- Security of My Personal Information
We have implemented commercially reasonable precautions to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite these measures, no data security measures can guarantee security.
You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.
- Access to My Personal Information
You may modify personal information that you have submitted by logging into your account and updating your profile information. Please note that copies of information that you have updated, modified or deleted may remain viewable in cached and archived pages of the Site or App for a period of time.
- What Choices Do I Have Regarding Promotional Emails?
We may send periodic promotional emails to you. You may opt-out of our promotional communications by following the opt-out instructions contained in the email. Please note that it may take up to 10 business days for us to process opt-out requests. If you opt-out of receiving promotional emails about recommendations or other information we think may interest you, we may still send you emails about your account or any Services you have requested or received from us.
- Contact Us
If you have questions about the privacy aspects of our Services or would like to make a complaint, please contact us at firstname.lastname@example.org.
- Changes to this Policy
This Policy is current as of the Effective Date set forth below. We may change this Policy from time to time, so please be sure to check back periodically. We will post any changes to this Policy on our Website and App. If we make any changes to this Policy that materially affect our practices with regard to the personal information we have previously collected from you, we will endeavor to provide you with notice in advance of such change by highlighting the change on our Website and App.