Terms & Conditions.

THE LEGAL AGREEMENT (“Agreement”) SET OUT BELOW GOVERN YOUR USE OF THE MOI CYCLE PROGRAM, WEBSITE, MOi ID, RIDES, MUSIC, WRITTEN CYCLING CHARTS AND NOTES, CYCLING BOOK, EDUCATIONAL MATERIALS, ROLLOUT KIT, VIDEOS, AND MOBILE APPLICATIONS (“MOi Products”).

Last updated: July 1st, 2018

MOI CYCLE TERMS AND CONDITIONS

MOi Cycle LLC (“MOi Cycle”) is the creator and provider of the MOi Cycle Program (“Program”), which, upon subscription, permits you to stream music for indoor cycling and download written cycling plans, goals, and educational materials for end user use only under the terms and conditions set forth in this Agreement.

Requirements for use of MOi Products

MOi Products are only available for individuals who have completed the MOi Cycle training, have a valid group fitness certification and are CPR certified, and have an active subscription to the Program.

MOi Products are available to you only. MOi Cycle may use technologies to verify your compliance.

The use of MOi Products requires compatible devices, Internet access, and certain software (fees may apply); may require periodic updates; and may be affected by the performance of these factors. High-speed Internet access is strongly recommended for regular use and is required for video. You agree that meeting these requirements, which may change from time to time, is your responsibility.

Program Subscription

MOi Cycle offers two subscription levels: (i) an individual subscription at $39/month; and (ii) a club subscription, for up to four individuals, at $99/month. It is your responsibility to make sure you have an active valid subscription. MOi Cycle reserves the right to invoice an individual and/or club for any unpaid period of time if a MOi ID has been used during that period.

Unsubscribe

At any point an individual and/or a club may request to unsubscribe from the Program by contacting us here. The Program will terminate on the last day of the month the request was submitted; and no further usage will be permitted of any MOi Products (or any part thereof).

MOi ID

As a subscribed instructor of the Program, an account (“MOi ID”) will be created for you. Don’t reveal your MOi ID information to anyone else. You are solely responsible for maintaining the confidentiality and security of your MOi ID and for all activities that occur on or through your MOi ID, and you agree to immediately notify MOi Cycle of any security breach of your MOi ID. MOi Cycle shall not be responsible for any losses arising out of the unauthorized use of your MOi ID.

In order to access MOi Products on the MOi Cycle website, you must enter a valid MOi ID and password.

You agree to provide accurate and complete information when you register with, and as you use, MOi Products, and you agree to update your information to keep it accurate and complete. You agree that MOi Cycle may store and use the information you provide for use in maintaining and billing fees to your MOi ID.

Content Availability

MOi Cycle reserves the right to change content options (including eligibility for particular features) without notice.

Use of Content

You agree that certain MOi Products include security technology that limits your use of MOi Products and that, whether or not MOi Products are limited by security technology, you shall use MOi Products in compliance with the applicable usage rules established by MOi Cycle and its licensors (“Usage Rules”), and that any other use of MOi Products may constitute a copyright infringement. Any security technology is an inseparable part of the MOi Products. MOi Cycle reserves the right to modify the Usage Rules at any time. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such Usage Rules for any reason—or to attempt or assist another person to do so. Usage Rules may be controlled and monitored by MOi Cycle for compliance purposes, and MOi Cycle reserves the right to enforce the Usage Rules without notice to you. You shall not access or attempt to access a MOi ID that you are not authorized to access. You agree not to modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorized access to MOi Products. Violations of system or network security may result in civil or criminal liability.

Usage Rules

(i) You shall be authorized to use MOi Products only for personal, noncommercial use.

(ii) You shall be authorized to use MOi Products on only two devices at any time.

(iii) Once you start a stream of MOi Product, you may not fast forward or rewind, however, you may stop, pause or restart it.

(iv) You may copy and store MOi Products as reasonably necessary for personal, noncommercial use.

Some MOi Products may be downloaded only once and cannot be replaced if lost for any reason. It is your responsibility not to lose, destroy, or damage MOi Products once downloaded, and you may wish to back them up.

The delivery of MOi Products does not transfer to you any commercial or promotional use rights in the MOi Products. Any copying or exporting capabilities are solely an accommodation to you and shall not constitute a grant, waiver, or other limitation of any rights of the copyright owners in any content embodied in any MOi Product.

You acknowledge that, because some aspects of MOi Products, and administration of the Usage Rules entails the ongoing involvement of MOi Cycle, if MOi Cycle changes any part of MOi Products, which MOi Cycle may do at its election, you may not be able to use MOi Products to the same extent as prior to such change or discontinuation, and that MOi Cycle shall have no liability to you in such case.

 

Third-Party Materials

Certain content may include materials from third parties. MOi Cycle may provide links to third-party websites as a convenience to you. You agree that MOi Cycle is not responsible for examining or evaluating the content or accuracy and MOi Cycle does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials or products of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that MOi Cycle is not in any way responsible for any such use by you.

Objectionable Material

You understand that by using MOi Products, you may encounter material that you may deem to be offensive, indecent, or objectionable, and that such content may or may not be identified as having explicit material. Nevertheless, you agree to use MOi Products at your sole risk and MOi Cycle shall have no liability to you for material that may be found to be offensive, indecent, or objectionable.

Intellectual Property

You agree that MOi Products, including but not limited to graphics, user interface, audio clips, video clips, educational content, and the scripts and software used to implement MOi Products, contains proprietary information and material that is owned by MOi Cycle and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of MOi Products in compliance with this Agreement. No portion of MOi Products may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on MOi Products in any manner, and you shall not exploit MOi Products in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.

Notwithstanding any other provision of this Agreement, MOi Cycle and its licensors reserve the right to change, suspend, remove, or disable access to any content, or other materials comprising a part of the MOi Products at any time without notice. In no event will MOi Cycle be liable for making these changes. MOi Cycle may also impose limits on the use of or access to certain features or portions of MOi Products, in any case and without notice or liability.

All copyrights in and to MOi Products (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related software are owned by MOi Cycle and/or its licensors, who reserve all their rights in law and equity. THE USE OF ANY PART OF MOI PRODUCTS, EXCEPT FOR USE OF THE PROGRAM AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

The MOi Cycle logo, MOi, and other MOi Cycle trademarks, program marks, graphics, and logos used in connection with MOi Products are trademarks or registered trademarks of MOi Cycle LLC. in the U.S. and/or other countries. Other trademarks, program marks, graphics, and logos used in connection with MOi Products may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.

Termination

If you fail, or MOi Cycle suspects that you have failed, to comply with any of the provisions of this Agreement, MOi Cycle, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your MOi ID, and you will remain liable for all amounts due under your MOi ID up to and including the date of termination; and/or (ii) terminate the license to the software; and/or (iii) preclude access to MOi Products (or any part thereof).

MOi Cycle reserves the right to modify, suspend, or discontinue MOi Products (or any part or content thereof) at any time with or without notice to you, and MOi Cycle will not be liable to you or to any third party should it exercise such rights.

Disclaimer of Warranties; Liability Limitation

MOi Cycle does not guarantee, represent, or warrant that your use of MOi Products will be uninterrupted or error-free, and you agree that from time to time MOi Cycle may remove certain MOi Products for indefinite periods of time, or cancel certain MOi Products at any time, without notice to you.

In no case shall MOi Cycle, its directors, officers, employees, affiliates, agents, contractors, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of any of MOi Products or for any other claim related in any way to your use of MOi Products, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content (or product) posted, transmitted, or otherwise made available via MOi Products, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, MOi Cycle’s liability shall be limited to the extent permitted by law.

MOi Cycle shall use reasonable efforts to protect information submitted by you in connection with MOi Products, but you agree that your submission of such information is at your sole risk, and MOi Cycle is hereby disclaims any and all liability to you for any loss or liability relating to such information in any way.

MOi Cycle does not represent or guarantee that MOi Products will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and MOi Cycle disclaims any liability relating thereto. Some products can be downloaded only once; after being downloaded, they cannot be replaced if lost for any reason. You shall be responsible for backing up your own system, including any MOi Products.

Waiver and Indemnity

By using MOi Products, you agree, to the extent permitted by law, to indemnify and hold MOi Cycle, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of your breach of this agreement, your use of MOi Products, or any action taken by MOi Cycle as part of its investigation of a suspected violation of this agreement or as a result of its finding or decision that a violation of this agreement has occurred. This means that you cannot sue or recover any damages from MOi Cycle, its directors, officers, employees, affiliates, agents, contractors, and licensors as a result of its decision to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to MOi Products, or to take any other action during the investigation of a suspected violation or as a result of MOi cycle’s conclusion that a violation of this agreement has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by this agreement.

Changes

MOi Cycle reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the MOi Products. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the MOi Products will be deemed acceptance thereof.

Miscellaneous

This Agreement constitutes the entire agreement between you and MOi Cycle and governs your use of MOi Products, superseding any prior agreements between you and MOi Cycle. You may also be subject to additional terms and conditions that may apply when you use affiliate programs, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. MOi Cycle’s failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. MOi Cycle will not be responsible for failures to fulfill any obligations due to causes beyond its control.

MOi Products are operated by MOi Cycle from its offices in the United States. You agree to comply with all local, state, federal, national land international laws, statutes, ordinances, and regulations that apply to your use of MOi Products. All transactions on MOi Products are governed by Colorado law, without giving effect to its conflict of law provisions. Your use of MOi Products may also be subject to other laws. You expressly agree that exclusive jurisdiction for any claim or dispute with MOi Cycle or relating in any way to your use of MOi Products resides in the courts in the State of Colorado. Risk of loss and title for all electronically delivered transactions pass to the purchaser in Colorado upon electronic transmission to the recipient. No MOi Cycle employee or agent has the authority to vary this Agreement.

MOi Cycle may notify you with respect to MOi Products by sending an email message to your MOi ID email address or a letter via postal mail to your MOi ID mailing address, or by a posting on the MOi Cycle website. Notices shall become effective immediately.

MOi Cycle reserves the right to take steps MOi Cycle believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that MOi Cycle has the right, without liability to you, to disclose any Registration Data and/or MOi ID information to law enforcement authorities, government officials, and/or a third party, as MOi Cycle believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to MOi Cycle’s right to cooperate with any legal process relating to your use of MOi Products and/or a third-party claim that your use of MOi Products is unlawful and/or infringes such third party’s rights).

TO BY USING MOI PRODUCTS YOU ARE GIVING YOUR CONSENT AND AGREEING TO THESE TERMS AND CONDITIONS.  IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE ANY OF THE MOI PRODUCTS AND CLOSE THIS WEBSITE.