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MOi Cycle Terms of Use

Legal Information & Notices


THE LEGAL AGREEMENT (“AGREEMENT”) SET OUT BELOW GOVERN YOUR USE OF THE MOi CYCLE WEB SITE LOCATED AT WWW.MOICYCLE.COM, AND ALL ASSOCIATED SITES LINKED TO WWW.MOICYCLE.COM BY MOi CYCLE, ITS SUBSIDIARIES AND AFFILIATES, INCLUDING MOi CYCLE SITES AROUND THE WORLD, MOi PASS AND MOBILE APPLICATION (collectively the “MOi Cycle Network”).  PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE MOi CYCLE NETWORK.

BY USING THE MOi CYCLE NETWORK, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE MOi CYCLE NETWORK.

Last updated: July 15, 2018

Agreement to Terms of Use

MOi Cycle reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the MOi Cycle Network following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, MOi Cycle grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the MOi Cycle Network.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, videos, rides, written cycling charts, cycling plans, cycling educational materials, videos, artwork and computer code (collectively, “Content“), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the MOi Cycle Network is owned, controlled or licensed by or to MOi Cycle, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the MOi Cycle Network and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without MOi Cycle’s express prior written consent.

You may use information on MOi Cycle products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by MOi Cycle for downloading from the MOi Cycle Network, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

MOI CYCLE NETWORK TERMS AND CONDITIONS

MOi Cycle is the creator and provider of the MOi Cycle Program (“Program”), which, upon subscription, permits you to stream indoor cycling classes and rides for group training and access written cycling plans, documentation, interfaces, content, fonts, educational materials, and any data accompanying this Agreement, for end user use only under the terms and conditions set forth in this Agreement.

Your Use of the Site

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the MOi Cycle Network or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the MOi Cycle Network or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the MOi Cycle Network. MOi Cycle reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the MOi Cycle Network, or any other systems or networks connected to the MOi Cycle Network or to any MOi Cycle server, or to any of the services offered on or through the MOi Cycle Network, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the MOi Cycle Network or any network connected to the Site, nor breach the security or authentication measures on the MOi Cycle Network or any network connected to the MOi Cycle Network. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the MOi Cycle Network, or any other customer of MOi Cycle, including any MOi Cycle account not owned by you, to its source, or exploit the MOi Cycle Network or any service or information made available or offered by or through the MOi Cycle Network, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the MOi Cycle Network.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the MOi Cycle Network or MOi Cycle’s systems or networks, or any systems or networks connected to the MOi Cycle Network or to MOi Cycle.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the MOi Cycle Network or any transaction being conducted on the MOi Cycle Network, or with any other person’s use of the MOi Cycle Network.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to MOi Cycle on or through the MOi Cycle Network or any service offered on or through the MOi Cycle Network. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the MOi Cycle Network or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of MOi Cycle or others.

Requirements for use of MOi Cycle Network

The MOi Cycle Network is only available for fitness, wellness and medical facilities and/or individuals who have successfully completed the MOi Cycle Global Training Course (“Training”), have a valid group fitness certification and are CPR/AED certified, and have an active and valid subscription to the Program.

The MOi Cycle Network is available to you only. MOi Cycle may use technologies to verify your compliance.

The use of the MOi Cycle Network 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 for fitness, wellness and medical facilities based in the United States: (i) an individual subscription at $39/month; and (ii) a club subscription, for up to four individuals, at $99/month. Rates for other non-U.S facilities vary by territory.

Unsubscribe

At any point an individual and/or a club may unsubscribe from the Program by emailing passion@moicycle.com. The subscription will automatically terminate at 11:59PM on the last day of the month, and no further usage or access of the MOi Cycle Network is permitted (or any part thereof).

Account, Password and Security

Certain features or services offered on or through the MOi Cycle Network may require you to open an account (including setting up a MOi PASS and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify MOi Cycle immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by MOi Cycle or any other user of or visitor to the MOi Cycle Network due to someone else using your MOi PASS, password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s MOi PASS, password or account at any time. MOi Cycle cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

In order to access some parts of the MOi Cycle Network, you must enter a valid and active MOi PASS and password. 

You agree to provide accurate and complete information when you register with, and as you use, the MOi Cycle Network, 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 PASS.

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 parts of the MOi Cycle Network include security technology that limits your use of the MOi Cycle Network and that, whether or not the MOi Cycle Network is limited by security technology, you shall use the MOi Cycle Network in compliance with the applicable usage rules established by MOi Cycle and its licensors (“Usage Rules”), and that any other use of the MOi Cycle Network may constitute a copyright infringement. Any security technology is an inseparable part of the MOi Cycle Network. 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 PASS 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 Cycle Network. Violations of system or network security may result in civil or criminal liability.

Usage Rules

(i) You shall be authorized to use the MOi Cycle Network only for personal, noncommercial use (except as permitted for group exercise).

(ii) You shall be authorized to use the MOi Cycle Network on only one device at any time.

(iii) Once you start, you may not fast forward or rewind, however, you may stop, pause or restart it.

(iv) As long as you hold a valid and active MOi PASS, you may copy and store parts of the MOi Cycle Network as reasonably necessary for educational, noncommercial use.

Some parts of the MOi Cycle Network may be downloaded only once and cannot be replaced if lost for any reason. It is your responsibility not to lose, destroy, or damage parts of the MOi Cycle Network once downloaded.

The delivery of the MOi Cycle Network does not transfer to you any commercial or promotional use rights in the MOi Cycle Network. 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 Cycle Network.

You acknowledge that, because some aspects of the MOi Cycle Network, and administration of the Usage Rules entails the ongoing involvement of MOi Cycle, if MOi Cycle changes any part of the MOi Cycle Network, which MOi Cycle may do at its discretion, you may not be able to use the MOi Cycle Network 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 the MOi Cycle Network, 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 the MOi Cycle Network 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 the MOi Cycle Network, including but not limited to graphics, user interface, audio clips, video clips, educational content, and the scripts and software used to implement  the MOi Cycle Network, 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 the MOi Cycle Network in compliance with this Agreement. No portion of the MOi Cycle Network 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 the MOi Cycle Network in any manner, and you shall not exploit the MOi Cycle Network 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 Cycle Network 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 the MOi Cycle Network, in any case and without notice or liability.

All copyrights in and to the MOi Cycle Network (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 Cycle Network, 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 the MOi Cycle Network 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 the MOi Cycle Network 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 PASS, and you will remain liable for all amounts due under your MOi PASS up to and including the date of termination; and/or (ii) terminate the license to the software; and/or (iii) preclude access to the MOi Cycle Network (or any part thereof).

MOi Cycle reserves the right to modify, suspend, or discontinue the MOi Cycle Network (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 the MOi Cycle Network will be uninterrupted or error-free, and you agree that from time to time MOi Cycle may remove certain parts of the MOi Cycle Network for indefinite periods of time, or cancel certain parts of the MOi Cycle Network 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 the MOi Cycle Network or for any other claim related in any way to your use of the MOi Cycle Network, 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 the MOi Cycle Network, 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 the MOi Cycle Network, 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 the MOi Cycle Network will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and MOi Cycle disclaims any liability relating thereto.

Waiver and Indemnity

By using the MOi Cycle Network, 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 the MOi Cycle Network, 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 the MOi Cycle Network, 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 Cycle Network. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the MOi Cycle Network will be deemed acceptance thereof.

Miscellaneous

This Agreement constitutes the entire agreement between you and MOi Cycle and governs your use of the MOi Cycle Network, 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.

The MOi Cycle Network is 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 the MOi Cycle Network. All transactions on the MOi Cycle Network are governed by Colorado law, without giving effect to its conflict of law provisions. Your use of the MOi Cycle Network 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 the MOi Cycle Network 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 the MOi Cycle Network by sending an email message to your MOi PASS email address or a letter via postal mail to your MOi PASS 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 PASS 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 the MOi Cycle Network and/or a third-party claim that your use of the MOi Cycle Network is unlawful and/or infringes such third party’s rights).


TO AGREE TO THESE TERMS, CLICK “I AGREE.” IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK “I AGREE” AND DO NOT CONTINUE.