This policy governs your use of BTHR Website (the “Website”) and the BTHR Mobile Application. The website and the mobile application are designed to allow users to register for classes, reserve bikes, purchase class series, buy merchandise and communicate with the BTHR and it’s employees.
GENERAL STATEMENT ON PRIVACY, PERSONAL DATA AND COMMUNICATIONS
If you use the website or mobile application, you are responsible for maintaining the confidentiality of your account information and for restricting access to your computer and/or devices. You agree to accept full responsibility for all activities that occur under your account and password.
BTHR does not collect any personal information about individuals, including names, postal codes, addresses, email addresses, except when such information is knowingly provided to the BTHR. Personal information might be obtained from online transactions such as purchases made for class packages, retail purchases and/or class reservations. Additionally, personal information may be transmitted as part of a form submission or in connection with other activities or services made available on our website or via our mobile application. Any personal identification information retrieved by the BTHR must be voluntarily submitted by the user. BTHR may use the information provided to contact you with important information, required notifications and marketing promotions.
The BTHR makes every effort to ensure that all transactions that occur on our website and mobile application are secure. All credit card numbers and transactions are encrypted using 256-bit Secure Sockets Layer (SSL) data encryption to protect all data access across the Internet. Our server is protected by multiple, redundant firewalls and intrusion detection and prevention systems that are regularly monitored and tested.
WAIVER & RELEASE
By signing up for and/or attending BTHR classes, activities and other programs, and using BTHR’s premises, facilities, and equipment (collectively, Classes and Facilities), you hereby agree that there are certain inherent risks and dangers in indoor cycling and exercise and in using indoor cycling and exercise equipment in association with the Classes and Facilities and you knowingly, voluntarily and intentionally agree to not sue or otherwise hold The BTHR and it’s owners, staff, employees, agents, representatives, insurers and successors (collectively referred to herein as “BTHR”) liable for any injuries regardless of the cause and to indemnify BTHR, and release, waive and hold BTHR harmless from any and all claims, demands, damages, rights of action or causes of action, present or future, arising out of or connected with your use of the Classes and Facilities, including any injuries resulting there from. THIS WAIVER AND RELEASE OF LIABILITY INCLUDES, WITHOUT LIMITATION, INJURIES WHICH MAY OCCUR AS A RESULT OF (1) EQUIPMENT BELONGING TO BTHR OR THAT MAY MALFUNCTION OR BREAK; (2) ANY SLIP, FALL, DROPPING OF EQUIPMENT; (3) AND/OR INSTRUCTION OR SUPERVISION.You also agree that you will be participating in indoor cycling classes which entail intensive physical activity (some of which are conducted in a heated room – approximately 80 degrees Fahrenheit). In consideration of being allowed to participate in and access the Classes and Facilities provided by BTHR, in addition to the payment of any fee or charge, you hereby knowingly, voluntarily and intentionally (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the Classes and Facilities, (2) waive, release and forever discharge the BTHR, its officers, agents, members, employees, representatives, and all others from any and all responsibility, claims, rights, causes of action and/or liability from injuries or damages to your person or property resulting from your participation in and use of the Classes and Facilities, and (3) represent you have no medical or physical condition which would prevent you from attending and/or using any of the BTHR’s Classes and Facilities and/or put you in any physical or medical danger, and have not been instructed by a physician not to do so. You have been informed of, understand and you are aware that any exercise program, whether or not requiring the use of exercise equipment, is a potentially hazardous activity. You have also been informed of, understand and are aware that any exercise and/or fitness activities involve a risk of injury, as well as abnormal changes in blood pressure, fainting, and a remote risk of heart attack, stroke, other serious disability or death, and that you are voluntarily participating in the Classes and Facilities and using equipment and machinery with full knowledge, understanding and appreciation of the dangers involved.
EXCLUSIONS AND LIMITATIONS
The information on this website is provided on an “as is” basis. To the fullest extent permitted by law, BTHR excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or BTHR’s literature; and excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised the BTHR of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
LINKS TO THIS WEBSITE
You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
LINKS FROM THIS WEBSITE
We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. BTHR will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Copyright and other relevant intellectual property rights exists on all text relating to the BTHR’s services and the full content of this website. BTHR’s title and logo are registered trademarks of the BTHR. The brand names and specific services of BTHR featured on this web site are trademarked.
INTELLECTUAL PROPERTY RIGHTS
The trademarks and trade dress of BTHR are proprietary to the BTHR and may not be used by you for any reasons other than as expressly permitted by these terms. All Website and application content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are property of, or duly licensed to, BTHR. Any use of materials on the Website, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of BTHR, is strictly prohibited. You acknowledge that the BTHR remain the owners of all Website and application materials, and that you do not acquire any of those ownership rights by downloading, copying, or using any such material in accordance with these Terms and Conditions. BTHR may discontinue or remove the Website or application, or any portion thereof, or discontinue your right to use the Website or application, or any portion thereof, at any time.
ACCEPTANCE OF TERMS
By using the Website or App, you signify your acceptance of the Terms and Conditions. If you do not agree to this, please refrain from using the Website or application. Your continued use of the Website or application following the posting of changes to these terms will indicate your acceptance of those changes.