General
JCG Ventures, Inc. (“ZOOM”). ZOOM provides a premier indoor cycling experience and this website, www.zoomcville.com and the pages contained therein, is intended to describe and promote ZOOM’s services. Access to and use of this website, the information offered through this website, and any products or services purchased though this website, are governed by these Terms of Use (the “Agreement”). By accessing or using this website or purchasing any products or services, you consent to be bound by this Agreement and acknowledge your consent to abide by its terms. If you do not agree to be bound by this Agreement, you may not use the website or purchase products or services through this website.
ZOOM’s Proprietary Rights
All content, graphics, code, and software used on or incorporated into this website, and the arrangement or integration of all such content, graphics, code, and software, is subject to copyrights and other proprietary intellectual property rights held by ZOOM. ZOOM grants you permission to electronically copy and print hard copies of pages from this website solely for your own personal, non-commercial purposes related to your purchase of products and services. Otherwise, except for information for which you have obtained express and written authorization from ZOOM, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. Any other use of this website or content or information contained in this website is strictly prohibited, unless you first obtain the written permission of ZOOM.
ZOOM, the ZOOM logo, the “z” symbol, and all related marks are trademarks and service marks of ZOOM. All rights in those trademarks and service marks are reserved to ZOOM.
By posting any comments or information requests through the ZOOM website, you automatically grant to us a worldwide, non-exclusive, sub-licensable, transferable, royalty-free, perpetual, and irrevocable right to copy, distribute, create derivative works of, publicly perform, and display such content. Please note that our use of your personal information is governed by our Privacy Policy.
Error Correction
Though ZOOM uses reasonable efforts to ensure otherwise, this website may contain typographical errors or other inaccuracies and may not be complete or current. ZOOM reserves the right to correct any errors, inaccuracies, or omissions, including the right to correct errors an order has been submitted, and to change or update information at any time without prior notice.
Waiver and Release
By signing up for and/or attending ZOOM classes, activities, and other events and using its facilities and equipment, you hereby agree that there are certain inherent risks and dangers in indoor cycling. In consideration of being allowed to participate in the classes, activities, and other events provided by ZOOM, in addition to the payment of any fee or charge, you (1) agree to assume full responsibility for any and all injuries or damages which are sustained or aggravated by you in relation to ZOOM classes, activities, or events (2) waive, release and forever discharge ZOOM, its directors, officers, shareholders, affiliates, agents, consultants and employees from any and all responsibility, claims, rights, causes of action and/or liability from injuries or damages to yourself or property resulting from participation in and use of ZOOM classes, activities, and other events and (3) represent you have no medical or physical condition which would prevent you from attending and/or using any of ZOOM’s classes, activities, and events and/or put you in any physical or medical danger, and have not been instructed by a physician not to do so. ZOOM hereby advises you that individuals with any chronic disabilities or conditions are at risk in using ZOOM facilities and equipment, and are advised against doing so. In addition, if in the opinion of ZOOM staff, you would be at physical risk participating in ZOOM classes, activities, and events or using its facilities, you will be denied access to ZOOM until you provide ZOOM with a letter from your physician, specifically addressing ZOOM concerns and stating that you are able to participate in classes, activities, and events. If you decline to obtain such letter, you will not be permitted to participate in ZOOM classes, activities, and events or use ZOOM facilities. ZOOM reserves the right to refuse service at its discretion.
Third Party Links
This website provides links to third party websites, including social media websites such as Facebook®, Twitter®, Instagram®, and other websites with content we believe may interest our customers. Please note that you use these third party websites at your own risk. ZOOM has no control over the content or operations of these third party websites and shall have no responsibility for and disclaims all liability related to your interactions with any third party websites you access through links on ZOOM’s website.
Disclaimer of Warranties and Limitation of Liability
ZOOM provides this website, its contents, and all products, services, and information provided herein on an “as is” basis. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE AND ANY PRODUCT OR SERVICE PURCHASED BY YOU FROM THIS WEBSITE OR OTHERWISE RECEIVED FROM ZOOM IS AT YOUR SOLE RISK. WITH RESPECT TO THIS WEBSITE, THE INFORMATION PROVIDED ON THIS WEBSITE, AND THE PRODUCTS OR SERVICES SOLD THROUGH THIS WEBSITE, ZOOM EXPRESSLY DISCLAIMS WARRANTIES OF EVERY KIND, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, QUIET ENJOYMENT, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS WEBSITE AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
ZOOM DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ZOOM, ITS EMPLOYEES, AFFILIATES OR ANY OTHER PARTIES INVOLVED IN CREATING, DELIVERING, PROMOTING, OR SELLING THE WEBSITE OR THE SERVICES SOLD THROUGH THE WEBSITE BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM: (1) THE USE OF, OR THE INABILITY TO USE, THE INFORMATION OR FUNCTIONS OF THIS SITE, EVEN IF ZOOM OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (2) THE USE OR MISUSE OF A PRODUCT PURCHASED THROUGH THIS WEBSITE.
Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. IN NO EVENT SHALL ZOOM’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR PRODUCTS PURCHASED THROUGH THIS WEBSITE.
Terms of Purchase
In order to reserve a class, you must first purchase a single class, a package of classes, or a monthly unlimited contract. If you are new to ZOOM, you can sign-up online to make a purchase or if you are an existing customer, sign-in to make a purchase. Once you have credit(s) in your account, you may reserve. Classes cannot be shared between clients.
Please be aware that classes and series expire. We do not extend expiration dates or issue refunds of any kind. We accept MasterCard, Visa, and American Express. We do not take cash. You can reserve classes online up to 2 weeks in advance (Monday through the following Monday). This window may change at the company’s discretion without prior notice.
Your credit or debit card will be charged for your order when you book your bike. ZOOM will not process reservation charges that use an incorrect, expired, or over-the-limit credit card. If you fail to pay any fees or charges when due, services or privileges may be suspended or terminated. You shall be fully responsible and liable for any fees, including attorneys’ fees and collection fees, that ZOOM may incur in its efforts to collect any unpaid funds from you.
Cancellation, Late Arrival, and No Show Policies
In order to cancel a ZOOM class and avoid losing a credit, you must unreserve your class spot by 9 pm the night before your scheduled class. VIP members must cancel class reservations a minimum of 4 hours prior to class start time to avoid the no show penalty of $20. We only allow cancellations by online booking system and do not take studio calls as class cancellations. If you are a client with one of our unlimited packages and you “late cancel”, you will be charged $20 late cancel fee, and if you “no show”, you will be charged a $20 fee.
If you are not checked-in 2 minutes prior to class, your bike will be released to a client on the waitlist. If you are running late, please call to let us know. We will hold reservations for up to 5 minutes after the start of class. If you arrive more than 5 minutes late, you will not be permitted to attend class for safety reasons. We understand life gets crazy, but late arrivals not permitted to enter and/or no shows will result in a loss of credit.
Return/Refund Policy
- Cycle Classes and Contracts are final sale and non-refundable/non-transferable. We do not prorate refunds if you cancel contracts before their expiration date.
- All items must be in brand new condition. Items which have been worn, damaged, and/or altered will not be refunded or exchanged.
- Product marked as clearance or given in association with a promotion will not be refunded. All clearance items and zoom promotional products are final sale.
- ZOOM reserves the right to refuse returned product or prohibit a customer from completing future purchases, if it is determined the customer has a history of abusing the return policy.
- Store Credit may be added to your account at our sole discretion for completing challenges and various other reasons. Store credit can only be used to purchase retail and classes. It can not be used towards any late/no show fees or early contract termination fees.
- All Retails Returns must be completed within 5 days of original purchase and with a valid receipt.
Choice of Law, Waiver, and Claims
This Agreement shall be governed by the laws of the State of Virginia without regard to its conflict of law provisions. Moreover, by purchasing products or services from ZOOM, you agree that the offer and sale of such products or services takes place in, and will be governed by the laws of, the State of Virginia. You also agree that any legal or equitable claim arising from your use of the website and/or your purchase of products or services must be brought in the state or federal courts located in Charlottesville, Virginia, and you consent to the exclusive jurisdiction of and venue in such courts. ZOOM’s failure to exercise or enforce any right or provision of the Agreement will not be deemed to be a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in this provision, and the other provisions of this Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this website or products purchased through this website must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Arbitration
Any controversy or claim arising out of or relating to this Agreement or use of the Services will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in Charlottesville, Virginia, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either party to this Agreement may seek any interim or preliminary relief from a court of competent jurisdiction in Charlottesville, Virginia, as necessary to protect its rights or property.
Notice
You may direct any questions concerning this Agreement or notices required by this Agreement to info@zoomcville.com.
Whole Agreement and Amendment
This Agreement constitutes the entire agreement between you and ZOOM with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. ZOOM may amend or modify this Agreement at any time by posting the new terms on its website. This Agreement may not be otherwise amended except in a written document signed by you and ZOOM.
This agreement was last revised on April 4, 2016.