All customers of The Handle Bar LLC (“The Handle Bar”) and visitors to www.handlebarcycling.com (the “Website”) are subject to the Terms and Conditions expressed below.
Notice And Consent
BY SIGNING UP FOR AND/OR ATTENDING THE HANDLE BAR CLASSES, ACTIVITIES AND OTHER PROGRAMS, AND USING THE HANDLE BAR’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. IN CONSIDERATION OF BEING ALLOWED TO PARTICIPATE IN AND ACCESS THE CLASSES AND FACILITIES PROVIDED BY THE HANDLE BAR , IN ADDITION TO THE PAYMENT OF ANY FEE OR CHARGE, YOU HEREBY 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 HANDLE BAR, 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 HANDLE BAR’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. THE HANDLE BAR HEREBY ADVISES YOU THAT INDIVIDUALS WITH ANY CHRONIC DISABILITIES OR CONDITIONS ARE AT RISK IN USING THE HANDLE BAR ‘S CLASSES AND FACILITIES, AND ARE ADVISED AGAINST DOING SO. IN ADDITION, IF IN THE OPINION THE HANDLE BAR STAFF, YOU WOULD BE AT PHYSICAL RISK USING THE HANDLE BAR’S CLASSES AND FACILITIES, YOU WILL BE DENIED ACCESS TO THE HANDLE BAR AND ITS CLASSES AND FACILITIES UNTIL YOU FURNISH THE HANDLE BAR WITH AN OPINION LETTER FROM YOUR MEDICAL DOCTOR, AT YOUR SOLE COST AND EXPENSE, SPECIFICALLY ADDRESSING THE HANDLE BAR’S CONCERNS, AND STATING THAT THE HANDLE BAR’S CONCERNS ARE UNFOUNDED. IF YOU DECLINE TO OBTAIN SUCH A LETTER, YOU WILL NOT BE PERMITTED TO USE THE CLASSES AND FACILITIES OF THE HANDLE BAR. ONE ACCOUNT PER INDIVIDUAL.
Use of this Website
The Handle Bar maintains this Website for the convenience of and communication with existing and prospective customers, and for their education and information. Please feel free to browse the Site. You may download material displayed on this Website for non-commercial, personal use only provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, re-post, or use the content of this Website for public or commercial purposes, including the text, images, audio and video without The Handle Bar’s written permission in each instance. Changes periodically are made to the information contained in this Website.
Unless otherwise noted, product and service names, designs, logos, titles, text, images, audio and video within this Website are the trademarks, service marks, trade names, copyrights or other intellectual property of The Handle Bar. All other unregistered and registered trademarks or service marks are the property of their respective owners. Nothing contained within this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any The Handle Bar intellectual property displayed within this Website without The Handle Bar’s written permission in each instance.
No Warranties; Limitation of Liability
THIS WEBSITE IS PROVIDED “AS IS” AND “WITH ALL FAULTS” WITHOUT WARRANTIES OF ANY KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED, BY OPERATION OF LAW OR OTHERWISE INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHERWISE. The Handle Bar assumes no responsibility for, and shall not be liable for any damage to, or virus that may infect, your computer equipment, software, data or other property on account of your access to, use of, or browsing in this Website or any linked sites, or your downloading of any materials, data, text, images, video or audio from this Website or any linked sites.
In no event shall The Handle Bar or any other party involved in creating, producing, maintaining or delivering this Website, or any of their respective shareholders, directors, officers, members, managers, employees or agents (collectively, “Released Parties”), be liable for damages of any kind whatsoever including, without limitation, any direct, indirect, exemplary, incidental, consequential, punitive, special or other types of damages, whether or not advised of the possibility of such damages, and on any theory of liability whatsoever, arising out of or in connection with your access to, use of, or browsing in this Website or any linked sites, or your downloading of any materials, data, text, images, video or audio from this Website or any linked sites.
By your access to, use of, or browsing in this Website, you release The Handle Bar and the other Released Parties, and agree to indemnify and hold it and them harmless from and against, any and all claims, demands, losses, actions, suits, proceedings or other liability arising out of or in any manner relating to your access to, use of, or browsing in this Website or any linked sites, or your downloading of any materials, data, text, images, video or audio from this Website or any linked sites including, without limitation, its and their attorneys fees and costs of defense.
Unaffiliated Products, Services and Sites
Descriptions of, or references to, products, services, publications or sites not owned or offered by The Handle Bar do not imply endorsement of that product, service, publication or site. The Handle Bar has not reviewed all material linked to this Website and is not responsible for the content of any such material. Your linking to any other sites is at your own risk.
Communications with this Website
You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. The Handle Bar will fully cooperate with any law enforcement authorities or court order requesting or directing The Handle Bar to disclose the identity of or help identify or locate anyone posting any such information or materials.
Any communication or material you transmit to this Website by e-mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit may be edited by or on behalf of The Handle Bar, may or may not be posted to this Website at the sole discretion of The Handle Bar, and may be used by The Handle Bar for any purpose, including, without limitation, reproduction, transmission, publication, broadcast and posting. Further, The Handle Bar is free to use any ideas, concepts, know-how or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
Your use of or browsing in this Website, and your use of any The Handle Bar products or services, shall be deemed acceptance of the above Terms and Conditions and the laws of the state of Maryland. Any claim or dispute between you and The Handle Bar that arises in whole or in part from your use of or browsing in this Website, or your use of any The Handle Bar products or services, whether through your use of the The Handle Bar Website or otherwise, shall be decided exclusively by a court of competent jurisdiction located in Massachusetts , and you consent to the jurisdiction of such court.