TERMS AND CONDITIONS
TERMS OF SERVICE
All customers and visitors to www.therecycleroomvi.com (the “Website” or “Site”) or to ReCYCLE ROOM premises are subject to GET WOKE LLC’s d/b/a ReCYCLE ROOM’s Term and Conditions as expressed below.
Web communications are a highly regulated and monitored activity by government agencies in many countries. By accessing, browsing and/or using this Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions and to comply with all applicable laws and regulations. If you do not agree, do not use this Website. This statement is designed to inform you of basic general legal positions and liabilities relating to your use of this site, your use of the training, exercise and fitness services, and for you to attest to the fact that you, not the company, will be responsible for your own actions.
This Terms of Service contains 20 sections.
LIMITED LICENSE & USE OF THE SERVICE. YOU ARE GRANTED A NON-EXCLUSIVE, NON-TRANSFERABLE, LIMITED LICENSE TO ACCESS AND TO USE THE SITE.
RIGHT TO CHANGE SITE: WE RESERVE THE RIGHT TO MODIFY, SUSPEND, OR DISCONTINUE THE SITE AT ANY TIME.
SITE INTERRUPTIONS: WE MAKE EVERY EFFORT TO MINIMIZE SITE INTERRUPTIONS.
SITE CONTENTS: ALL MATERIALS ON THE SITE ARE OWNED, CONTROLLED, OR LICENSED BY RECYCLE ROOM
CONSULTING A DOCTOR/ACTIVITY RISK: ALWAYS CONSULT A PHYSICIAN BEFORE ENGAGING IN STRENUOUS ACTIVITY.
RELEASE OF LIABILITY AGREEMENT: YOU MUST SIGN IN WRITING AND DIGITALLY, THE RECYCLE ROOM RELEASE OF LIABILITY AGREEMENT PRIOR TO BEGINNING A TRAINING, EXERCISE, OR FITNESS SERVICES WITH RECYCLE ROOM.
PAYMENTS, REFUNDS AND CLASS CANCELLATION POLICY: PRICES ARE SUBJECT TO CHANGE AT ANY TIME.
CANCELLATION AND TERMINATION OF SERVICE
PROPRIETARY RIGHTS: RECYCLE ROOM OWNS ALL RIGHTS, TITLE, AND INTEREST IN THE SITE.
USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS: RECYCLE ROOM MAY USE ANY OF THE COMMENTS YOU SEND TO US. COMMENTS MUST NOT VIOLATE ANY RIGHT OF A THIRD PARTY.
ACCOUNT SECURITY: YOU ARE RESPONSIBLE FOR SAFEGUARDING YOUR PASSWORD.
DISCLAIMER, LIMITATION OF LIABILITY AND INDEMNITY: RECYCLE ROOM DISCLAIMS ANY AND ALL WARRANTIES.
DISPUTE RESOLUTION: USERS AGREE TO A PRE-DETERMINED DISPUTE RESOLUTION PROCEDURE.
CHOICE OF LAW: THIS AGREEMENT IS GOVERNED UNDER THE LAWS OF THE UNITED STATES VIRGIN ISLANDS.
TERMINATION: BOTH RECYCLE ROOM AND THE USER MAY TERMINATE THIS AGREEMENT AT ANY TIME, BUT YOUR CONTINUED USE OF THE SITE WILL NOT TERMINATE YOUR OBLIGATIONS UNDER THESE TERMS OF SERVICE.
ENTIRE AGREEMENT: THIS IS THE ENTIRE AND EXCLUSIVE AGREEMENT BETWEEN THE USER AND RECYCLE ROOM.
Welcome to (the “Site”). The Site is provided as a means for visitors and members (users who pay for the indoor cycling). Please review the following terms and conditions of use, which govern your use of the Site (the “Agreement”).
YOU UNDERSTAND THAT BY CLICKING THE “I AGREE” BUTTON, BY USING THE SITE, CONTENT OR YOUR ACCOUNT, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE OR CONTENT.
If you agree to these Terms of Service on behalf of a business, you represent and warrant that you have the authority to bind that business to these Terms of Service and your agreement to these terms will be treated as the agreement of the business. In that event, “you” and “your” will refer and apply to that business.
Your use of the Site constitutes your agreement to follow and be bound by the Agreement. We (ReCYCLE ROOM or the “Company”) reserve the right to update or modify this Agreement at any time without prior notice. For this reason, we encourage you to review the Agreement whenever you use any of the Site. If you do not agree to these terms, please do not use the Site.
In order to make a reservation, you must first own a single class pass, a series (group of classes) pass, or unlimited class pass. To buy a class package, you can (a) sign-up online or (b) show up at the ReCYCLE ROOM Studio and sign up with one of our representatives. If you already have a username and password you can visit the “BOOK, BUY, RESERVE” link to purchase a class package and make your reservation.
Please note that if you make a purchase of any kind through the website you agree to allow ReCYCLE ROOM to keep your credit card on file. If you purchase an unlimited monthly pass, you agree to allow ReCYCLE ROOM to keep your credit card on file. If you have an unlimited monthly pass, in the event you fail to show up to a scheduled class or you fail to comply with the cancellation policy set forth in Section 9, a five-dollar ($5.00) penalty per late cancel reservation will apply and a 10- dollar ($10.00) penalty per missed class (“no-show”) reservation will apply. If you have purchased a package (5,10,15 or 25 series), and cancel late, you will be charged a $5 late fee. If you are a no-show, you forfeit that session in your package.
You should be aware that the series pass expires as described on the purchase class packages page and that class packages and future class package prices are subject to change. As an introductory incentive, should you purchase a 15 or 25 class pass series between December 20, 2018 and January 15, 2019, the class pass series expiration will extend a full year through January 2020. Any purchases after January 15, 2019, normal expiration will apply to the 15 and 25 class pass series.
We accept Mastercard, Visa, Discover, and Cash. You can reserve classes up to 2 weeks in advance. Visit the “RESERVE” page to make online reservations.
ReCYCLE ROOM provides you the option to use our automatic draft service. In the event you want to cancel your use of ReCYCLE ROOM’S automatic draft service, you shall provide written notice through the “Contact Us” section of the website. This is the only accepted form of cancellation. ReCYCLE ROOM requires 30 business day notice before the auto-renew date of your monthly pass. Should you cancel within the 30-business day window you will be subject to one more billing cycling. Please allow up to 30 days to cancel the automatic draft service.
Your credit card/debit card will be charged for your order when you submit payment. ReCYCLE ROOM will not process reservation charges that use an incorrect, expired or over-the-limit credit card. In the event you provide ReCYCLE ROOM with an incorrect, expired, or over-the-limit credit card, you will be charged $25. We will make our best efforts to contact you if this occurs. If you fail to pay any fees or charges when due, services or privileges may be suspended or terminated. You shall be responsible and liable for any fees, including attorneys' fees and collection costs, that ReCYCLE ROOM may incur in its efforts to collect any unpaid balances from you.
3. Limited License & Use of the Site
You are granted a non-exclusive, non-transferable limited license to access and use the Site. The Site does not review or pre-screen the contents of electronic data uploaded or posted to the Site (“Content”), and the Company claims no intellectual property rights with respect to the Content.
You agree not to reproduce, duplicate, copy, sell, resell or exploit access to the Site, use of the Site, or any portion of the Site, including, but not limited to the HTML, Cascading Style Sheets (“CSS”), or any visual design elements without the express written permission from the Company.
You agree not to modify, reverse engineer, adapt, or otherwise tamper with the Site or modify another website so as to falsely imply that it is associated with the Site, the Company, or any other software or Site provided by the Company.
You agree not to use the Site in any manner which may infringe copyright or intellectual property rights or in any manner which is unlawful, offensive, threatening, libelous, defamatory, pornographic, and obscene or in violation of these Terms of Service.
You agree not to use the site to upload, post, host, or transmit unsolicited bulk e-mail “Spam”, short message service “SMS” messages, viruses, self-replicating computer programs “Worms” or any code of a destructive or malicious nature.
4. Right to Change Site
We reserve the right, at any time in our sole discretion, to: modify, suspend, or discontinue the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, or feature offered through the Site.
5. Site Interruption
ReCYCLE ROOM makes every effort to keep the Site and Service up and running. However, the Site is hosted through a third party, and we do not always have advanced notice of such interruptions. If site interruptions occur, we will make every effort to get the Site up and running as quickly as possible.
6. Site Contents
Unless otherwise noted, the Site, and all materials on the Site, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the “Contents”), are owned, controlled and/or licensed by ReCYCLE ROOM. Other trademarks appearing on the Site are the trademarks of ReCYCLE ROOM and/or its subsidiaries.
The Site and the Contents are intended solely for personal, non-commercial use. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Site.
7. Consulting a Doctor/Activity Risk
Prior to participating in any exercise program or activity, you should seek the advice of your physician or other qualified health professional. You agree that ReCYCLE ROOM assumes no risk or liability for your participation in the activities and that you participate at your sole discretion and risk.
You shall not use ReCYCLE ROOM’S facility, service, or equipment in such a way as to endanger the health or safety of you or others. You shall be responsible for any property damage or personal injury caused by you or your guests. You agree not to violate any laws while at ReCYCLE ROOM.
8. Release of Liability Agreement.
Before beginning any services with ReCYCLE ROOM, you must sign the Release of Liability Agreement in person at our studio. By signing the Release of Liability Agreement you will waive certain rights, including the right to sue, so please read it carefully and discuss with your attorney or advisors before signing.
9. Payments, Refunds, and Cancellation Policy
The prices displayed on the site are quoted in U.S. dollars. ReCYCLE ROOM reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
To cancel a ReCYCLE ROOM class, you must cancel your bike 6 hours prior to the class. Once your class is cancelled, the class will be returned to your series pass to be used at a future date; the class is not refunded. If you have not cancelled your class 6 hours prior to the scheduled class, your scheduled class will be charged to your class package and you could be subject to a five-dollar ($5.00), ten dollar ($10.00) or forfeiture of single class. Penalty discussed in Section 2.
You can cancel your reservation in the following ways:
Before 6 hours prior to the class - log into your account; under My Classes select “cancel” next to the class you wish to cancel.
Before 6 hours prior to the class - call the studio, and we will cancel the class for you.
We reserve the right to change the price and will try to provide notice of such changes. Payment for services will be accepted via Mastercard, Visa, Discover, and Cash.
10. Cancellation and Termination of Accounts
ReCYCLE ROOM has the right to suspend access to any user at any time for failing to comply with these Terms of Service. Upon cancellation or termination, all content associated with such subscription will be deleted immediately.
11. Proprietary Rights
ReCYCLE ROOM owns all legal right, title, and interest in the Site, including any intellectual property rights which subsist in the Site, and any comments or submissions you make to or through the Site. You may not use any of ReCYCLE ROOM’S trade names, trademarks, service marks, logos, domain names, or other distinctive brand features.
12. User Comments, Feedback, and Other Submissions
ReCYCLE ROOM is pleased to hear from users and welcomes your comments regarding our products and Service. If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that ReCYCLE ROOM may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to the Company. ReCYCLE ROOM is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. ReCYCLE ROOM has the right but not the obligation to monitor and edit or remove any Comments.
You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead ReCYCLE ROOM or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. ReCYCLE ROOM takes no responsibility and assumes no liability for any Comments posted by your or any third party.
13. Personal Information Submitted Through the Site
14. Account Security
You are responsible for safeguarding the password that you use to access the Site. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify ReCYCLE ROOM of any unauthorized use of your password. You acknowledge that if you wish to protect your transmission of information to ReCYCLE ROOM, it is your responsibility to use a secure encrypted connection to communicate with and/or utilize the Products and Service.
15. Disclaimer, Limitation of Liability, and Indemnity
16. Dispute Resolution
Mindful of the high cost of litigation, not only in dollars but also in time and energy, both you and ReCYCLE ROOM agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Site, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it (“Dispute”), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent to, (in addition to providing ReCYCLE ROOM your last-used mailing address) to:
9800 Buccaneer Mall Suite 4
Charlotte Amalie, U.S. Virgin Islands
If this Dispute Resolution process does not result in satisfaction of the Dispute, then you agree to submit the issue to non-binding mediation in St. Thomas, USVI. Both you and ReCYCLE ROOM agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party.
17. Choice of Law
This Agreement shall be construed in accordance with the laws of the United States Virgin Islands, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of the United States of The Virgin Islands. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of ReCYCLE ROOM’S right to require strict observance of each of the terms herein.
If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the Site.
These terms are effective unless and until terminated by either you or ReCYCLE ROOM. You may terminate this Agreement at any time by terminating your account and discontinuing use of the Site. The Company may also terminate this Agreement at any time without notice, and accordingly may deny you access to the Site, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
20. Entire Agreement: This is the entire and exclusive agreement between the user and ReCYCLE ROOM.
All ReCYCLE ROOM clients must have an account with a valid e-mail and phone number to register for classes. Registration may be done online or in-person at the studio.
If the class you want is full, add yourself to the waitlist. As bikes are cancelled, the list moves up automatically and moves the next person onto the bike that was canceled. A notification e-mail will be sent immediately.
If you sign up for the waitlist, it is the same as signing up for a class. The same cancellation policy applies. However, if you move off the waitlist less than 30 minutes prior to class and cannot make it, let us know and you will be early cancelled.
If the waitlist is full, the client will be asked to keep checking for availability or to choose another class time. We cannot add clients to the waitlist once it is full.
If you are not signed in FIVE (5) minutes prior to class, your bike will be given away.
INSTRUCTORS ARE SUBJECT TO CHANGE WITHOUT NOTICE.
All daytime (from 11 am on) and evening classes MUST BE CANCELLED NO LESS THAN 6 HOURS PRIOR TO CLASS. ALL EARLY MORNING CLASS (5:00 am -10 am classes) RESERVATIONS must be cancelled BY 8 pm the night before to avoid a late cancel charge of $10 for monthly memberships, $15 for “NO SHOW” of monthly memberships, or the loss of one class if you have a class package. Please cancel through our online portal to open spots for waitlisted clients.
A client may cancel a class by using our website (https://www.therecycleroomvi.com) or in studio.
Cancellation fees will be billed monthly to the credit card on file. Please email us at firstname.lastname@example.org if you have any questions.
Bikes are released to waiting guests 4 minutes prior to class if a client has not arrived and has not called to let us know they are running late.
If you do not show up, cancel your class, or contact us within the appropriate amount of time, you will be charged a $15 fee or lose that class.
We do not recommend having a confirmed bike for one class and getting into another from the waitlist within the late cancel period, as you will be charged for both spots - we are unable to accommodate switching between classes.
Early cancels are not refunded - class is put back into your account for a future use.
ReCYCLE ROOM reserves the right to cancel classes less than 30% capacity up to 45 minutes before class. Riders will be notified via email and credited the class.
Class packages CANNOT be shared between clients.
Single classes, class packages and memberships can be paid for online through www.therecycleroomvi.com. Or in person at ReCYCLE ROOM.
All merchandise may be returned unworn and unwashed with tags on 7 days after the original sale for studio merchandise credit. Any worn merchandise will not be accepted for return. Sale items are final.
Gift Cards are valid for ReCYCLE ROOM classes only and cannot be converted into cash value.
This is auto renewal with no long term commitment. If you need to cancel your contract please email us in 30 days prior to the day you would like to end membership. Monthly Unlimited rate subject to change after cancellation of membership.
CONTRACT TERMS: I agree to purchase the Monthly Auto-Renew Unlimited Classes program as an automatic charge to my credit card or debit card for [agreed amount at time of contract] each month. Statements will be labeled ReCYCLE ROOM. I understand that I will notify ReCYCLE ROOM 30 days prior to when I would like to cancel. I hereby certify that I am the holder of the credit/debit card, or an authorized signer. By purchasing an Auto-Renew contract, I understand that I am still accountable for the ReCYCLE ROOM class cancellation policy.
You must be 13 years old or older to take a ReCYCLE ROOM class. If you are under 18 years old, we require your legal guardian to sign a consent form IN STUDIO, IN PERSON prior to riding. Riders must be over 4’ 10’ to ride. We do not allow unaccompanied minors to be left in the lobby during class. No exceptions.
*Our monthly unlimited pricing is auto-renewal.
*Single classes and 5,10, 15 and 25 Package Series expire between 4 - 8 months after the initial date of first use unless otherwise specified.
*The maximum number of rides a client may do in a single day is 2.
*ReCYCLE ROOM is not responsible for any lost, damaged, or, stolen items.
*All items left in the studio will be kept in Lost & Found for 1 month and then donated to ReUse Emporium.
*Our bikes can accommodate individuals 4’ 10” - 6’10”, and weight up to 300 pounds.