Terms of service.
Spark Cycling Studio, LLC
Website Terms of Use
Last Modified: May 4, 2021
Acceptance of the Terms
These terms of use are a binding legal agreement between the person or organization visiting or using the Website (“you”) and Spark Cycling Studio, LLC ("Company", "we" or "us"). The following terms together with any documents they expressly incorporate by reference (collectively, these "Terms"), govern your access to and use of <www.sparkcyclingstudio.com> including any content, functionality and services offered on or through the same (the "Website"), whether as a visitor or a registered user.
By using the Website, you agree to be bound by these Terms, our Privacy Policy found at <www.sparkcyclingstudio.com/privacy> (our “Privacy Policy”), the Privacy Policy of Mariana Tek Corporation, found at <www.marianatek.com/privacy> (“Mariana Tek’s Privacy Policy”), and the Master Services Agreement between the Company and Mariana Tek Corporation to the extent the same applies to End Users (as defined therein), which relevant parts shall be made available to you upon request (“Mariana Tek’s Terms”). All of the provisions from these Terms, our Privacy Policy, Mariana Tek’s Privacy Policy, and Mariana Tek’s Terms shall collectively be referred to herein as the “Controlling Provisions”). If you do not want to agree to any of the Controlling Provisions you are not authorized to use the Website.
This Website is offered and available to users who are 18 years of age or older. By using the Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet the foregoing eligibility requirements.
Changes to the Terms
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website and any service or material provided thereby in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
To access the Website or some parts of it, you may be asked to provide certain registration details or other information. All of the information you provide on the Website must be correct, current and complete. You agree that all information you provide to register with this Website, schedule a class through the Website, make a purchase through the Website, or use any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.
We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by intellectual property laws.
You may use the Website for your personal, non-commercial use only.
The Company name, the term Spark Cycling Studio, the Company’s logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with the Controlling Provisions. You agree not to use the Website:
In any way that violates any law of any country, infringes on any person’s intellectual property rights, or violates any privacy, contractual or other rights of any person.
To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
To introduce any viruses, trojan horses, worms, logic bombs or other technology, material or software that is harmful or that copies material from the Website.
To attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
Monitoring and Enforcement; Termination
We reserve the rights in our sole discretion to:
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Terminate or suspend your access to all or part of the Website for any or no reason.
We assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Copyright Infringement
Send any DCMA Takedown Notice to info@sparkcyclingstudio.com.
Reliance on Information Posted
The information on the Website is presented solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
Online Purchases and Other Terms and Conditions
All purchases through the Website are governed by the terms of service of the third party software applicable to such purchase, such as Mariana Tek and the payment processor used at the time, such as Stripe, Venmo, Square or PayPal, which applicable terms are hereby incorporated into these Terms by reference.
Additional terms and conditions may also apply to specific services, or portions or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We accept no responsibility for them, their content, or for any loss or damage that may arise from your use of the same. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Disclaimer of Warranties
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS/ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE MAKE NO WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING APPLIES TO THE GREATEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
Limitation on Liability
THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS WILL NOT IN ANY EVENT BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, EVEN IF FORESEEABLE. THE FOREGOING APPLIES TO THE GREATEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of any of the Controlling Provisions, or your use of the Website or the Website's content, services and products other than as expressly authorized in these Terms, or your misuse of any information obtained from the Website.
Governing Law and Jurisdiction
These Terms will be governed by the laws of Maine. Before taking any legal action against us, you will contact us in a good faith effort to resolve your dispute. If you do later take legal action, any such action will be resolved by binding arbitration conducted by a mutually agreed service in Maine. If we fail to reach agreement as to an arbitrator, either we or you may bring an action against the other in a court of competent jurisdiction in Maine.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver of by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Entire Agreement
These Terms are the entire agreement between us and you about the Website. They replace any other prior oral or written agreements between us and you about the Website.
Your Comments and Concerns
This website is operated by Spark Cycling Studio, LLC, 29 Burbank Ave, Brunswick, ME 04011. All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: info@sparkcyclingstudio.com.
All notices of copyright infringement claims should be sent to info@sparkcyclingstudio.com.
Notice for California Users
Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice:
Current prices for the services offered or promoted by this Website may be found by visiting <www.sparkcyclingstudio.com/pricing>. We reserve the right to change fees, surcharges or renewal fees or to institute new fees at any time.
California residents may reach the Department of Consumer Affairs Consumer Information Division at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.