Psycle 9600 Website Terms and Conditions of Use


This Site is operated by Psycle 9600 LLC, a Colorado limited liability company (“Psycle 9600”) and Psycle 9600 has created and is authorized to create, maintain, update and revise this website, www.Psycle9600.com, the (“Site”).   You may contact us at: info@psycle9600.com.

Psycle 9600 owns and operates an indoor cycling studio located at high altitude, approximately 9,600 feet above sea level.  Psycle 9600.com provides visitors to this Site with access to information about the activities presented by Psycle 9600, scheduling and sign-up options concerning participating in the classes offered and provides the opportunity for users to utilize the Psycle 9600 Web Site (the "Site") under certain Terms and Conditions, which are set forth herein.  Users of this Site acknowledge that activity at the elevation of Psycle 9600’s studio carries potential risks to the medical well-being of the user and that each User is unique with his/her reaction to exertion under these circumstances. Accordingly, each User hereby acknowledges the following:

ACCEPTANCE OF THESE TERMS AND CONDITIONS THROUGH USE

By using this Site, you signify your agreement to all terms, conditions, and notices contained or referenced herein (the "Terms of Use") and are subject to Psycle 9600’s Privacy Policy.  For purposes of this Site and Psycle 9600’s business activities, a User’s use is herein defined as both utilizing this Site as well as physically participating in Psycle 9600’s services offered to the public.  We reserve the right, at our discretion, to update or revise these Terms of Use and/or our Privacy Policy. Please check the Terms of Use and Privacy Policy periodically for changes. Your use of this Site following the posting of any changes to the Terms of Use and Privacy Policy will be deemed your acceptance of such change(s).

ACKNOWLEDGMENT OF RISKS OF USE OF SERVICES

  • That each User is aware that exercise at altitude, even moderate, can present risks to the User which may impact, potentially seriously, a User’s physical and mental well-being.

  • That each User, in advance of any participation of the services offered by Psycle 9600, has either considered the possible risks or consulted with their personal physician concerning the proposed activity and the risks potentially associated with such activity.

  • That each User, having so considered the possible risks or consulted with their medical professional, is choosing to proceed having personally made the decision to accept the possible health risks of the proposed activity.

LIMITATION OF LIABILITY

  • UNDER NO CIRCUMSTANCES SHALL PSYCLE 9600 LLC, A COLORADO LIMITED LIABILITY COMPANY, ITS SUBSIDIARIES, MEMBERS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE AS WELL AS PARTICIPATING IN THE CYCLING SERVICES OFFERRED BY PSYCLE 9600.  THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF PSYCLE 9600 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, PSYCLE 9600'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

  • THIS LIMITATION OF LIABILITY EXPRESSLY INCLUDES ANY AND ALL MEDICAL RELATED EXPENSES TO ANY CLAIM OF INJURY OR ADVERSE HEALTH EFFECT RESULTING FROM THE USER’S PARTICIPATION IN THOSE CYCLING SERVICES OFFERRED BY PSYCLE 9600.

  • PSYCLE 9600 HAS A LIMITED BUSINESS RELATIONSHIP WITH A NEIGHBORING YOGA BUSINESS, BHAVA YOGA, TO THE LIMITED EXTENT OF OFFERING COMBINATIONS OF YOGA AND SPIN CLASSES; THE BUSINESSES ARE SEPARATE ENTITIES AND ARE NOT CONNECTED IN ANY OTHER MANNER, EITHER BY OWNERSHIP INTERESTS OR FINANCIAL INVESTMENT.  THIS LIMITATION OF LIABILITY SHALL EXTEND TO ANY CLAIMED INJURY OR ADVERSE HEALTH EFFECT RELATED TO, AS A RESULT OF OR ASSOCIATED WITH ANY YOGA CLASSES THE USER MAY ELECT TO PARTICIPATE IN UNDER THIS COMBINATION SERVICE NOR FOR ANY CLAIMED INJURY OR ADVERSE HEALTH EFFECT WHICH IS CLAIMED TO ARISE FROM THE TRAVEL TO AND FROM OR BETWEEN THE TWO SEPARATE ENTITIES.

INDEMNIFICATION

You agree to indemnify and hold Psycle 9600 LLC, its subsidiaries and affiliates and their respective Members, officers, directors, agents and employees, harmless from and against any and all claims, expenses, and demands, including attorneys' fees, made by any third party due to, arising out of, or asserted in connection with your use or misuse of this Site.  You agree and acknowledge that your “use” of this Site is herein defined specifically to include the act of your physical participation in those services offered by Psycle 9600, as previously noted in these Terms of Use, as well as your interaction with this Site. Psycle 9600 reserves the right to have control of any defense and control of any matter otherwise subject to indemnification by you.  You agree to cooperate with Psycle 9600 in asserting any available defenses.

AGREEMENT TO USER RULES

By utilizing this Site, each User agrees to abide by these Psycle 9600's User Conduct Rules set out below, including but not limited to, agreeing not to use this Site for any unlawful purpose:

- By posting information in or otherwise using any communications service, message board, or other interactive service that may be available to you on or through this Site, you agree that you will not upload, post, or otherwise distribute or facilitate distribution of any materials, including text, communications, software, images, sounds, data, or other information (hereafter "Content") that:

1. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy or publicity rights, tortious, or otherwise violates Psycle 9600's rules or policies

2. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party

3. constitutes unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling

4. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or

5. contains information, material, or pictures of any person who is not both older than eighteen (18) years old and over the age of majority in such person's state, providence, or country of residence.

- You also agree that you will not harvest or collect information about the users or members of this Site or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications.  Psycle 9600 generally does not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, or other interactive services that may be available on or through this Site. However, Psycle 9600 and its agents have the right at their sole discretion to remove any content that, in Psycle 9600's judgment, does not comply with these User Conduct Rules or is otherwise harmful, objectionable, or inaccurate.  Psycle 9600 is not responsible for any failure or delay in removing such content.

LINKS AND THIRD-PARTY SITES

Psycle 9600's Site may contain links to other websites, including websites operated by other private businesses.  When you link to another website, you leave our Site, which means that this Privacy Policy will no longer apply. When you link to another website, you are subject to the privacy policy of that website.  These other sites are not under Psycle 9600's control, and you acknowledge that Psycle 9600 is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites.  The inclusion of such a link does not imply endorsement of the Site by Psycle 9600 or any association with its operators.

Neither Psycle 9600 nor any employee of Psycle 9600 (1) warrants the accuracy, reliability, or timeliness of any information published by this system or (2) endorses any content, viewpoints, products, or services linked from this system. Neither Psycle 9600 nor any employee of Psycle 9600 shall be held liable for any losses caused by reliance on the accuracy, reliability, or timeliness of such information. Portions of such information may be incorrect or obsolete.  Any person or entity that relies on any information obtained from this system does so at his or her own risk.

INTERNATIONAL USE

Psycle 9600 makes no representation that materials on this Site are appropriate or available for use in any particular locations and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from any location do so on their own initiative, at their own risk, and are responsible for compliance with local laws.  If you use this Site in a jurisdiction that prohibits or restricts such use, your use will be subject to, without limitation, any other provision of the Terms of Use, and Psycle 9600 shall not have any liability with respect to such use.

CHOICE OF LAW AND FORUM

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Colorado, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this Site shall lie only in the state courts of Colorado in Summit County or the 5th Judicial District of Colorado federal court, and you further agree to and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

SEVERABILITY AND INTEGRATION

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Psycle 9600 with respect to this Site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Psycle 9600 with respect to this Site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

TERMINATION

Psycle 9600 reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without notice, for any reason, including, without limitation, if Psycle 9600 believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. This includes Psycle 9600's right to terminate a user's ability to post materials to the Site.  You acknowledge that Psycle 9600 shall not be liable to you or any third party for any termination of your access to this Site.


Revised 11/20/18