Terms and Conditions

 

Terms

This policy governs your use of the ECKERCISE Website (the “Website”) and the ECKERCISE Mobile Application (the “App”). The Website and the App are designed to allow users to make class/series purchases, register for classes, buy merchandise, and communicate with ECKERCISE Inc. (“ECKERCISE”).

 

General Statement on Privacy, Personal Data, and Communications

If you use the Website or the App, you are responsible for maintaining the confidentiality of your account, password, and for restricting access to your computer or device. You agree to accept responsibility for all activities that occur under your account and password.

When you visit the Website, use the App, or communicate with ECKERCISE via email, you are communicating electronically. You consent to receive communications from ECKERCISE electronically. ECKERCISE will communicate with you by email or by posting notifications on the Website and/or the App. You understand and agree that all agreements, notices, disclosures, and other communications that ECKERCISE provides electronically satisfy any legal requirement that such communications be in writing.

 

User Provided Information

ECKERCISE does not collect any personal information about individuals – such as names and postal codes, home addresses, and email addresses – except when such information is knowingly provided to ECKERCISE. Personal information might be obtained from online transactions such as class/series purchases, retail purchases, and/or class registrations. Additionally, personal information may be transmitted as part of a form submission or in connection with other activities or services made available on the Website or App. Any personal identification information retrieved by ECKERCISE must be voluntarily submitted by the user.

ECKERCISE may use the information provided to contact you with important information, required notices, and marketing promotions.

 

Automatically Collected Information

The Website and App collect some anonymous information about users automatically when individuals request pages through a browser. This information is used to keep track of the shopping cart and to help us monitor how individuals use the Website and App, which allows ECKERCISE to provide an optimal experience and better service throughout the online offerings. The information collected automatically by the server does not contain anything that can identify individuals personally, such as an email or home address.

 

Security Statement

ECKERCISE makes every effort to ensure that all of the transactions that occur on the Website and App are secure. All credit card numbers and transactions are encrypted using 128-bit Secure Socket Layer (SSL) encryption. We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve the Website and App. Please be aware that, although we endeavor to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.

 

What is a Secure Connection?

When a secure connection is established between your browser and a website, any data that is transferred over the connection will be encrypted to prevent it from being viewed by a third party. SSL encryption makes it very difficult for anyone to intercept or decode messages exchanged over this type of secure connection.

 

Browsers such as Internet Explorer, Firefox, and Safari display an image of a locked padlock on their status bar when connected to a secure site. Google Chrome shows a green locked padlock on the far left side of the status bar when there is a secure SSL connection. Firefox colors the address bar yellow when connected to a secure site. Secure transactions are also indicated when the prefix in the location bar of your browser switches from http:// or https://. The additional ‘s’ stands for ‘secure’ and indicates a secure connection to the ECKERCISE website. If you do not see this padlock, if it is unlocked, or if the protocol in the location bar is not listed as https://, then any data exchanged with the website is potentially visible to others.

 

Depending on your browser, you may be able to view authentication information about a secure page by double-clicking on the padlock icon in the status bar. For more information on how your software establishes a secure connection, see the help files for your particular browser.

 

Cookies

A cookie is a small text file that is sent to your browser from a website and stored on your computer’s hard drive. Cookies cannot read data from your hard disk or read cookie files that were created by other sites – the website that creates a cookie is the only one a browser will permit to access it.

 

Like many other websites and applications, the Website and App use cookies to obtain certain types of information. For example, ECKERCISE might use cookies to control access to certain features such as your password and account, to customize content areas, or to analyze site activity and user behavior. ECKERCISE reserves the right to use cookies in the future in conjunction with new content or expanded functionality.

 

If you are concerned about the use of cookies, you can explore your web browser’s options to notify you whenever a cookie is set, or to disallow cookies altogether. You should be aware that prohibiting the use of cookies will significantly restrict access to certain types of content or features.

 

How Information is Used

The following are examples of how ECKERCISE might use the personal information collected through the Website and/or App:

 

* If you purchase a ECKERCISE series, sign up for a ECKERCISE class, or purchase ECKERCISE retail items, the required personal information (similar to that provided during a telephone or mail order purchase) will be used to complete your order.

 

* If you indicate that you are interested in receiving ECKERCISE related news and information, you may receive emails to the email address you provided as part of the registration process.

 

For the non-personally identifiable information collected throughout the Website or App:

 

* Aggregate data could be analyzed to describe the collective characteristics and behaviors of online visitors, and subsequently be used to further optimize the effectiveness of the website, the mobile application, and the overall ECKERCISE experience.

 

You can help ECKERCISE maintain the accuracy of your personal information by updating your account. Please update this information when you change your address, phone number, or email address. ECKERCISE will never share telephone numbers, email addresses, or any personal data with third parties.

 

ECKERCISE reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders, at its sole discretion.

 

Privacy of Minors

If you are under 18, you may register and use the Website and App only with the involvement of a parent or guardian. ECKERCISE does not accept the online registration of minors; please do not attempt to register on the Website if you are under the age of 18. Registration of a minor (ages 12-17) must be completed in person at one of our studios with a parent or guardian. Minors (ages 12-17) who meet the minimum height requirement of 4”11” and who have submitted a Minor New Rider Waiver Form signed by a parent or guardian, may sign up for classes online.

 

If ECKERCISE discovers that personal information has been submitted by a minor without a signed participant/registration waiver, ECKERCISE reserves the right to delete such information. ECKERCISE does not seek or share personal information from minors throughout the Website or App.

 

Reservations/Charges

In order to make a reservation, you must first own a single class or a series (multiple classes). To buy an individual class or series online, you can either sign up here by using your email and creating a password, or if you are already registered, click login to buy a series and make your reservation.

 

You should be aware that classes and series expire, and future prices are subject to change. We accept MasterCard, Visa, and American Express. Cash payments may only be made in a ECKERCISE studio. You can reserve classes online up to 1 week in advance (Monday through the following Monday), but not later than 1 hour prior to class time. Deadlines apply regardless of available functionality.

 

Your credit/debit card will be charged for your order when you submit your reservation. ECKERCISE will not process reservation charges that use an incorrect, expired, or over-the-limit credit card. 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 ECKERCISE may incur in its efforts to collect any unpaid balances from you.

 

Cancellation Policy

In order to cancel an ECKERCISE class and return it to your account, you must unreserve 12 hours prior to the class. Once your class is cancelled, the class will be returned to your account to be used at a future date; the class is not refunded. If you haven’t cancelled your class twelve hours before, your scheduled class will be charged to your series.

 

You can cancel your reservation in the following ways:

 

1) Log into your account and cancel your reservation.

 

2) Call the studio where you’re booked to cancel the class for you.

 

Please note, in fairness to all our customers, CLASSES WILL BE RELEASED TO  THOSE WAITING 4 MINUTES PRIOR TO CLASS.

 

FOR THOSE RUNNING LATE: We ask that you call the studio to let us know you are on the way. The front desk will hold a reservation for up to 5 minutes after class begins. Those who are more than 10 minutes late will not be admitted into class as it is too disruptive.

 

FOR THOSE LEAVING EARLY: If you’re planning on leaving early, we kindly request that you tell the instructor ahead of time.

 

Waiver and Release

By signing up for and/or attending classes, events, activities, and other programs and using the premises, facilities and equipment (individually and/or collectively, the “Classes and Facilities”) of ECKERCISE and its subsidiaries, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in exercising and exercise equipment in association with the Classes and Facilities. You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You also acknowledge that the specific risks vary from one activity to another, but range from (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and (3) catastrophic injuries including paralysis and death. At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by staff. If in the subjective opinion of the ECKERCISE staff, you would be at physical risk participating in ECKERCISE’s Classes, you understand and agree that you may be denied access to the Classes and Facilities until you furnish ECKERCISE with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing ECKERCISE’s concerns and stating that ECKERCISE’s concerns are unfounded. In consideration of being allowed to participate in and access the Classes and Facilities, you hereby (1) 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) release, indemnify, and hold harmless ECKERCISE, its direct and indirect parent, subsidiary affiliate entities, and each of their respective officers, directors, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Classes or use of the Facilities, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly using any of ECKERCISE’s Classes and Facilities, (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. You acknowledge that if you have any chronic disabilities or conditions, you are at risk in using ECKERCISE’s Classes and Facilities, and should not be participating in any Classes.

 

Links/Third Party Websites

ECKERCISE has not reviewed all the sites linked to the Website and/or App, and is not responsible for the content or any off-site pages or other linked sites. Although a third party website and/or app may contain the ECKERCISE logo, please understand that it is independent from ECKERCISE, and that ECKERCISE has no control over the content of that website and/or app.

 

Going to third party or off-site websites from the Website and/or App is at your own risk. These links do not imply endorsement of, sponsorship of, or affiliation with ECKERCISE.

 

Intellectual Property Rights

The trademarks and trade dress of ECKERCISE are proprietary to ECKERCISE and may not be used by you for any reasons other than as expressly permitted by these terms. All Website and App content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are property of, or duly licensed to, ECKERCISE. You have the right to view, electronically copy, and print in hard copy portions of the Website and App for the sole purpose of making class reservations, purchases, or other personal use.

 

Any other use of materials on the Website, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of ECKERCISE, is strictly prohibited.

 

You acknowledge that ECKERCISE and/or third party content providers remain the owners of all Website and App materials, and that you do not acquire any of those ownership rights by downloading, copying, or using any such material in accordance with these Terms and Conditions. ECKERCISE may discontinue or remove the Website or App, or any portion thereof, or discontinue your right to use the Website or App, or any portion thereof, at any time.

 

NOT AUTHORIZED TO PERFORM DATA MINING

You are not authorized without the prior written permission of ECKERCISE to use any computer code, data mining software, “robot,” “bot,” “spider,” “scraper” or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this Website and/or App or accessed through this Website and/or App. You also may not engage in the mass downloading of files from this Website and/or App; use the computer processing power of this Website and/or App for purposes other than those permitted above; flood this site with electronic traffic designed to slow or stop its operation; or establish links to or from other websites to this Website.

NOT AUTHORIZED TO USE THIS WEBSITE FOR COMMERCIAL PURPOSES

Users are not authorized to sell, reproduce, distribute, modify, display, publicly perform, report or otherwise prepare derivative or second hand works based on any of ECKERCISE’s material in any way for any public or commercial purpose. Thus, you are not authorized to (i) resell or make commercial use of this site or its contents; (ii) collect or use any product listings, descriptions, photographs or prices displayed on this Website and/or App in connection with the sale or resale of any ECKERCISE products or for other commercial purposes; or (iii) create, reproduce and/or distribute any materials derived from the content provided on this Website and/or App. Furthermore, ECKERCISE’s material may not be displayed or communicated on any other website and/or app, in a networked computer environment or other digital support for any purpose whatsoever. In the event of breach of any of these Terms, User’s permission to use ECKERCISE’s material will automatically terminate and any copies made of ECKERCISE’s material must be immediately destroyed.

 

Any unauthorized use of ECKERCISE’s material may violate state and federal criminal laws, infringe copyright laws, trademark laws, the laws of privacy or publicity, and communication regulations and statutes.

 

Warranty Disclaimer and Limitation of Liability

In no event will ECKERCISE be liable for any direct, indirect, special, or other consequential damages resulting from your use of the Website, the App, or on any other linked/third-party website, including without limitation, any lost profits, business interruption, loss of programs, or other data on your information handling systems or otherwise, including any claims waived by you previously in this agreement even if ECKERCISE expressly advised of the possibility of such damage.

 

All information is provided by ECKERCISE on an “as is” basis only. ECKERCISE provides no representations and warranties, express or implied, including the implied warranties of fitness for a particular purpose, merchantability, and non-infringement.

 

Choice of Law

The Website, App, and your use hereof, is governed by the laws of the State of Connecticut, without regard to Connecticut’s choice of law provisions. Any claim arising out of your use of this Website or App must be brought in Connecticut.

 

Policy Changes

Occasional changes may be made to this document as new services and content are added to the Website or App to reflect changes in ECKERCISE’s policies. The Terms and Conditions may be revised at any time by updating this posting. By using the Website or App, you agree to be bound by any such revisions. Users of the Website and App are encouraged to check this document periodically to stay informed of current privacy guidelines.

Acceptance of Terms

By using the Website or App, you signify your acceptance of the Terms and Conditions. If you do not agree to this, please refrain from using the Website or App. Your continued use of the Website or App following the posting of changes to these terms will indicate your acceptance of those changes.