Terms and conditions

These Terms and Conditions (these “Terms”), by and between you (“you” or “your”) and NYXX Cycle + Strength, LLC, a Kentucky limited liability company (“NYXX,” “we,” “us,” or “our”), govern your relationship with us, including, but not limited to, your use of the nyxxcycle.com website (the “Website”). In consideration of using the Website, you agree to be bound by these Terms, effective as of November 30, 2022, as they may be amended by us from time to time in our sole discretion. If you do not agree to these Terms, you are not permitted to register for an account, or use, view, or otherwise access the Website. Please be advised that information collected on this Website may be used to populate the program applications that we use for our services. 

On www.nyxxcycle.com, we provide informational and promotional materials for our fitness studio (the “Studio”) as well as the ability to sign up for our products and services. 

  1. Use. You must be 18 years or older to use, view, or otherwise access the Website. If you are under the age of 18, or unable to form a binding contract under applicable law, you may not use, view, or otherwise access the Website and must exit immediately. You must use and access the Website in a manner consistent with any and all applicable laws and regulations, and with these Terms. You may not post, upload, provide, or share to, on, or through the Website any profane, obscene, threatening, harassing, defamatory, misleading, false, or similarly harmful or unlawful content. You may not damage, disable, disrupt, impair, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of the Website, our computer systems, servers, or networks, or interfere with or disrupt any other party's (i) use and enjoyment of the Website or (ii) computer systems, servers, or networks. 

  2. Your Account. To fully utilize the Website, you may be required to create an account, which account shall be password protected. Our information collection and use policies with respect to the privacy of personal information are set forth in our Privacy Policy (“Privacy Policy”), which is incorporated herein by reference. Please read our Privacy Policy before submitting any personal information. You are responsible for maintaining the confidentiality of your account username and password, and you agree to notify us promptly if you believe the confidentiality of your account has been compromised in any way. If you are creating an account in that capacity, we reserve the right to verify your identity and credentials by requiring additional information from you. You represent and warrant to us that the information submitted by you in the creation of your account is in all respects true, accurate, correct, and complete, and you agree to update your account periodically and in the event that any information therein is no longer true, accurate, correct, and complete. Our verification of the identity and credentials of a in no way serves as our endorsement or recommendation of such, nor serves as a representation or warranty from us of any kind pertaining to such, including, without limitation, a representation or warranty pertaining to such ’s identity, credentials, reliability, efficiency, skill, or knowledge.

  3. Posts and Uploads by Others. We do not own, and to the fullest extent permitted by law, we are not responsible or liable for, the content posted, uploaded, provided, or shared to, on, or through the Website by other users of the Website, and such content does not necessarily reflect our views or opinions. We make no representations or warranties of any kind regarding the Website content, including, without limitation, any such content. We do not represent or warrant that the Website content is accurate or reliable. Users of the Website are solely responsible for the content which they post, upload, provide, or share to, on, or through the Website. We do not endorse or recommend any content posted, uploaded, provided, or shared to, on, or through the Website by users of the Website. 

  4. Third Party Companies and Products. We make no representations or warranties regarding any third party, third party product, third party service, third party website, or third party application referenced or linked on the Website, and reference or link on the Website of or to any third party, third party product, third party service, third party website, or third party application does not constitute an endorsement or recommendation thereof by us. We assume no responsibility or liability, with regard to the selection, performance, skill, efficiency, functionality, safety, or otherwise, of any of the foregoing. These third parties have their own privacy and information collection practices. We shall not be responsible or liable in any way for any damages, causes of action, fees, or other harm caused by these independent websites, or the policies, collection practices, and/or sales related thereto. You should review such websites' policies (including the privacy policies) to understand how such websites might collect and use personally identifiable information.

  5. Intellectual Property. We are the sole owner of all right, title, and interest in and to the Website and the Website content and all related intellectual property, copyrights, database rights, trademarks, trade secrets, and other proprietary rights therein throughout the world (collectively, "Intellectual Property"). You may not use, modify, publish, broadcast, transmit, transfer or sell, rent, lease, reproduce, create derivative works from, distribute, circulate, disseminate, perform, link, display, or in any way exploit the Website or the Website content owned by us, in whole or in part, without our prior written consent, which may be withheld in our sole and absolute discretion. The use of any of our trademark(s), trade name(s), or service mark(s) without our express written consent is prohibited, which consent may be withheld in our sole and absolute discretion. 

  6. Cancellation; Modifications; Limitation of Liability; Disclaimers. We reserve the right at any time and from time to time to (i) terminate or modify the Website or Website content; (ii) offer additional or different Website content, products or services; or (iii) offer Website content, products or services for a fee or on a subscription basis. We further reserve the right for any reason, with or without cause, to terminate, cancel, restrict or otherwise modify your access to or right to use the Website, and our products and services. We make no guarantee or warranty whatsoever that the Website or Website content are accurate or reliable. 

THE WEBSITE AND THE WEBSITE CONTENT ARE PROVIDED ON AN “AS-IS,” “WHERE-IS,” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THE WEBSITE AND THE WEBSITE CONTENT, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ERRORS WILL BE DETECTED OR CORRECTED. WE DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY COMPUTER VIRUSES, BUGS, MALICIOUS CODE OR OTHER HARMFUL COMPONENTS, DELAYS, INACCURACIES, ERRORS OR OMISSIONS, OR THE INACCURACY, INCOMPLETENESS, UNRELIABILITY OR NON-USEFULNESS OF THE INFORMATION DISCLOSED OR ACCESSED THROUGH THE WEBSITE. WE HAVE NO DUTY TO UPDATE OR MODIFY THE WEBSITE AND WE ARE NOT LIABLE FOR OUR FAILURE TO DO SO. 

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU, ON BEHALF OF YOURSELF, YOUR HEIRS, AGENTS, REPRESENTATIVES, ASSIGNS, AND/OR NEXT OF KIN HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE US, OUR MEMBERS, MANAGERS, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, SUCCESSORS, AND ASSIGNS (THE “RELEASEES”), FROM AND AGAINST ALL LIABILITY, CLAIMS, CAUSES OF ACTION, DEMANDS, LOSSES, OR DAMAGES, TO YOUR PERSON OR PROPERTY, RELATED TO OR ARISING OUT OF THE WEBSITE OR THE WEBSITE CONTENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, LOST ANTICIPATED PROFITS, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF THE RELEASEES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY OF THE RELEASEES ARE HELD LIABLE TO YOU IN A COURT OF COMPETENT JURISDICTION FOR ANY REASON, SUCH RELEASEES SHALL NOT BE LIABLE TO YOU FOR ANY AMOUNTS IN EXCESS OF ONE HUNDRED DOLLARS ($100.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY LIMITATION ON REMEDIES, DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, THE RELEASEES SHALL REMAIN ENTITLED TO THE MAXIMUM DISCLAIMERS AND LIMITATIONS AVAILABLE UNDER THESE TERMS, AT LAW AND/OR IN EQUITY.

  1. Indemnification. You understand and agree that you are personally responsible for your behavior on the site. You agree to indemnify, defend and hold harmless NYXX, its affiliates, and their respective directors, officers, employees, agents, contractors, licensors and any third party providers to the site, service or content from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting or arising out of your use, misuse, or inability to use the site, the service or the content, or any violation of the Terms or any breach by you or any user of your account of any of your representations and warranties.

  2. Studio Policies. 

    1. Pricing: We reserve the right to change our pricing at any time and for any reason. In the event of a change to our pricing we will post new pricing only or send you a notification of such change. 

    2. No Show Fee: Your failure to attend a class that you have book in advance will result in a no show fee of $15.00. 

    3. Late Cancel Fee: If you need to cancel a class that you have booked, you must do so at least 8 hours in advance of the class. If you do not cancel your class at least 8 hours in advance you will be charged a late cancel fee of $10.00. 

    4. Membership Cancellation: In order to cancel your membership you must provide written notice of your intent to cancel your membership thirty (30) days in advance of your next billing cycle. Upon NYXX’s receipt of your written notice of cancellation, you will be charged for one additional month fee and your membership will be deemed terminated.  

    5. Merchandise Refunds: NYXX will issue store credit on goods purchased within thirty (30) days of purchase, with a valid receipt, and provided the item is still in its original packaging and includes tags.

    6. Class Expirations: Class packages of five classes expire three (3) months from the date of purchase. Class packages of ten classes expire six (6) months from the date of purchase. Class packages of twenty classes expire twelve (12) months from the date of purchase.

    7. Age Policy: You must be at least eighteen (18) years of age to attend classes. 

  3. General Waiver and Release. By creating an account with NYXX and attending classes and other programs at the Studio, you hereby agree and acknowledge the risks and dangers associated with attending and participating in classes. You hereby agree to (i) assume full responsibility for any and all injuries or damages which are sustained by you or aggravated as a result of attending and participating in such classes, (ii) waive, release and forever indemnify and hold harmless the Releasees from any and all claims, rights and causes of action or liability from injuries or damages to your person or property resulting in your attendance and participation in classes. NYXX hereby advises you that persons with chronic disabilities or health conditions may be at risk in using our equipment and attending and participating in our classes, and therefore are advised against doing so. Notwithstanding the foregoing, in the event such persons elect to attend and participate in classes they are doing so at their own risk. All persons should consult with their physician before attending and participating in classes. You hereby assume all risks of accidents and injuries of any kind. 

  4. Miscellaneous. These Terms supersede all prior terms and conditions, understandings, agreements or arrangements between you and us, whether oral or in writing. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between us and you prior to these Terms except as expressly stated in these Terms. These Terms may only be modified by a written amendment signed by an authorized representative of NYXX or by the posting of a revised version by us. In the event these Terms are modified, you agree to be bound by any such modifications. These Terms shall be subject to and governed by the laws of the State of Ohio, excluding any conflicts-of-law rule or principle that might refer the construction or interpretation of these Terms to the laws of another state. Any dispute or claim arising out of or in connection with these Terms will be subject to the exclusive jurisdiction of the federal and state courts sitting in Ohio. If any part of these Terms is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these Terms or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may not assign your rights under these Terms to any party. We may assign our rights under these Terms without condition. These Terms will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns. The headings in these Terms are inserted for convenience of reference only and shall not be considered in the construction of the provisions hereof.

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