<div>All customers and visitors to www.pelofitness.com (the "website") are subject to Pelō Fitness LLC's terms and conditions as expressed below.
These terms and conditions are meant to ensure that our customers are using our facilities and services with due regard to their rights and the rights of other users, and in conformity with Pelō Fitness's standard and current procedures, rules, regulations and requirements. Pelō Fitness reserves the right to update, modify, change or delete any or all of the terms and conditions at anytime. 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 don’t agree, don’t use this website. </div><div> </div><h2><span style="font-size:14px;">Purchasing Classes and Making Reservations</span></h2><div>The only way to access our facilities is through our website. After you create a username and password, you can purchase class credits and then reserve your class. </div><div>We accept Mastercard, Visa, American Express, debit cards and cash. You can reserve classes up to 10 days in advance. Your credit/debit card will be charged when you purchase class credits and class credits will be deducted from your account when you reserve a class. Pelō Fitness cannot process class credit purchases that use an incorrect, expired, or over-the-limit credit card. We will make good faith 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 will be responsible and liable for any fees, including attorneys' fees and collection costs, that Pelō Fitness may incur in its efforts to collect any unpaid balances from you. There are refunds or cancellations of cycling credits. </div><div> </div><div>AutoPelo 200 requires a 3 month commitment, then you can cancel anytime. The first month price and credits are pro-rated to the date of sign up. Class credits do not rollover to next month, all late cancel rules apply and this program can be put on hold for only one month, once per year. </div><div> </div><h2><span style="font-size:14px;">Confidentiality/Personal Data/Electronic Communications</span></h2><div>All transaction information is encrypted and transmitted over a secure network. </div><div>It’s important for you to protect your user name and password to prevent unauthorized use of your account or access to your personal information. If you use this website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.</div><div> </div><div>When you visit www.pelofitness.com or send emails to us, you are communicating electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. </div><div> </div><div>If you are under 18, you may register and use the Pelō Fitness website only with the involvement of a parent or guardian. Pelō Fitness does not accept the online registration of minors; please do not attempt to register on our website if you are under the age of 18. </div><div>Pelō Fitness reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. When you visit Pelō Fitness or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. </div><div> </div><h2><span style="font-size:14px;">Cancellation policy</span></h2><div>In order to cancel a Pelō Cycling & Fitness class without using a class credit, you must cancel 12 hours prior to your class time. Canceling your reservation is easy. Just log into your account, click on my reservations and cancel the reservation. </div><div>Once your class is cancelled, the class credits will be returned to your account for future use; the class credits are not refunded. If you haven't cancelled your reservation by at least 12 hours before the class time, the class credits will not be returned to your account. </div><div> </div><h2><span style="font-size:14px;">Wait list</span></h2><div>If you choose to be on the wait list for any class, you will be notified by email when a spot opens up in and you are added to the class. Once you are added to the class, all normal late cancellation rules apply. If you decide you do not want to come to class,
you must cancel your spot on the wait list or you will be charged the appropriate number of credits if a spot opens up and you are added to class.</div><div> </div><h2><span style="font-size:14px;">Links/third party websites</span></h2><div>Pelō Fitness makes no representations whatsoever about any other website which you may access through this one. Pelō Fitness has no control over content on sites you may access through a link on www.pelofitness.com</div><div>When you access a non-Pelō Fitness website, even one that may contain the Pelō Fitness logo, please understand that it is independent from Pelō Fitness, and that Pelō Fitness has no control over the content on that website. A link to a non-Pelō Fitness website does not mean that Pelō Fitness endorses or accepts any responsibility for the content, or the use, of such website. It is up to you to take precautions to ensure that whatever you select for your use is free of viruses, worms, trojan horses and other items of a destructive nature.
Pelō Fitness and the Pelō Fitness logo are service marks, trademarks, and/or trade dress of Pelō Fitness or otherwise proprietary to Pelō Fitness and may not be used by you for any reason other than as expressly permitted by this agreement. All website content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are the property of, or duly licensed to, Pelō Fitness. You have the right to view, electronically copy, and print in hard copy portions of this website for the sole purpose of making class reservations or other personal non-commercial use. Any other use of materials on this website, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of Pelō Fitness is strictly prohibited. </div><h2><span style="font-size:14px;">Waiver</span></h2><div>By signing up for and/or attending any class at Pelō Fitness, you expressly represent that: (i) you have been examined by a physician; (ii) your physician is aware that you intend to attend and/or use Pelō Fitness's class and facilities and has not warned you against doing so; (iii) you are not aware of any medical or physical condition which would prevent you from attending and/or using any of Pelō Fitness's classes and facilities and/or put you in any physical or medical danger; and (iv) you have been advised that individuals with any chronic disabilities or conditions are at risk in using Pelō Fitness's class and facilities and should not do so.</div><div> </div><div>As a result, you agree that there are certain inherent risks and dangers in indoor cycling and exercise and in using indoor cycling and exercise equipment in association with the classes and facilities. By participating in classes and using the facilities and equipment provided by Pelō Fitness, you hereby (i) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated as a result of classes and use of our facilities, (ii) waive, release and forever discharge Pelō Fitness, its officers, agents, members, employees, representatives, and all others from any and all responsibility, claims, rights causes of action and/or liability from injuries or damages to your person or property resulting from your participation in and use of the classes and facilities, except for gross negligence or intentional misconduct. </div><div> </div><div>Finally, Pelō Fitness staff are not trained medical providers and will not provide medical advice. As a result, they cannot be expected to spot, anticipate or diagnose any medical condition. Nevertheless, if Pelō Fitness staff become concerned that you would be at physical risk by using Pelō Fitness's classes and facilities, you will be denied access to Pelō Fitness and its classes and facilities until you furnish Pelō Fitness with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing Pelō Fitness's concerns, and stating that Pelō Fitness's concerns are unfounded. If you decline to obtain such a letter, you will not be permitted to use the classes and facilities of Pelō Fitness.</div><h2><span style="font-size:14px;">Disclaimers</span></h2><p><span style="font-size:12px;">In no event will Pelō Fitness be liable to you or any other party for any direct, indirect, special or other consequential damages resulting from your use of this website, the classes, facilities or on any other hyper-linked website, including, without limitation, any lost profits, business interruption, loss of programs or other data on your information handling system or otherwise, including any claims waived by you previously in this agreement or other even if we are expressly advised of the possibility of such damages. All information is provided by Pelō Fitness on an "as is" basis only. Pelō Fitness provides no representations and warranties, express or implied, including the implied warranties of fitness for a particular purpose, merchantability and non-infringement. This website, and your use hereof, is governed by the laws of the state of California, without regard to California’s choice of law provisions, and any claim arising out of your use of this website must be brought in California. </span></p><div>In the event Pelō Fitness is found liable for damages under any theory, except intentional misconduct and gross negligence, then our maximum liability shall be the total value of all class credits purchased by you in the twelve months before the claim arose. </div><div> </div><div>Pelō Fitness may at any time revise these terms and conditions by updating this posting. By using this website, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current terms and conditions to which you are bound.</div><div> </div>