Terms & Conditions
Last Updated: February 8, 2019
Please take a few minutes to review these Terms and Conditions (the “Terms”) carefully. These govern your relationship with New Trail LLC, doing business as New Trail Cycling Studio (hereinafter “NTCS”), including, but not limited to, your use of https://www.newtrailcycling.com/ (the "Website"), your registration, purchase, and cancellation of NTCS classes and class packages, your purchase of NTCS products, your communication with NTCS, your participation in NTCS’s indoor cycling classes or any other classes, programs, trainings, or events, and your use of NTCS’s studios and associated facilities, and equipment now and in the future (collectively referred to herein as the “Services”). NTCS's Services including offerings on and off the bike.
Your use of the “Website” or your participation in the Services indicates your agreement to follow and be bound by the Terms. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST IMMEDIATELY DISCONTINUE ANY USE OF THE WEBSITE OR SERVICES.
1. Legal Agreement
Your use of this Website and the Services is governed by the Terms discussed below including any documents or policies they expressly incorporate by reference governing access to and use of NTCS’s Services, including any activities provided through the Website, social media accounts, mobile applications, newsletters, or communications with NTCS. If you do not agree to the Terms, please do not access or use our Website or participate in our Services.
Terms such as “NTCS,” “New Trail,” “us,” “we,” “our,” or “it” refer to New Trail LLC. “You,” “your,” “user,” “rider,” and similar terms means you, the individual accessing the Website or participating in the Services, as well as any other person or business on whose behalf you may be using the Website or who may have rights through you.
THIS AGREEMENT CONTAINS DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. SUCH DISCLAIMERS, OR ANY ITEMS DISCUSSED IN THESE TERMS, APPLY TO YOU AND ANY INDIVIDUAL UNDER THE AGE OF 18 FOR WHOM YOU ARE THE PARENT OR GUARDIAN.
PLEASE REVIEW SECTION 27 CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH NTCS ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
3. Revisions to the Terms
We reserve the right to revise and update these Terms at any time in our sole discretion without prior notice. All changes are effective immediately, but will not apply retroactively, when we post them on the Website, so your use of the Website or participation in the Services means you agree to be bound by those revisions. Therefore, we encourage you to periodically review these Terms.
If you do not accept and agree to any revised portions of these Terms, you may reject the Terms by immediately discontinuing use of the Website and the Services. In the event you reject the Terms and continue to access or use the Website or Services, such continued access or use is unauthorized.
4. NTCS Account
In order to participate in some of our Services, including purchasing or reserving any class or class packages discussed below, you will have to create an NCTS account (the "Account"). You can create your Account through this Website or at an NCTS studio. When creating your Account, you must provide and maintain accurate and complete information and you will be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password and keeping your password secure. You agree not to use the Account, username, or password of another NTCS rider or user at any time or to disclose your password to any third party. Each user may only create one Account, and NTCS reserves the right, in its sole discretion, to confirm that a user only has one Account. You may never create an Account using a false identity or information, on behalf of someone other than yourself, or use another person's Account without permission.
You agree to notify NTCS immediately if you suspect any unauthorized use of your Account, access to your password, or any other breach of security. You are solely responsible for any and all use of your Account. Although NTCS will not be liable for your losses caused by any unauthorized use of your Account, you may be liable for the losses of NTCS or others due to such unauthorized use.
These Terms shall remain in full force and effect while you use the Website, participate in our Services, maintain an Account, and even after your Account is terminated. You may terminate your Account at any time, for any reason by contacting NTCS at email@example.com. NTCS may terminate your Account at any time, without warning and in NTCS's sole discretion, if you breach these Terms, or otherwise.
If NTCS terminates your Account because you have breached the Terms, you may not be entitled to a refund of any unused classes or class packages, or any other Services, unless otherwise required by law.
privacy policies. Therefore, we recommend you read any third-party company’s terms and conditions and privacy policies so you can understand the manner in which they will handle your Personal Information.
5. Class Policies and Payment Terms
As part of the Services, NTCS offers indoor cycling or fitness classes and class package options classes and class package options available on the Website, including your Account. All classes are subject to the policies discussed in these Terms, provided through this Website, or listed at NTCS studios and are subject to change without notice.
(A) Classes and Class Packages
All classes are reserved through your Account and cannot be shared or transferred. Class packages do expire, and the class package expiration dates are posted in the description of the class or class package on the Website or the Account. Any posted class package expiration dates are determined in NTCS’s sole discretion. Any class or class package specials provided through NTCS or a third party (the “Specials”) are subject to availability and additional terms and conditions may apply. Specials cannot be combined with any other Specials.
(B) Class Reservations
Our interactive class schedule, available through the Website and your Account, allows you to book classes up to 14 days in advance. Reserving your bike in advance is the only way to guarantee your spot in class.
All class coaches posted on the Website or at NTCS studios are subject to change without notice. We also reserve the right to cancel any scheduled classes for whatever reason in our sole discretion. From time to time, NTCS may make the Services available through use of independent contractors. NTCS does not warrant or guarantee the quality of these services.
(C) Class Check-In Process
Please arrive at the NTCS studio at least 15 minutes prior to your class to check-in, rent your spin shoes, and set up your bike. In order to check-in, and therefore confirm your class attendance, please write your initials next to your name on the class roster available at the NTCS reception desk or next to the studio door.
You must check-in AT LEAST 4 minutes prior to your class or else your bike will be released. If you are running late, meaning you will not be able to check-in 4 minutes before class, you must call the studio for us to hold your bike.
If you are a minor under the age of 18, you must provide NTCS with the Parent/Legal Guardian Agreement for Class Participation of a Minor (the “Minor Class Waiver”) signed by your parent or guardian prior to your first class. You will not be able to participate in the class without the Minor Class Waiver, signed by your parent or guardian.
(D) Late Entry Policy
Please be on time and be respectful of the class mood set by the coach. You will not be able to participate in the class if you are over 4 minutes late to the scheduled start time and have not called the studio for us to hold your bike per as discussed above (the “Late Entry”).
NEW riders are not permitted to participate in a class as a Late Entry - it is unsafe and is a distraction to the class.
(E) Class Etiquette
Absolutely NO cell phones are allowed during a class. If you are on call, you may leave your phone at the reception desk and a member of NTCS will come get you during the class if there is an emergency.
Please place all belongings in the designated area at the NTCS studio, such as a cubby or on a hook. You may not bring any of your personal belongings in the class. Please note, NTCS will not be responsible for any of your personal belongings, including any personal belongings stolen, damaged, or lost when participating in any of the Services.
Please do not talk once class starts, save your conversation for after class.
We ride to the beat of the music, together, as a pack. We welcome you to do your own thing if you would like, but please choose a bike in the back.
If you need to leave prior to the class scheduled end time, please exit as discreetly and quietly as possible.
(F) Cancellation/No Show Policy
In order to cancel or reschedule a class reservation, you must notify NTCS of your cancellation at least 8 hours prior to the scheduled class through your Account. If you are unable to cancel or reschedule a class reservation through your Account, please email firstname.lastname@example.org or call the NTCS studio. Your reservation is not considered cancelled unless you receive a confirmation from NTCS. Once your reservation is canceled, the class will be credited back to your Account to be used at a future date.
If you fail to cancel or reschedule a class at least 8 hours before the scheduled class or do not show to a scheduled class, you will be charged for that class (the “Late Cancellation Fee”). If you are a monthly unlimited member, you will be charged a Late Cancellation Fee of $15.00. All Late Cancellation fees are subject to change without notice. NTCS reserves the right to waive or refund any Late Cancellation Fee on a case-by-case basis.
(G) Waitlist Policy
If a scheduled class is full, you may add your name to the online waitlist available through your Account (the “Waitlist”). If space in the scheduled class becomes available, riders on the Waitlist will be notified via email on a first-come, first-served basis. Once you receive email notification, you have 1 hour to either accept or reject the class reservation. If you do not respond to the email notification within the 1 hour timeframe, then you will lose your spot on the Waitlist. If you have a class reservation off the Waitlist, but fail to attend the class, the class reservation will not be credited back to your Account and you may be subject to the Late Cancellation Fee.
(H) Class Payment Terms
All class or class package purchases are final, and therefore nonrefundable. You cannot exchange any of your class or class package purchases and you cannot transfer them to another rider or user. Once a class package is purchased, you will receive a class credit in your Account for each class purchased in the class package.
All class and class package prices (collectively the “Class Prices”) or other prices for Services posted on this Website or at NTCS studios are subject to change without notice. The Class Prices charged will be the price in effect at the time the purchase is made through our online booking system and will be set out in your confirmation email. Price increases will only apply to orders placed after such changes. The Class Prices shown, or any other Services available for purchase on the Website, do not reflect any federal, state or local taxes (collectively “Taxes”). Taxes or any additional charges will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any purchases arising from such errors.
NTCS may also provide gift certificates, otherwise termed as “gift cards,” that can be used to purchase classes, class packages, or other Services as determined in NTCS’s sole discretion. Such gift cards may be subject to additional terms and conditions.
You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any. In the event your payment is returned for any reason, you will automatically be charged any bank fee imposed on NTCS, in addition to a processing fee, as determined by NTCS. If this occurs, we retain the right to collect any current and past due balances at any time after the returned payment.
NTCS reserves the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel any reservations or purchases. These restrictions may include, but are not limited to, orders placed by or under the same Account, the same credit card, or orders that use the same billing or shipping address. In the event that we make a change to or cancel an order, we will notify you by contacting the email, billing address, or phone number provided at the time you place your order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed
by dealers, resellers, or distributors. You agree to update your Account and other information, including your email address and credit card information, promptly so that we can complete your transactions and contact you as needed.
NTCS, in its sole discretion, may revoke any credits in your Account at any time and without refund, in the event that you breach these terms.
You shall not use any NTCS studio, associated facilities, or equipment associated with the Services in such a way that endangers the health or safety of yourself or others. You understand that you are responsible for any property damage or personal injury either you cause. You also agree not to violate any applicable laws or regulations in participating in the Services. NTCS, in its sole discretion, may revoke your ability to participate in the Services at any time and without refund, in the event that you engage in prohibited behavior described herein or violate any part of these Terms.
7. NTCS Equipment
You are strongly encouraged to request and take advantage of our initial and ongoing support available to ensure the proper and safe use of all NTCS equipment, including helping to set up your bike.
8. Loss of Property
We strongly urge you to not to bring valuables into NTCS’s studios, event locations, and associated facilities. You understand and agree that NTCS shall not be liable for the disappearance, loss, theft, or damage to your personal property, including but not limited to automobiles, money, negotiable securities, items left behind, or jewelry.
9. Medical Disclaimer
NTCS strongly recommends that your consult with your physician or have a physical examination before participating in the Services, especially if you are elderly, pregnant, or have a prior injury, have a history of heart disease, high blood pressure or other chronic illness, or are unaccustomed to physical exertion or have any other physical limitations.
You also acknowledge that through these Terms you have been informed that NTCS makes no claims as to medical results that can or may be obtained through your use of our Services. NTCS has neither suggested nor will suggest any medical treatment to you. Only licensed medical professionals are qualified to give medical advice.
10. Health Representations
In participating in NTCS’ Services, you represent that: (i) you do not have any medical or physical conditions that would preclude your use of the Services; (ii) you have not been instructed by any physician not to use the Services; and (iii) you are in good health and have no disability,
impairment, injury, disease or ailment preventing you from engaging in active or passive exercise or which could cause increased risk of injury or adverse health consequences as a result your participation in the Services.
11. Exercise Assumption of Risk
You understand that any strenuous athletic or physical activity – and related equipment –involves certain risks, and that NTCS cannot guarantee that your participation in the Services is free of such risk. You hereby KNOWINGLY, voluntarily and expressly assume the risks inherent in Your participation in the SERVICES, including the risk of injury, accident, death, loss, cost or damage to YOUR person, CHILDREN, GUARDIANS, or property
12. Website Modification, Suspension, or Cancellation
Any of the material on the Website may be out of date at any given time and we are under no obligation to update such material. However, we reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Website or Services, including processing of our products, with or without notice to you. You agree that NTCS shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Website or Services. In addition, we reserve the right to terminate your access to the Website or Services for any reason, and to take any other actions that we, in our sole discretion, believe to be in the interest of the Website, our Services, NTCS, and our users and riders as a whole.
13. Website Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms. You may not, nor may you permit, any third party directly or indirectly to:
1. Use the Website in any way that violates any applicable federal, state, local, or international law or regulation;
2. Export the Services of the Website, which may be subject to export restrictions imposed by US law, including U.S. Export Administration Regulations (15 C.F.R. Chapter VII);
3. Use the Website for the purpose of exploiting, harming, or attempting to exploit or harm, minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
4. Transmit, procure, or send any advertising or promotional material including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
5. Impersonate or attempt to impersonate NTCS, an NCTS employee, another user, or any other person or entity (including, without limitation, by using any email addresses associated with any of the forgoing);
6. Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm NTCS or users of the Website or expose them to liability;
7. Perform or attempt to perform any actions that would interfere with the proper working of the Services, prevent access to or use of the Services by our other customers, or impose an unreasonable or disproportionately large load on our infrastructure;
8. Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
9. Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
10. Copy, monitor, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell or distribute in any way the material, information or Services on the Website for any purpose without our prior written consent;
11. 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;
12. Attack the Website via a denial-of-service attack or distributed denial-of-service attack;
13. Transfer any rights granted to you under these Terms;
14. Otherwise use the Services except as expressly allowed under these Terms and applicable Policies.
If we reasonably suspect that your use of the Website has been for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, and any of your transactions, with law enforcement and to terminate or suspend your access to all or part of the Website.
14. 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 NTCS, its licensors, or other providers or such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms permit the use of the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, expect as follows:
1. Your computer may temporarily store copies of such materials incidental to your accessing and viewing those materials.
2. You may store files that are automatically cached by your Web browser for display enhancement purposes.
3. You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
4. If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end-user license agreement for such applications.
5. If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
1. Modify copies of any materials from this site.
2. Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
3. Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Website or any Services or materials available through the Website. If you wish to make any use of material on the Website other than as set out in this section, please address your request to: email@example.com.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms, your right to use the Website will end immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by NTCS. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
The NTCS name and all related names, logos, product and service names, designs, and slogans are trademarks of NTCS or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
16. Your Responsibilities If You Break the Terms
You agree that if you violate any of the Terms, or any liabilities are incurred arising out of your use of this Website or participation in the Services, you will be responsible for the costs and expenses that we or our officers, directors, employees, agents and suppliers incur as a result of the breach, including reasonable legal fees (if applicable). You will remain liable if someone else uses your shopping account or personal information unless you can prove that such use was fraudulent.
17. Reliance on Information Posted
The information presented on or through the Website or at NTCS studios is made available 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 strictly 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 NTCS studios, or by anyone who may be informed of any of its contents.
18. Age Restrictions
You must be at least 12 years old to participate in the Services. In order to use the Website, you must be at least 13 years old and in order to create an Account, you must be at least 16 years. Regardless, if you are under 18 years old, you may only use the Website, create an Account, or participate in the Services with permission from and involvement of a parent or legal guardian.
In cases where you are a parent or guardian who authorizes a minor under 18 to use our Website, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of our Website; (iii) the consequences of any misuse by the minor; and (iv) ensuring that you or another parent or guardian signed the minor’s Minor Class Waiver prior to that minor participating in the Services. You acknowledge that we have no obligation to monitor the content accessible on or through our Website. If you are a parent or guardian who allows a minor under 18 to participate in the Services, you warrant that the minor is (i) at least 12 years of age and (ii) meets the minimum weight requirement of 100 pounds. NTCS reserves the right to refuse any minor’s participation in the Services for any reason, in its sole discretion.
We do not collect personal information from individuals under the age 18 without parental or legal guardian consent, subject to the additional terms discussed herein. Our Website is not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Website. We do not knowingly collect personal information from children under 13 without verified parental or guardian consent. If you are under 13, you are not permitted to use our Website or any related Services and should not provide us with any Personal Information about yourself, including your name, address, telephone number, email address, or any screen name or user name you may use.
If we learn we have collected or received Personal Information from a child under 13 without verified parental consent, we will delete that information in accordance with the Children’s Online Privacy Protection Act. If you believe we might have any information from or about a child under 13, please contact us at firstname.lastname@example.org, and we will take reasonable steps to ensure that such information is deleted from our records.
20. Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
1. Link from your own or certain third-party websites to certain content on this Website.
2. Send emails or other communications with certain content, or links to certain content, on this Website.
3. Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional Terms we provide with respect to such features. Subject to the foregoing, you must not:
1. Establish a link from any website that is not owned by you.
2. Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
3. Link to any part of the Website other than the homepage.
4. Otherwise take any action with respect to the materials on this Website that is inconsistent with any provision of these Terms.
You agree to cooperate with us in stopping any unauthorized framing or linking immediately. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
21. Links from the Website
22. Geographic Restrictions
The owner of the Website is based in the Commonwealth of Virginia in the United States of America. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
23. Services Waiver and Release
In consideration of being allowed to participate in the Services, you forever waive and release NTCS, its members, owners, employees, trustees, contractors, volunteers, representatives, agents, assigns, successors, and anyone else acting for or on its behalf (collectively referred in this Services Waiver and Release as “NTCS”) from any and all liability arising out of the Services. On behalf of yourself or any others who may claim on your behalf, you promise not to sue, and hereby forever irrevocably waive, release, remise and discharge NTCS from any and of any and all liability, claims, demands, actions or rights of action, or damages of any kind related to, arising from, or in any way connected with, your participation in the Services. This Services Release and Waiver applies to all claims, demands, damages, costs, expenses, actions and causes of action foreseen or unforeseen, including negligence and breach of statutory or other duty of care. This Release and Waiver includes, without limitation, injuries that may occur as a result of NTCS’s instruction, training, or supervision; injuries that may occur as a result of equipment that may malfunction or break; any slip or fall or other injury related to or in and about any NTCS studio premises and associated facilities, or any other facilities or locations where the Services occur; and ailments during or following your participation in the Services.
YOU UNDERSTAND THAT YOU FORFEIT YOUR RIGHTS TO SUE NTCS FOR ANY CLAIMS ARISING OUT OF YOUR PARTICIPATION OF THE SERVICES, AND THIS IS A RELEASE OF LIABILITY THAT IS VALID FOREVER. You further agree that if you, or anyone on your behalf, assert a claim contrary to what you have agreed to in this Services Waiver and Release, the claiming party shall be liable for the expenses (including legal fees) incurred by NTCS in defending such claim.
24. Website Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL NTCS, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, CONTRACTORS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You understand that you assume full responsibility for your participation in the Services or use of the Website, and you agree to defend, indemnify, and hold harmless NTCS, 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 these Terms, your participation in the Services your use of the Website, including, but not limited to, any use of the Website's content and Services other than as expressly authorized in these Terms or your use of any information obtained from the Website (the “Indemnification”). This Indemnification includes claims arising from any preexisting injury or medical condition. You further accept financial responsibility for any injury or damage that you may cause yourself, any other individual, or NTCS’s equipment, studios, or associated facilities. Should NTCS, or anyone acting on our behalf be required to incur attorney fees and costs to enforce these Terms, you agree to reimburse them for such fees and costs.
26. Website Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL
DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER NTCS NOR ANY PERSON ASSOCIATED WITH NTCS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER NTCS NOR ANYONE ASSOCIATED WITH NTCS REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES 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 OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, NTCS 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 DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Any dispute or claim relating in any way to your use of the Website or your use of the Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879. The Federal Arbitration Act (“FAA”) and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under these Terms or the enforcement thereof, then that issue shall be resolved under the laws of the Commonwealth of Virginia.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the provisions of these Terms as a court would. The prevailing party in arbitration will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law.
To begin an arbitration proceeding, you must provide NTCS with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules available at www.adr.org or by calling the AAA at 1-800-778-7879). Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.
If for any reason a claim proceeds in court rather than in arbitration you waive any right to a jury trial.
28. Governing Law and Jurisdiction
By using the Website or our Services, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the Commonwealth of Virginia, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and NTCS.
29. Limitation on Time to Initiate a Dispute
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.
No waiver by NTCS of any term or condition set out 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 NTCS 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 or part thereof is found to be invalid or unenforceable, the invalidity or unenforceability of such provision or part will not affect any other provision or the remainder of the provision in which such invalid or unenforceable part is contained, which will remain in full force and effect.
The Terms, and any rights you may have under them, may not be assigned or transferred by you. NTCS may freely assign the Terms.
All headings used in the Terms are intended for convenience of reference only and shall not affect the construction or interpretation of the Terms. Words of any gender used in the Terms shall be held to include any other gender, and words in the singular shall be held to include the plural when the sense requires.
33. Entire Agreement