TERMS AND CONDITIONS

SPOKE CYCLE AND FITNESS TERMS AND CONDITIONS OF SERVICE. EFFECTIVE MAY 1, 2019. PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY CONTAIN IMPORTANT. INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION. CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED. ASSUMPTION OF RISK, 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 Spoke Cycle and Fitness, LLC and its subsidiaries (collectively, “Spoke Cycle and Fitness”), you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in indoor cycling and exercise equipment in association with the Classes and Facilities of Spoke Cycle and Fitness. 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, sprains and others; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, seizures, concussions and others; and (3) catastrophic injuries including but not limited to paralysis and death. You will experience intense audio, lighting, low visibility, flashing lights and a physically and emotionally demanding environment. You acknowledge that if you have any chronic disabilities or conditions, you are at risk of using Spoke Cycle and Fitness Classes and Facilities, and should not be participating in any of Spoke Cycle and Fitness’s Classes. 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 Spoke Cycle and Fitness staff, you would be at physical risk participating in Spoke Cycle and Fitness’s Classes, you understand and agree that you may be denied access to the Classes and Facilities until you furnish Spoke Cycle and Fitness with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing 

Spoke Cycle and Fitness’s concerns and stating that Spoke Cycle and Fitness’s concerns are unfounded. In consideration of being allowed to participate in and access the Classes and Facilities of Spoke Cycle and Fitness, 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 of Spoke Cycle and Fitness; (2) release, indemnify, and hold harmless Spoke Cycle and Fitness, 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 of Spoke Cycle and Fitness; and (3) represent that you (a) have no medical or physical condition that would prevent you from properly using any of Spoke Cycle and Fitness’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.

VALUABLES AND PERSONAL PROPERTY: You acknowledge that you have been urged to avoid bringing valuables into Spoke Cycle and Fitness’s Classes and Facilities and that Spoke Cycle and Fitness shall not be liable for the loss of, theft of, or damage to your personal property, including items left in lockers, bathrooms, studios, or anywhere else inSpoke Cycle and Fitness’s Facilities. You acknowledge that no portion of any fees paid by you is in consideration for the safeguarding of your valuables. The Spoke Cycle and Fitness website allows users to receive information about Spoke Cycle and Fitness to book, cancel and pay for Classes. The Classes and Facilities offered by Spoke Cycle and Fitness include but are not limited to the www.spokecycleandfitness.com website, which is hosted in the United States. These terms and conditions ("Terms of Service") set forth the legally binding terms for your use of the Classes and Facilities. By using the Classes and Facilities, you agree to be bound by these Terms of Service, whether you are a "Visitor" (which means that you simply browse the Spoke Cycle and Fitness website) or you are a "Member" (which means that you have registered with Spoke Cycle and Fitness and/or purchased one or more authorized uses of Classes and Facilities). The term "User" refers to a Visitor or a Member. You are only authorized to use the Classes and Facilities (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to these Terms of Service. Please read these Terms of Service carefully. If you do not agree with it, you should leave the Spoke Cycle and Fitness website and discontinue use of the Classes and Facilities immediately. If you wish to become a Member, you must read these Terms of Service and indicate your acceptance during the registration process.

PRIVACY POLICY

Spoke Cycle and Fitness understands the importance of privacy, and we want you to be as comfortable as possible visiting our website and using our services. This privacy policy outlines the types of personal information we receive and collect when you use any of the features offered from time to time on our website, as well as some of the steps we take to safeguard information. We hope this will help you make an informed decision about sharing personal information with us. Please read this privacy policy before using the site or submitting any personal information. By using the site, you are accepting the practices described in, and the terms of, this privacy policy. These practices may change, but any changes will be posted and changes will only apply to activities and information on a "going forward" basis. The privacy practices set forth in this privacy policy are for this website only. If you link to other websites, please review the privacy policies posted at those sites.

COLLECTION OF INFORMATION: We collect personally identifiable information such as names, postal addresses, email addresses, credit card information etc., when voluntarily submitted by users of (and visitors to) our website. The information you provide is used to fulfill your specific request, to improve the experience on the Spoke Cycle and Fitness site, to ensure a successful experience at a Spoke Cycle and Fitness studio, and to adhere to the Membership Terms and Conditions you agree when you make a purchase on our website. Spoke Cycle and Fitness may also log non-personally-identifiable information including IP address, profile information, aggregate user data, and browser type, from users of the site. This data is used to manage the website, track usage and improve the website’s services. This non-personally-identifiable information may be shared with third parties to provide more relevant services and advertisements to users. User IP addresses are recorded for security and monitoring purposes. We may also record information about your usage, such as the time and frequency of your usage of the Spoke Cycle and Fitness website. If you are logged in, we may associate that information with your account. We may use clear GIFs in HTML-based emails sent to our users to track which emails are opened by recipients. We may also use your email address to send updates, newsletters or other news regarding Spoke Cycle and Fitness.

COOKIE/TRACKING TECHNOLOGY: The Spoke Cycle and Fitness website may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the website, and understanding how visitors use the website. Cookies can also help customize our website for visitors. Personal information cannot be collected via cookies and other tracking technology; however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.

DISTRIBUTION OF INFORMATION: We may share information with governmental agencies or other companies assisting us in fraud prevention or investigation. We may do so when: (i) permitted or required by law; (ii) trying to protect against or prevent actual or potential fraud or unauthorized transactions; or (iii) investigating fraud which has already taken place. The information is not provided to these companies for marketing purposes.

CHILDREN UNDER AGE 14: We do not knowingly collect or solicit personal information from anyone under the age of 14 or knowingly allow such persons to register. If you are under 14, please DO NOT attempt to register on our website or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 14 may provide any personal information to or on our website. In the event that we learn that any personal information has been submitted to the website from a child under age 14, we will delete that information as quickly as reasonably possible. If you believe that we might have any information from or about a child under 14, please contact us at hello@spokecycleandfitness.com

CHILDREN BETWEEN THE AGES OF 14 AND 18: If you are between the ages of 14 and 18, you may register on our website only with the involvement of a parent or guardian.

COMMITMENT TO DATA SECURITY: Your personally identifiable information is kept secure. Only authorized employees, agents and contractors (who have agreed to keep information secure and confidential) have access to this information.

TERMS OF USE

YOUR ACCEPTANCE By using and/or visiting this website, you signify your agreement to these Terms of Service, as well as Spoke Cycle and Fitness’s Privacy Policy. If you do not agree to any of these terms or the Spoke Cycle and Fitness Privacy Policy please do not use the Spoke Cycle and Fitness website. Spoke Cycle and Fitness may, in its sole discretion, modify or revise its Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.

SPOKE CYCLE AND FITNESS WEBSITE These Terms of Service apply to all Users of the Spoke Cycle and Fitness website. The Spoke Cycle and Fitness website may contain links to third party websites that are not owned or controlled by Spoke Cycle and Fitness. Spoke Cycle and Fitness has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites, including privacy and data gathering practices. In addition, Spoke Cycle and Fitness will not and cannot censor or edit the content of any third-party site. By using the website, you expressly relieve and release Spoke Cycle and Fitness from any and all liability arising from your use of any third party website.

SPOKE CYCLE AND FITNESS ACCOUNTS In order to access some features of the website, you will have to create a Spoke Cycle and Fitness account. You may never use another person’s account without permission from Spoke Cycle and Fitness and such person. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Spoke Cycle and Fitness immediately of any breach of security or unauthorized use of your account. Although Spoke Cycle and Fitness will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Spoke Cycle and Fitness or others due to such unauthorized use.

GENERAL TERMS

ELIGIBILITY Membership is void where prohibited. This website is intended solely for Users who are 14 years of age or older. Any registration by, use of or access to the website by anyone under 14 is unauthorized, unlicensed and in violation of these Terms of Use. By using the Classes and Facilities or the website, you represent and warrant that you are 14 or older and that you agree to abide by all of the terms and conditions of these Terms of Service. Minors between the ages of 13 and 18 may register on our website only with the involvement of a parent or guardian.

TERM These Terms of Service shall remain in full force and effect while you use the Classes and Facilities or are a Member. Spoke Cycle and Fitness may terminate your membership at any time, without warning, if you breach these Terms of Service. Even after membership is terminated, these Terms of Service will remainin effect.

FEES You acknowledge that Spoke Cycle and Fitness charges fees for its services, and Spoke Cycle and Fitness reserves the right to change its fees from time to time in its discretion. If Spoke Cycle and Fitness terminates your membership because you have breached these Terms of Service, you may not be entitled to a refund of any unused portion of membership or other fees.

PASSWORD When you sign up to become a member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another member at any time or to disclose your password to any third party. You agree to notify Spoke Cycle and Fitness immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

GENERAL USE OF THE WEBSITE — PERMISSIONS AND RESTRICTIONS Spoke Cycle and Fitness hereby grants you permission to access and use the website as set forth in these Terms of Service, provided that you agree not to distribute in any medium any part of the website, without Spoke Cycle and Fitness prior written authorization and you agree not to alter or modify any part of the website or any of its related technologies. You will otherwise comply with the terms and conditions of these Terms of Service and all applicable local, national, and international laws and regulations. Spoke Cycle and Fitness reserves the right to discontinue any aspect of the Spoke Cycle and Fitness website at any time.

YOUR USE OF CONTENT ON THE SITE In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Spoke Cycle and Fitness website. The content on the Spoke Cycle and Fitness website, including without limitation, text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Spoke Cycle and Fitness, subject to copyright and other intellectual property rights under the law. Content on the website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Spoke Cycle and Fitness reserves all rights not expressly granted in and to the website and the Content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Spoke Cycle and Fitness website or the Classes and Facilities provided by you to Spoke Cycle and Fitness are non-confidential and shall become the sole property of Spoke Cycle and Fitness. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Spoke Cycle and Fitness website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Spoke Cycle and Fitness website or the Content therein.

MOBILE SERVICES The Classes and Facilities may include certain services that may be available via your mobile phone, including but not limited to (i) the ability to book and/or purchase the use of Classes and Facilities via your mobile phone, (ii) the ability to receive and reply to Spoke Cycle and Fitness messages, and (iii) the ability to browse Spoke Cycle and Fitness from your mobile phone collectively the "Mobile Services"). We do not charge for these Mobile Services. However, your carrier's normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Spoke Cycle and Fitness and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.

ACCOUNT TERMINATION POLICY Spoke Cycle and Fitness will terminate a User's access to its website if, under appropriate circumstances, they are determined to be a repeat infringer of this Terms of Service, Privacy Policy or any other policy of Spoke Cycle and Fitness. YOU AGREE THAT YOUR USE OF THE SPOKE CYCLE AND FITNESS WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SPOKE CYCLE AND FITNESS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. SPOKE CYCLE AND FITNESS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR DEATH OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE OR FROM THE CONDUCT OF ANY USERS OF THE CLASSES AND FACILITIES, WHETHER ONLINE OR OFFLINE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SPOKE CYCLE AND FITNESS WEBSITE. SPOKE CYCLE AND FITNESS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SPOKE CYCLE AND FITNESS WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SPOKE CYCLE AND FITNESS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. THE CLASSES AND FACILITIES ARE PROVIDED "AS-IS" AND AS AVAILABLE AND SPOKE CYCLE AND FITNESS EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SPOKE CYCLE AND FITNESS CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE CLASSES AND FACILITIES.

LIMITATION OF LIABILITY IN NO EVENT SHALL SPOKE CYCLE AND FITNESS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SPOKE CYCLE AND FITNESS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT SPOKE CYCLE AND FITNESS SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The website is controlled and offered by Spoke Cycle and Fitness from its facilities in the United States of America. Spoke Cycle and Fitness makes no representations that the Spoke Cycle and Fitness website is appropriate or available for use in other locations. Those who access or use the Spoke Cycle and Fitness website from other jurisdictions do so at their own volition and are responsible for compliance with local law. You agree to defend, indemnify and hold harmless Spoke Cycle and Fitness, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from your use of and access to the Spoke Cycle and Fitness website or your violation of any term of these. Terms of Service. This defense and indemnification obligation will survive these Terms of Service and your use of the Spoke Cycle and Fitness website.

ABILITY TO ACCEPT TERMS OF SERVICE You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 14, as the Spoke Cycle and Fitness website is not intended for children under 14.

ASSIGNMENT These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Spoke Cycle and Fitness without restriction.

GOVERNING LAW; VENUE AND JURISDICTION You agree that: (i) the Spoke Cycle and  Fitness website shall be deemed solely based in Rochester, New York; and (ii) the Spoke Cycle and Fitness website shall be deemed a passive website that does not give rise to personal jurisdiction over Spoke Cycle and Fitness, either specific or general, in jurisdictions other than Rochester, New York. These Terms of Service shall be governed by the internal substantive laws of the State of Delaware, without respect to its conflict of laws principles. Any claim or dispute between you and Spoke Cycle and Fitness that arises in whole or in part from the Spoke Cycle and Fitness website shall be decided exclusively by a court of competent jurisdiction located in New York, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of New York. These Terms of Service, together with the Privacy Policy and any other legal notices published by Spoke Cycle and Fitness on the website, shall constitute the entire agreement between you and Spoke Cycle and Fitness concerning the Spoke Cycle and Fitness website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Spoke Cycle and Fitness failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Spoke Cycle and Fitness reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Spoke Cycle and Fitness website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND SPOKE CYCLE AND FITNESS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SPOKE CYCLE AND FITNESS WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

ARBITRATION YOU AND SPOKE CYCLE AND FITNESS AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the User conduct rules set forth above then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought. Either Spoke Cycle and Fitness or you may demand that any dispute between Spoke Cycle and Fitness and you about or involving the Classes and Facilities must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Rochester, New York, USA, provided that the foregoing shall not prevent Spoke Cycle and Fitness from seeking injunctive relief in a court of competent jurisdiction. To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED.

SUBMISSIONS You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Spoke Cycle and Fitness website or the Classes and Facilities, provided by you to Spoke Cycle and Fitness are non-confidential and shall become the sole property of Spoke Cycle and Fitness. Spoke Cycle and Fitness shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of such information for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

QUESTIONS Please contact us at hello@spokecycleandfitness.com with any questions regarding these Terms of Service.