Cycle Moles Terms of Participation

Effective 10/13/20

Please READ carefully: The following Terms and Conditions are entered into by you and The Bellingham Tennis Club, LLC, parent of Cycle Moles (“Cycle Moles”, “Company”, “we”, or “us”) and You (“Client” or “you”) and agree to the following terms stated herein. By purchasing and participating, you are agreeing to all of these Terms and Conditions. 

PROGRAM/SERVICE

We are providing “Cycle Moles” 8-Week Season (herein referred to as “Program”) identified in online commerce shopping cart and includes the following: 

CYCLE MOLES 8-WEEK SEASON 
You have access to the single 8-week season you purchased which includes “live” classes offered through the MYZONE app or ZOOM app.  Times and days for each season are announced and will not be held at other times. 

CYCLE MOLES BONUS CONTENT:  CYCLE MOLES PASSWORD PROTECTED PROGRAM AREA

Cycle Moles Program Area (“Mole Hole”) will include video recordings of the live classes and other training and support information. You shall have access to this Program Area for the duration of the Program and until the start date of the next season.  In the event that Company intends to close the Program Area, it shall provide clients with a 30 day notice to your most recently provided email.  Videos are not downloadable and may only be streamed.

DISCLAIMER/INDEMNITY

Not all exercises are suitable for everyone and this or any other exercise program may result in injury.  To reduce risk of injury, consult your physician before beginning this exercise program.  Before beginning or practicing any of the exercises recommended in this video, be sure that your equipment is suitable and well maintained. The creators, producers, participants, and distributors of this program disclaim any liabilities or loss in connection with the exercise, the equipment used, and/or herein.

Client understands Cycle Moles and none of its instructors is/are not approved Health Care Provider (i.e. medical doctor, physical therapist, registered dietician, or psychotherapist).

Client agrees and represents that the participating in the Program is undertaken at Client’s own risk, that he/she is in good physical condition and physically able to undertake any and all physical exercise and activities in the Program. Client also agrees that Cycle Moles, and/or its agents and employees, shall not be liable for any claims, demands, injuries, damages, actions or causes for action, whatsoever, to a Client arising out of, or connected with the purchase and/or participation in the Program.  Client expressly forever release and discharge Cycle Moles, its agents, and employees, and shall indemnify and hold the same harmless from all such claims, demands, injuries, damages, actions or causes of action.   

FEES

In consideration of Your access to the Program, you agree to pay the fees as set forth on the purchase page.  You will also select the payment methods..

If you select the Pay Now (1 payment), the full price of the class is due at the time of purchase.   If you select the payment plan (monthly payments) , you must pay the initial payment on the day of program purchase and then your selected payment method will be automatically charged every 30 days for the term you selected.  If you opt for monthly payments, you will remain responsible for those payments unless you obtain a refund according to the Program’s Refund Policy set forth below. You may not cancel or avoid these payments except through the Refund Policy. In the event that any payment is not made, Cycle Moles shall immediately suspend your access to the Program. Washington State Sales tax is collected on all sales.

 

METHODS OF PAYMENT

If You elect for the payment plan, you hereby authorize Cycle Moles to charge your credit card or debit card automatically according to the terms set forth in the Fees section above.

Regarding recurring payments and outstanding invoices: If all eligible payment methods we have on file for you are declined for payment of your monthly fee, you must provide a new eligible payment method promptly or your program access will be removed.

If you do not request a refund within the terms of the program with the required coursework at the time of your refund request, you are required by law to complete the remaining payments of your payment plan and you understand that your membership will automatically continue and you authorize us (without notice to you, unless required by applicable law) to collect any and all outstanding receivables, using any eligible payment method we have on record for your account.

 

REFUND POLICY 

We want you to be satisfied with your purchase, but we also want you to give your best effort to practice the concepts and do the exercises.  Cycle Moles provides a 7-Day money-back guarantee for the Program.  That money-back guarantee is governed by the following terms.

 

In order to qualify for a refund, you must submit proof that you did the work in the course and it did not work for you.  In the event that you decide your purchase was not the right decision, within 7 days after the 1st class in the Season you purchased, contact our support team at [email protected] and let us know you’d like a refund by 7th day at 11:59 EST.  You must include your coursework journal with your request for a refund.  If you request a refund and do not include your coursework by the 30th day, you will not be granted a refund.

The work that you need to submit with your request for a refund includes ALL of the following items: 

                >> Requirement 1: Completed  Class #1

                >> Requirement 2:  Completed Class #2  

                >> Requirement 3:  Completed the Cycle Moles Survey in the Mole Hole

We will NOT provide refunds for any request that comes more than 7 days following the date of the first class in the season for which you’ve enrolled.  After day 7, all payments are non-refundable and you are responsible for full payment of the fees for the program regardless of whether you complete the program.

Please note: If you opted for a payment plan and you do not request a refund within 7 days, with the required coursework at the time of your refund request, you are required by law to complete the remaining payments of your payment plan.

Upon determining that you are entitled to a refund pursuant to this policy, Cycle Moles will promptly issue an instruction to its payment processor to issue the refund. Cycle Moles does not control its payment processor and will not be able to expedite any refunds.

If you receive a refund of any purchase through this money-back guarantee, that shall immediately terminate any and all licenses granted you to use the material provided to you under this Agreement and Cycle Moles’ Terms of Use. You shall immediately cease using the material and shall destroy all copies of the information provided to you, including without limitation: video recordings, audio recordings, forms, template documents, slide shows, membership areas, social media groups limited to paying members, and other resources.

All refunds are discretionary as determined by Cycle Moles parent company The Bellingham Tennis Club LLC.   To further clarify, we will not provide refunds for requests made after the 7th day following the date of the first class in the season for which you are enrolled and all payments must be made on a timely basis. If payments are not made on time, you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.

If you have any questions or problems, please let us know by contacting our support team directly. The support desk can be reached at: [email protected].

NO WARRANTIES

Cycle Moles makes no warranties regarding the performance or operation of this website or program. Cycle Moles further makes no representations or warranties of any kind, express or implied, as to the information, contents, materials, documents, programs, products, books, or services included on or through this website or program. To the fullest extent permissible under the law, Cycle Moles disclaims all warranties, express or implied, including implied warranties of fitness for a particular purpose. 

CONFIDENTIALITY

Cycle Moles respects the privacy of its clients and will not disclose any information you provide except as set forth in this Agreement. As a condition of participating in the Program, you hereby agree to maintain and respect the privacy of other Program participants and to respect Cycle Moles’ confidential information.

NO TRANSFER OF INTELLECTUAL PROPERTY

All content included as part of the Program, such as all content, logos/names, text, graphics, logos, images, as well as the compilation thereof, and any software used in the Program, is the property of Cycle Moles or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights and that no one shall copy, use, sell or transfer, in whole or in any party, of Cycle Moles and the Program without the prior express written consent from Health Knees.

FORCE MAJEURE

Cycle Moles shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Cycle Moles including, without limitation, acts of God, natural disaster, civil unrest and war.  

MISCELLANEOUS

This agreement is the entire understanding between the parties with respect to the subject matter hereof, supersedes all prior or contemporaneous understandings whether oral or written and except as otherwise set forth herein and it shall not be modified, amended or terminated orally.  This Agreement shall not be assignable by Client.  Cycle Moles shall be entitled to recover all fees, cost of collection and attorney’s fees incurred by Cycle Moles to enforce this Agreement.  Cycle Moles shall also be entitled to recover all cost of defense, including attorney’s fees in connection with a claim by Client against Cycle Moles.  If any provision of this Agreement shall be invalid, unenforceable, or against public policy, the remaining portions hereof shall not be affected thereby and shall be enforceable without regard to such invalid or unenforceable provisions.  No failure on the part of any party to exercise and no delay in exercising any right, power, or remedy shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or remedy preclude any other or further exercise thereof or of any other right, power or remedy.  This Agreement shall be governed by and construed and enforced in accordance with the laws of the state in of Washington and resolved through arbitration in the Whatcom County Superior Court pursuant to the latest MAR.