Terms of service.

Terms of Use. Welcome to the website for SOCiETY located at www.societychs.com (the “Site”). While you use the Site, there are certain Terms of Use that our legal department requires us to post. We want you to know that this is a legally binding Agreement between you and SOCiETY, so please read it carefully before continuing to use the Site. If you ever have any questions about the Site please email us at hello@societychs.com and we will reply as soon as possible.

 1. Your Access to www.societychs.com; Acceptance of Terms & Conditions:

By accessing and using the Site, you acknowledge that you have read, understand, and agree to be bound by and comply with the Terms & Conditions of Service. You also agree that you are 18 years of age or older. If you do not agree with the Terms of this Agreement, please do not access and use the site. The Terms may be modified without prior notice at any time. Your continued use of the Site confirms that you agree with the modified terms.

 2. Sign Up for Classes and Registration:

In order to sign up for classes, you will first need to create an account and have a credit card on file. You may create an account online or in person at the studio. Once you have created an account, you will be able to purchase classes. Upon your first visit to the studio, you will sign a waiver form at the front desk. When you purchase classes, you provide certain information such as your name, email address, postal address, birthday, phone number and signature. We use a secure system for all of your financial information used to purchase classes using 128-bit Secure Socket Layer (SSL) encryption. SOCiETY reserves the right to deny Service to any user at our sole discretion. Policy of cancellation is 12 hours before your class and that class will go back into your account. You can do this online under "‘my classes’. If you do not cancel at least 12 hours before, then the class credit will be lost; anyone who no shows or late cancels will be charged a $15 no show fee with no exceptions.

 3. Class Pricing:

To reserve a class you will first need to purchase a class credit or a class package. Please be aware that certain class packages expire and pricing is subject to change. Your credit/debit card will be charged when you purchase classes. It is your responsibility to ensure your credit card is not expired, or over limit, and that your billing information is correct. No refunds will be given. 

EXPIRATIONS:

All expiration dates are final. All recurring memberships renew automatically until you cancel by emailing the studio at hello@societychs.com at least 30 days prior to your renewal date. All recurring memberships purchased at promotional prices revert to normal pricing after 12 months. Pricing subject to change.

Class Cancellation Policy:

You must cancel your reserved class at least 8 hours prior to the scheduled class time in order to retain the class credit (for single credits or class packs). Cancellation less than 8 hours prior to class time will result in loss of a class credit and will not be refunded; all clients will be charged a $15 no-show fee. No exceptions. You may cancel the class by logging into your account or contacting the studio. Booked/reserved bikes are released 5 minutes prior to the class start time. There is no entry into the studio once class starts. All late arrivals are subject to no show fee.

 Account Cancellation:

You may cancel your account at any time, however you will not receive a refund for any unused classes. There is a 30-day notice required to cancel for month-to-month contracts. Contracts with terms longer than one month will specify terms for cancellation. Please email hello@societychs.com to request the cancellation form. Thirty days starts from the date the form is submitted. Once cancellation is requested, any scheduled renewal payments will occur until the notice period runs. An account needs to be in active status to start the cancellation process. If you cancel your account you will still have access to your account until the end of the final billed month, at which time you will not be billed again. You will not receive credit for any unused periods of time. We will not be liable for any disruption or suspension of service to your account due to an expired credit card, unavailable funds, fraudulent use, or inaccurate information.

Membership Freezes:

Memberships can be frozen for up to one month. You must email the studio at hello@societychs.com to request a freeze and specify the start date and end date. If you wish to extend the freeze beyond one month, the membership will be unfrozen at the end of the first month and frozen again one day following the next billing date. Medical exception: Members may freeze their account for up to three months with a documented medical excuse. Please provide this documentation when requesting the freeze.

 4. Intellectual Property

The Site is protected by US copyright, trademark, and other intellectual property laws and international treaties. All of the content contained within and on the Site is the sole property of SOCiETY and its third-party suppliers, if applicable. Except as permitted by law or by obtaining SOCiETY’s prior written permission, you may not copy, redistribute, publish, retransmit, transfer, modify or create derivative works, or in any way commercially exploit, any content on the Site, including but not limited to video, still images from video, text, graphics, logos, designs, photographs, images, data compilations, or software, in whole or in part.

Furthermore, you may not change or delete trademark legends or copyright notices.

 5. Testimonials and IP - You hereby grant SOCiETY the right to use your image (still or video), voice recordings, statements and comments, in part or in whole, in any media, including on its social media accounts and on the website, to promote the studio, products or services. SOCiETY retains all intellectual property rights and ownership of such testimonials and material generated for marketing purposes. If wish to withdraw this consent, you must inform SOCiETY via email at hello@societychs.com.

 6. Copyrights and Trademarks

If you believe that SOCiETY or any user of our site has infringed your copyright in any material way, pursuant to the Digital Millennium Copyright Act (17 U.S.C. d512(c)), please notify SOCiETY’s Copyright Agent and provide the following information: i) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest, ii) an identification of the copyrighted work claimed to have been infringed, iii) an identification of the material that you claim is infringing so that we may locate it on the site, iv) your address, telephone number and email address, v) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law, and vi) a statement by you that the above information in your notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved. You may forward your notice to: DB Eh, LLC, Copyright Agent, by mail to DB Eh, LLC, c/o Northwest Registered Agent, 6650 Rivers Avenue STE 100, North Charleston, SC 29406.

 7. Privacy Policy

You may access the Privacy Policy at societychs.com/privacy.

 8. Prohibited Conduct

Your use of the Site, including without limitation any comments, messages, or any posted content, may only be for lawful purposes and in full compliance with all applicable local, state, national and international laws. Unacceptable conduct includes, without limitation, using the Site to:

· Data mine, harvest or otherwise collect information about third parties, including email addresses, without the express consent of such third parties,

· Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity,

· Gain unauthorized access to the Site, or any account, computer system or network connected to this Site, by means such as hacking, password mining or other illicit means,

· Interfere with or disrupt the operation of this Site or any servers or networks, or, 

· Violate any applicable laws or regulations.

 9. Class Conduct

We would like all of our clients to enjoy participating in class and to ensure everyone has a positive experience we have a few requests. Please note the following are not allowed during class : phones, tablets, or other mobile devices, loud or distracting chatting, photos or video without consent of SOCiETY, rude behavior, bad hygiene, inappropriate behavior or dress. If you damage any portion of the studio or equipment you agree to be responsible to repair and/or replace the damaged item(s) at your own expense.

 10. Third Party Content

The Site may contain content provided by third parties not associated with SOCiETY. You understand and expressly agree that SOCiETY assumes no responsibility or liability for any third party content. Because SOCiETY has no control over third party content, we cannot be responsible for the accuracy, integrity or quality of such content.

 11. Release of Liability

Prior to your first class you will sign a waiver at the Studio. In addition to the signed waiver, please note:

You are voluntarily participating in strenuous activity and are aware you may risk injury, property loss or death as a result. In order to have a safe environment for all clients, please note and follow all safety measures provided in posted content, verbal communication, signs and rules. You agree you are responsible for any injury you experience as a result of taking a class or classes at SOCiETY. If you are a minor or under 18, you may participate with the consent of your parent or guardian. If you are under 16, you must be accompanied by a parent at the Studio and in classes at all times. Certain safety restrictions such as height limitations may apply. SOCiETY is not responsible for your personal belongings while you are in the studio.

 12. Miscellaneous

If any provision of this Terms & Conditions of Service Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, such provision shall be deemed stricken, and the remainder of the Agreement shall continue in full force and effect. Any waiver by SOCiETY of the performance or satisfaction of any provision hereof will not be considered to be a waiver of any other similar or dissimilar covenant or condition hereunder, nor will it be considered a continuing waiver of the same provision in the future. SOCiETY may amend, alter or modify these Terms at any time with or without notice. The laws of the State of South Carolina, exclusive of the choice of law provisions, shall govern any claim relating to this Site or your use of this Site or the Services provided.

 13.  Legal

The Terms & Conditions of Service shall be governed by and construed in accordance with the laws of the State of South Carolina, without giving effect to any principles of conflicts of law. All claims, disputes and controversies arising out of or in relation to these Terms, the SOCiETY website, or the studio, including but not limited to a breach of these Terms, shall be referred to mediation in Charleston County, South Carolina, before, and as a condition precedent to, the initiation of any adjudicative action or proceeding, including arbitration. After the parties have attempted to reach a resolution through mediation, any action at law or in equity arising out of or relating to these terms or the website shall be filed only in the state or federal courts in and for Charleston County, South Carolina, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

Designated Agent for all Legal Notices

All legal notices should be sent to the following agent:

DB Eh, LLC

C/O Northwest Registered Agent

6650 Rivers Avenue STE 100

North Charleston, SC 29406