TERMS AND CONDITIONS OF USE OF INDURO WEB SERVICES PAID FOR BY ONLINE PAYMENT PROCESSING
Please read these Terms and Conditions of Use (the “Terms”) carefully before continuing on with your use of this Web Site for online payment processing. These Terms shall govern your use of the Web Site and apply to all Internet traffic visiting the Web Site. By accessing or using this Web Site, you agree to abide by these Terms. The Terms are meant to protect our Web Site visitors and the integrity of our systems. Your use of this Web Site signifies you agree to abide by these Terms. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT CONTINUE TO USE THIS WEB SITE.
Induro Cycling Studios, Inc., on behalf of itself and its affiliates and/or subsidiaries (hereinafter collectively “ICS”) reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms at any time. Such modifications shall be effective immediately upon posting. By continuing to use this Web Site after we have posted notice of such modifications, alterations or updates, you agree to be bound by the Terms as revised.
The online payment services (hereafter collectively “ePay” and “AutoPay”) are provided as a convenient method to make subscription payments but do not alter or modify the terms of your agreement. ICS assumes no responsibility for providing access to, or maintaining the Web Site. If the Web Site is unavailable for any reason, the customer remains responsible for making timely renewal payments on or before the scheduled due date. Renewal Payments received after the due date may be assessed a late fee in the amount specified in the license agreement to the extent permitted by applicable state laws. Customers using online payment processing to make their payments are required to pay each agreement on which a payment is made, in full. You may not use online payment processing to make a payment for less than the total amount owed for the next renewal period for each agreement selected for ePay/AutoPay. In the event your agreement(s) expire(s) for failure to make a timely renewal payment, you will be required to pay any outstanding reinstatement/late fees plus an amount sufficient to renew the lease on the previously established schedule prior re-enrolling in AutoPay. If the applicable reinstatement period provided by your state law has expired, online payment processing may not be available to you and you may be required to contact ICS directly to process a payment.
Under the terms of your agreement, you are required to renew your agreement when due if you elect to retain the services. In using online payment processing, it is your responsibility to ensure that sufficient funds are available to complete any payments directed through ePay and/or AutoPay. You agree that you may be charged a returned item fee if sufficient funds are not available at the time of the scheduled payment. Check with your financial institution and/or card issuer to determine if any additional charges for such a debit will apply to your account and ask how ePay transactions may be described on your statement. If a transaction is refused by your financial institution for any reason, including insufficient funds, closed account, unauthorized account, or exceeding account limits, ePay and/or AutoPay will not be able to process your payment and your Agreement may not renew. Under the terms of your Agreement, you may be subject to additional charges if your payment is rejected, reversed or refused by your financial institution.
Unauthorized Use of Online Payment Accounts – If you think your account has been accessed without your permission, contact us immediately by calling contact our Online Payment Support Desk at 1-855-INDURO1 [1-855-463-8761]. You should also contact your financial institution and/or card issuer.
Termination of ePay or AutoPay –Participation in ePay and/or AutoPay and the ICS services is optional. You may terminate your enrollment elections at any time by emailing ICS firstname.lastname@example.org and use “Cancel” in the subject line and body of email. Likewise, we reserve the right to discontinue accepting ePay or AutoPay payments at any time, for any reason, without prior written notice. We may send notification of termination of these services at any time after the termination is effective. ePay and AutoPay are the only options of payment for continued licensing of ICS services.
Authorization to Debit Your Account: By authorizing a payment in ePay, you are authorizing ICS to make a one-time debit to the bank or card account you designate in the amount due for your selected agreements. Upon completion of a payment, ICS will provide a receipt indicating the amount debited at your direction by means of an email message, only upon request, to the address you have provided. Payment Processing: Payments will be debited from your designated bank or card account on or after the date you elect to make the ePay payment. In the event that the online payment process requires a billing adjustment to the account, it will cancel the original withdrawal and establish a new withdrawal for the updated amount and/or payment date. If you need to update your card or bank account information at any time, you may update your banking information online by logging on to “My Account” on www.indurocycling.com.
Authorization to Make Automatically Recurring Debits from Your Account: By enrolling in AutoPay, you are authorizing ICS to debit the bank or card account you designate each renewal period to pay automatically the amount due for each agreement you have enrolled. Upon completion of each scheduled payment, ICS will provide a receipt indicating the amount and date of the payment that was automatically debited upon request by means of an email message to the address you have provided to ICS by emailing email@example.com.
Payment Processing – Automatic payments in the amount owed for each agreement enrolled in AutoPay will be debited from your designated bank or card account on the date each renewal payment is due. In the event that the online payment process requires a billing adjustment to the account, it will cancel the withdrawal and establish a new withdrawal for the amount and/or payment date. If you need to update your checking or savings account information at any time, you may update your banking information online by logging on to “My Account” on www.indurocycling.com.
Cancellation – To cancel an AutoPay payment, you will need to login to “My Account” on www.indurocycling.com and deselect the agreement at least three (3) business days before the transaction is scheduled to occur. You may change or cancel scheduled payments up to one day before the scheduled payment date. Same day payments cannot be cancelled. You may opt out of AutoPay at any time; however, changes may take up to one (1) day to take effect. Your AutoPay program enrollment will remain active and in effect until you cancel or until an AutoPay scheduled payment is unsuccessful due to unavailability of funds for any reason. To cancel any AutoPay election or to update any account information, email ICS at firstname.lastname@example.org. If an AutoPay scheduled payment is cancelled due to unavailability of funds, or at your election, the affected agreement(s) will no longer be enrolled in AutoPay and you will be required to contact ICS at email@example.com to make payment or to provide another method of payment on or before the scheduled renewal date to avoid expiration of our agreement(s). In the event your agreement expires for failure to make a timely renewal payment, you will be required to pay any outstanding reinstatement/late fees plus an amount sufficient to renew the lease on the previously established schedule prior re-enrolling in AutoPay.
TRADEMARKS, COPYRIGHTS AND RESTRICTIONS
This Web Site is controlled and operated by ICS. All content on this Web Site, including, but not limited to text, images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by U.S. and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes), and are owned and controlled by ICS and its affiliates, or by third party content providers, merchants, sponsors and licensors (collectively “Providers”) that have licensed their content or the right to market their products and/or services to ICS. Content on this Web Site or any web site owned, operated, licensed or controlled by the Providers is solely for your personal, non-commercial use. You may print a copy of the content and/or information contained herein for your personal, non-commercial use only. You may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit the content or information in any way (including by e-mail or any other means) for commercial use without Induro Cycling Studios, Inc’s prior written consent. Your modification of the content, use of the content on any other web site or networked computer environment, or use of the content for any purpose other than for personal, noncommercial use, violates the rights of the owners of the Induro Cycling Studios, Inc and/or the Provider copyrights, trademarks or service marks and other proprietary rights, and is expressly prohibited. As a condition to your use of this Web Site, you warrant to ICS that you will not use our Web Site for any purpose that is unlawful or prohibited by these Terms, including without limitation the posting or transmitting any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material. If you violate any of these Terms, your permission to use our Web Site immediately terminates without the necessity of any notice. ICS retains the right to deny access to anyone at its discretion for any reason, including for violation of these Terms. You may not use any trademarks, service marks or copyrighted materials appearing on this Web Site, including but not limited to any logos or characters, without the express written consent of the owner of the mark or copyright. You may not frame or otherwise incorporate into another web site any of the content or other materials on this Web Site without prior written consent of Induro Cycling Studios, Inc.
LIMITATION OF LIABILITY:
Except as provided elsewhere in these Terms, if we fail to complete a withdrawal on time or in the correct amount, we will pay for any fees or charges imposed by your financial institution that result from our error. Exceptions: (1) if through no fault of ours, you do not have enough money or sufficient credit available in or on your account to make your payment; (2) transfer of money from your bank/card account is restricted; (3) the AutoPay system was not functioning at the time of the intended transaction; (4) circumstances beyond our control prevent payment despite reasonable precautions. Our liability is limited by law and limited to those damages actually caused. We are not liable if (1) you fail to use the AutoPay program properly; or (2) you do not request or otherwise initiate or cancel a recurring or one-time payment sufficiently in advance of your payment due date; or (3) your financial institution refuses to honor the debt; or (4) your instructions are lost or delayed in transmission to us; or (5) a reasonable security concern, such as an unauthorized use, causes us not to process the payment; or (6) your account is closed; or (7) the AutoPay program has been terminated or suspended.
These terms and conditions do not supersede, modify or in any way mitigate your obligation to be bound by and comply with all applicable tariffs, rules or regulations related to your agreement.
UNDER NO CIRCUMSTANCES SHALL ICS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR FOR THE LOSS OF PROFIT, REVENUE OR DATA, WHICH ARISE FROM, OR IS RELATED TO EPAY or AUTOPAY.
DISCLAIMER OF WARRANTIES:
ALL CONTENT ON THIS WEB SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. OTHER THAN THOSE WARRANTIES WHICH, UNDER THE U.S. LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION, ICS DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER ICS, ITS AFFILIATED OR RELATED ENTITIES, NOR THE PROVIDERS, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS WEB SITE WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS ON THIS WEB SITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY. ICS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEB SITE, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY INFORMATION CONTENT, SERVICE AND/OR MERCHANDISE ACQUIRED PURSUANT TO YOUR USE OF THIS WEB SITE.
YOU EXPRESSLY AGREE THAT USE OF THIS WEB SITE IS AT YOUR SOLE RISK. YOU (AND NOT ICS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF YOUR SYSTEM. YOU EXPRESSLY AGREE THAT NEITHER ICS, NOR ITS AFFILIATED OR RELATED ENTITIES (INCLUDING ITS PROVIDERS), NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THIS WEB SITE, IS RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE USE OR ATTEMPTED USE OF THIS WEB SITE OR ANY OTHER LINKED SITE. BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ICS AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF DATA, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEB SITE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ICS IS NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, ICS’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You agree to indemnify, defend, and hold harmless ICS and the Providers, together with their respective officers, directors, employees, affiliates, parent company, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from your violation of these Terms.
THIRD PARTY RIGHTS
These Terms are for the benefit of ICS and its Providers, together with their respective officers, directors, employees, affiliates, parent company, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against you on its or their own behalf.
ALTERNATIVE DISPUTE RESOLUTION:
Any dispute arising from these Terms and any agreement enrolled in any of the services discussed herein is directly related to the subscription/license agreement with the customer and shall be subject to the arbitration agreement between the customer and ICS unless such agreement was timely rejected according to its terms.
These Terms shall be governed by, construed and enforced in accordance with the laws of the State of Missouri, as they are applied to agreements entered into and to be performed entirely within such State. For those customers who have timely rejected the consumer arbitration agreement, any action you, any third party or ICS, brings to enforce these Terms, or in connection with any matters related to this Web Site, shall be brought only in either the state or Federal courts located in Missouri and you expressly consent to the jurisdiction of said courts. If any provision of these Terms shall be held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
CHANGES TO THESE TERMS
We reserve the right to change any of these Terms at any time. You can review the most current version of the Terms and Conditions at any time at this link. If we make a material change to these Terms, you will be provided notice of that change and the opportunity to change your online payment processing elections prior to the effective date of the change. Updates or changes to the Terms will automatically be effective when posted on this site. Your continued use of this site after any changes in these Terms and Conditions shall constitute your consent to these changes. ICS reserves the right to change, modify or discontinue, temporarily or permanently, the site or any portion thereof, including any and all content contained in the online payment processing elections at any time without notice. You agree that ICS shall not be liable to you or to any third party for any modification, suspension or discontinuance of all or part of its online payment processing.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY ICS