All members are required to pre-enroll in classes to secure a spot in their desired class time by using MINDBODY app. Majority of Benswic classes are capped at 8 members, with the exception of our Outdoor Saturday morning classes (no outdoor classes during the winter months) which are capped at 30+ members.  Our Advance classes are capped at 6 members. If you are unable to enroll prior to the cap then your name will be added to a waitlist.  If you have pre-enrolled in a class and can no longer attend, you will be required to cancel your enrollment 12hrs prior to the class start time to allow for another member on the waitlist to attend the class.  If you are on the waitlist you will need to wait until a spot opens to attend the class. The system will notify you directly if space becomes available. Please Note:  Once you arrive to class you will still need to check in with the trainer to change your status from enrolled to checked in for that specific class. Enrolling in the class is not the same as checking in to class.

Enrollment Cancellation & No Show:  

All members can cancel their enrollment free of charge no later than 12hr prior to class start. After that time, a fee of $15 will be charged if you are on a recurring monthly plan or package option. Please be sure to cancel in a timely manner to allow members on the waitlist to attend and to avoid any cancellation fees. If you do not cancel and don’t show up to class, a fee of $20 will be charged. This is particularly important for our advanced classes that are limited in class size and often have a waitlist.

Minimum Attendance:  

We do require a minimum attendance policy of at least 2 members for each of our classes.  If less than 2 members are enrolled in the class 2 hours prior to the start of the class, then the class will be cancelled. If class is cancelled, a cancellation email will be sent out to all enrolled members. For early morning classes prior to 7am, 8am or 9am, pre-enrollment must be completed by 10 p.m. the night before. If enrollment is under two members by 10 p.m. the following morning class will be cancelled and a cancellation notice will be sent out via email.

This policy is intended to ensure we have the resources necessary to run each class safely and effectively.

To enroll in classes you can go to our schedule page via the website or log in to your MINDBODY app account directly.  It is recommended that you save your MINDBODY app dashboard to your home screen on your phone for easier access.  If you are unsure how to enroll in classes, please ask.

All members must sign in at the MINDBODY app prior to your scheduled class to change your status from enrolled to checked in. This includes Classes, Personal Training, and any Specialty classes/events Open Gym. If there are multiple classes going on (Ex: Group class and One-Rep MAX), please be sure to sign in to the correct class type and time.

If a member is late to class, they will need to check in with the coach on duty to determine if they will be able to attend class. We typically will extend a 5-10 minute grace period as long as the class is still in the middle of the group warm up, but ultimately it is at the Coaches discretion and safety assessment. If the class has commenced the skill or strength portion of the class then the member will be asked to reschedule for another class. Members who are allowed to join the class late, will be given an alternate warm-up to be completed immediately so as not to further delay the class. The individual may also be asked to sit out of the skill or strength portion if they are late and prepare for the Workout. This policy is meant to ensure that classes run on schedule and in a safe manner. We value your safety as well as our members and coaches time, and we ask that all of our members respect this policy and make every effort to arrive on time, if not early for class. Additionally, if a member is consistently late to class and it appears they are abusing the late policy, the member will be asked to no longer comeback.

Automatic Renewal

All Monthly Membership plans are paid by monthly automatic electronic payment (credit card, or debit card). Monthly memberships will automatically renew each month at the same payment terms and billing date established at time of enrollment. Any changes to plan, or cancellation must be received 30 days in advance of next billing cycle or plan expiration date. It is the members responsibility to monitor membership expiration and renewal dates.

Membership Cancellation

Month-to-Month plans and memberships can be canceled at any time, however all cancellation requests must be submitted via our Cancellation Request and received thirty (30) days prior to your credit/debit card processing date. All plans and monthly memberships require a minimum of 30 days written notice prior to next billing date to assure cancellation of automatic payments. Cancellation requests submitted within the 30 day billing cycle will result in a final payment drawn from your account on your established auto draft date. Once final payment has been drawn from your account, clients will have 30 days from the last bill date to use the facilities. It is your responsibility to provide written notice 30 days in advance of your next billing date. There will be no refund issued once a payment has been charged to your credit card. 

Membership Holds & Account Freezes

Clients may put their membership on freeze or hold, for a period no less than thirty (30) days (or one calendar month), and for up to ninety (90) days (three calendar months) per calendar year. Notice of freeze must be given to Benswic via our Membership Hold Request  prior to the first day of the requested hold and will not be issued retroactively. Holds cannot be issued for personal travel under 3 weeks. All payments drawn prior to the requested hold will not be refunded. Clients will not be billed for frozen months, and billing will resume automatically upon end of the freeze period. All prepaid clients will have memberships extended by the number of frozen months. Holds longer than ninety (90) days may be issued for members of the military on temporary duty assignment with advanced notification. If client chooses to cancel membership during the hold or freeze period, written notification must be issued within 30 days prior to the end of the hold period, otherwise clients will be charged a final month of membership upon hold release.

Refunds

Benswic will not provide refunds retroactively for any cancellation requests. Membership cancellations are only processed by sending written notification via our Refund Request to bmarshall@benswic.com. Please do not send cancellation messages to our Facebook page or other social media sites.

Benswic does not issue refunds if you do not use your membership, nor can you carry over sessions to the next month if you missed a class. No exceptions.

Membership Packages

Membership packages are non-refundable. We do not offer refunds on purchases for our classes and membership packages, beyond your statutory rights. We strongly urge you to be modest in your membership purchases, and to make sure you like us, can reach the venue, and like what we do before making any purchases. Benswic will not provide refunds retroactively for any cancellation requests. Membership cancellations are only processed by sending written notification via our Refund Request to bmarshall@benswic.com. Please do not send cancellation messages to our Facebook page or other social media sites. Benswic does not issue refunds if you do not use your membership, nor can you carry over sessions to the next month if you missed a class. No exceptions.

Class Packages

Class packages are eligible for a refund up to seven (7) days after the purchase date. After 7 days, the purchase is non-refundable. There are no refunds after start of use. 

Drop-In Purchases

Drop-in purchases are refundable up to 48 hours after the purchase date. After 48 hours, the purchase is non-refundable. 

Studio Refund Policy

Unused merchandise (Fully tagged with no stains) purchased at Benswic studio will be accepted for a full refund within 14 days of purchase. No returns will be provided without a receipt.

Online Product Purchases

Unused Product(s) purchased on our Sites or Apps, with the exception of classes and membership packages, may be returned or exchanged within 30 days of purchase. In order for a Product to be eligible for return or exchange (an “Eligible Product“), Products must be unworn, unwashed and/or unused, as applicable, and must be returned in new condition. Eligible Product returned within fourteen (14) days of purchase will be eligible for a full refund, and you will receive credit to your original form of payment. If we are unable to credit that form of payment, your refund may not be completed and may contact you for new payment information or provide your refund in another way, such as store credit.  Any Eligible Product returned within thirty (30) days of purchase may be exchanged for another item of equal or lesser value. If you are making an exchange, your desired item may not be in stock. New products that are in stock may not equate to an even exchange and there may be a price difference between the new product and the returned product. Any difference in pricing for an exchange will be placed back on the original method of payment if the exchange is made within seven (7) days of purchase. If we are unable to do so, your exchange may not be completed. We may contact you for new payment information or elect to issue store credit instead. If the exchange is made after seven (7) days of purchase, the difference will be issued as store credit, which shall be usable for 30 days.

No returns or exchanges will be provided without a receipt. Products are only eligible for a return or an exchange, not both. We reserve the right to only issue a refund, or require an exchange, in our sole discretion regardless of what the Sites may indicate. Refunds will not be issued for products that have not been purchased directly through the Sites.

Not all Products are available for return. Sales of the following items are final and not eligible for a return or exchange:

• Sale merchandise (items that have been marked down and are included in the ” final few” section or included in any FLASH SALE.)
• Equipment (ie: dumbbells, bands, foam rollers, etc.)
• PPE items (ie: masks, gloves, wipes, etc.)
• Any other item that we mark as not eligible for return, such as exclusive items that have limited quantities.

To initiate a return or exchange of a product purchased online please contact bmarshall@benswic.com.

Access:

Open gym access is available to all active members that have purchased an Open Gym Membership.

Members must present their valid membership card or key fob to gain access to the open gym area.

Hours of Operation:

Open gym hours are listed on MindBody and available to be reserved for a two hour time slot.

These hours are subject to change and may vary during holidays or special events. Any changes will be communicated in advance to our members.

Rules and Regulations:

Members utilizing the open gym facilities are expected to adhere to all gym rules and regulations as outlined in our membership agreement.

Proper gym attire, including athletic shoes and suitable workout attire, must be worn at all times.

Respectful behavior towards fellow members and staff is mandatory. Any form of harassment, discrimination, or inappropriate conduct will not be tolerated.

Members are responsible for cleaning equipment after use, including wiping down machines and returning weights to their designated areas.

Food consumption is not allowed in the open gym area; only water in sealed containers is permitted.

Members must refrain from dropping weights or engaging in excessively loud activities that may disturb other gym users.

Personal belongings should be stored in designated areas. Benswic is not responsible for lost or stolen items.

Safety and Hygiene:

Members are encouraged to practice proper hygiene, including wiping down equipment before and after use, and using hand sanitizer stations located throughout the gym.

Members must follow all posted safety guidelines and instructions provided by staff.

Guest Policy:

Guests are not permitted during open gym hours unless accompanied by a member and have purchased a guest pass.

Members are responsible for the conduct and adherence to gym policies of their guests.

Enforcement:

Failure to comply with the Open Gym Policy may result in temporary or permanent suspension of open gym privileges, as determined by Benswic management.

Management reserves the right to modify or amend the Open Gym Policy at any time without prior notice.

Feedback and Suggestions:

We value feedback from our members. If you have any suggestions or concerns regarding the open gym facilities or policy, please feel free to share them with our staff.

If you have any questions or require further assistance, please don’t hesitate to contact us.

In order to provide all of our athletes with the best possible experience, we ask that members of our team please observe the following studio etiquette policies before and during every session:

BOOK YOUR SPOT IN ADVANCE
Both our website and app are designed to help you find all of our studio session times and locations to fit your training needs.

KNOW WHERE YOU’RE HEADING
Our studio locations are all listed on our website and your spot confirmation email has our address there for you to reference. If you are unsure of where the studio doors are, give us a call at least a few hours before your session so we can help you find the way.

SHOW UP ON TIME
Plan to arrive at the studio 5-15 minutes before the session starts to ensure you are checked in and ready to put in the work. 

WE ARE A TEAM
We’re in the pursuit of greatness together. If you have a question about the session or anything at all, ask a teammate! Please clean your equipment after usage and put it away to ensure that the next person is using clean equipment.

COMMIT
Any change to any reservation must be made 12 hours prior to the start of the session. Any late cancellations will result in a forfeit of the credit used to reserve or a late cancellation fee. If you do not cancel prior to the session start and do not show up, you will be charged a no-show fee.

We reserve the right to scale or stop your training session if it is deemed unsafe. This particularly applies to Open Gym.

Benswic reserves the right to refuse service to anyone for any reason. We reserve the right to cancel a client’s membership at any time for any reason. If your membership is terminated by Benswic for any reason; we will refund the balance or remainder of any prepaid, unused membership.

For all baby friendly classes, babies must be secured for their safety (preferably in a stroller).

Rental Availability:

Gym rental is available to certified personal trainers and their clients during designated hours.

Rental times must be scheduled in advance and are subject to availability.

Trainer Qualifications:

Personal trainers utilizing our facilities must provide proof of valid certification and liability insurance.

Trainers are responsible for ensuring that their training methods comply with industry standards and safety guidelines.

Client Registration:

All clients participating in training sessions must complete a liability waiver and registration form prior to their first session.

Trainers are responsible for submitting client registration forms to Benswic management.

Rental Fees:

Rental fees are determined based on the duration and frequency of sessions. Trainers will be provided with our current rental rates upon inquiry.

Payment for gym rental must be made in advance or at the beginning of each session.

Rules and Regulations:

Trainers and clients must adhere to all gym rules and regulations as outlined in our membership agreement and facility policies.

Proper gym attire, including athletic shoes and suitable workout attire, must be worn at all times.

Trainers are responsible for ensuring that their clients follow proper etiquette, including cleaning equipment after use and respecting other gym users.

Trainers and clients must refrain from dropping weights or engaging in excessively loud activities that may disturb other gym users.

Safety and Hygiene:

Trainers are responsible for conducting training sessions in a safe and responsible manner, ensuring the well-being of their clients.

Trainers and clients are encouraged to practice proper hygiene, including wiping down equipment before and after use, and using hand sanitizer stations located throughout the gym.

Equipment Usage:

Trainers and clients are permitted to use all available gym equipment during their rental period.

Any damage to equipment must be reported immediately to Benswic staff.

Guest Policy:

Only registered clients and approved trainers are permitted in the gym during training sessions. Additional guests are not allowed without prior approval from Benswic management.

Liability:

Benswic is not liable for any injuries or accidents that occur during training sessions. Trainers and clients participate at their own risk.

Enforcement:

Failure to comply with the Gym Rental Policy may result in the termination of rental privileges, as determined by Benswic management.

Management reserves the right to modify or amend the Gym Rental Policy at any time without prior notice.

TERMS OF SERVICE AGREEMENT

PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 02/04/2024.

ACCEPTANCE OF TERMS

The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Benswic Inc, also known as Benswic, located at 2473 Frederick Douglass Blvd NY, NY 10027 and our subsidiaries and affiliates, in association with the use of the Benswic website, which includes www.benswic.com, (the “Site”) and its Services, which shall be defined below.

DESCRIPTION OF WEBSITE SERVICES OFFERED

The Site is a business site which is intended to inform the user of services offered, including training sessions, team members, locations, contacts, etc.

Any and all visitors to our site, despite whether they are registered or not, shall be deemed as “users” of the herein contained Services provided for the purpose of this TOS. Once an individual register’s for our Services, through the process of creating an account, the user shall then be considered a “member.”

The user and/or member acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of Benswic Inc. At its discretion, Benswic Inc may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. Benswic Inc does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user and/or member, acknowledge, accept and agree that Benswic Inc shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith.

Furthermore, the user and/or member understands, acknowledges and agrees that the Services offered shall be provided “AS IS” and as such Benswic Inc shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.

PHYSICAL ACTIVITY RELEASE

I, the user, hereby fully waive and release Benswic Inc LLC and its employees, officers, directors, shareholders, affiliates, agents, representatives, successors and assigns (collectively “Releases”€), from any and all claims, demands, damages, costs, expenses, causes of action (“Claim”) in respect of death, personal injury, property damage, or death arising from my participation in the following physical activities: indoor cycling (activities) notwithstanding any Claim may have been contributed to or occasioned by the negligence of any of the Releases.

I hereby indemnify and save harmless the Releases from and against any and all liability incurred by any or all of them arising as a result of or in any way connected to my participation in the Activity. I hereby voluntarily, at my own risk, sign this Release in sole consideration of being permitted to use the Company’s facilities or property. I have read and understood the foregoing, and acknowledge my consent to the terms of this Release by using this site.

PHOTO/VIDEO LICENSE AND RELEASE

I hereby grant Benswic Inc LLC (Benswic) and the Benswic Inc successors, licensees, and assigns, the non-exclusive right and license to use, re-use, publish, and republish my physical likeness in all photographs and videos described below that were taken of me by Benswic Inc, in whole or in part, severally or in conjunction with other photographs and videos, in any medium or form, now known or that may be hereafter known or devised, for any purpose and in connection with, without limitation, Benswic portfolio, internal and external advertising, publicity, illustration, trade, sale, promotion, and exploitation thereof throughout the world. This license shall be without charge or royalty and for perpetuity. I warrant and represent that I have the right to grant this license and that I am not a party to any contract or agreement that restricts the grant of this license. I hereby indemnify Benswic and hold Benswic harmless against all losses resulting from the breach of such warranty.

I agree that I will not assert or maintain against Benswic Inc LLC, its successors, assigns, and licensees a claim, action, suit, or demand of any kind or nature whatsoever, including without limitation those grounded upon copyright, trademark, invasion of privacy, rights of publicity or other civil rights, or for any other reason in connection with your use of the photographs. I hereby release Benswic, its successors, assigns, and licensees from any and all such claims, actions, causes of action, suits, and demands whatsoever that I may now or hereafter have against Benswic or them. Wherever the word “I” is used herein it shall include my successors and assigns.

REGISTRATION

To register and become a “member” of the Site, you must be at least 18 years of age to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving Benswic’s Services under the laws and statutes of the United States or other applicable jurisdiction.

When you register, Benswic may collect information such as your name, e-mail address, birth date, gender, mailing address, occupation, industry and personal interests. You can edit your account information at any time. Once you register with Benswic and sign in to our Services, you are no longer anonymous to us.

Furthermore, the registering party hereby acknowledges, understands and agrees to:

1. a) furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and
2. b) maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times.

If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, Benswic Inc will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of Benswic Inc Services, or any portion thereof.

It is Benswic Inc’s priority to ensure the safety and privacy of all its visitors, users and members, especially that of children. Therefore, it is for this reason that the parents of any child under the age of 13 that permit their child or children access to the Benswic website platform Services must create a “family” account, which will certify that the individual creating the “family” account is of 18 years of age and as such, the parent or legal guardian of any child or children registered under the “family” account. As the creator of the “family” account, s/he is thereby granting permission for his/her child or children to access the various Services provided, including, but not limited to, message boards, email, and/or instant messaging. It is the parent’s and/or legal guardian’s responsibility to determine whether any of the Services and/or content provided are age-appropriate for his/her child.

CANCELLATION POLICY

We require any changes to a reservation to be made 12 hours prior to the scheduled session through the Mindbody app or by calling the studio.

If you cancel 12 hours before the start time of the session, there is no penalty, and the credit will be credited back to your account for use at a later date.

If you cancel less than 12 hours before the start of the session, you will lose your credit and be charged a late cancellation fee of $15.

If you do not cancel and do not let us know that you are unable to make it, you will lose the credit and will also be charged a $20 No-Show Fee.

Any athletes in our Ambassador Program, or Unlimited Monthly Membership that fail to cancel prior to session start will result in a $15 late cancellation fee and an additional $20 no-show fee in the case of a late cancellation.

STUDIO ETIQUETTE POLICY

In order to provide all of our athletes with the best possible experience, we ask that members of our team please observe the following studio etiquette policies before and during every session:

• Please keep all conversations to a minimum once the session has begun.
• Please clean up and put back equipment after you have used it.

PRIVACY POLICY

Every member’s registration data and various other personal information are strictly protected by the Benswic Inc Online Privacy Policy (see the full Privacy Policy above.) As a member, you herein consent to the collection and use of the information provided, including the transfer of information within the United States and/or other countries for storage, processing or use by Benswic Inc and/or our subsidiaries and affiliates.

MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY

When you set up an account, you are the sole authorized user of your account. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It is your responsibility for any act or omission of any user(s) that access your account information that, if undertaken by you, would be deemed a violation of the TOS. It shall be your responsibility to notify Benswic Inc immediately if you notice any unauthorized access or use of your account or password or any other breach of security. Benswic Inc shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS.

CONDUCT

As a user or member of the Site, you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of the Benswic Services, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by Benswic.

Furthermore, you herein agree not to make use of Benswic Inc’s Services for the purpose of:

1. a) uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another’s privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;
2. b) causing harm to minors in any manner whatsoever;
3. c) impersonating any individual or entity, including, but not limited to, any Benswicofficials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;
4. d) forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with;
5. e) uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;
6. f) uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;
7. g) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, “junk mail,” “spam,” or any other form of solicitation, except in any such areas that may have been designated for such purpose;
8. h) uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;
9. i) disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users’ ability to participate in any real time interactions;
10. j) interfering with or disrupting any Benswic Inc Services, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers;
11. k) intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
12. l) providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a “foreign terrorist organization” in accordance to Section 219 of the Immigration Nationality Act;
13. m) “stalking” or with the intent to otherwise harass another individual; and/or
14. n) collecting or storing of any personal data relating to any other member or user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.

Benswic Inc herein reserves the right to pre-screen, refuse and/or delete any content currently available through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate the TOS or which would otherwise be considered offensive to other visitors, users and/or members.

Benswic Inc herein reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:

1. a) compliance with any legal process;
2. b) enforcement of the TOS;
3. c) responding to any claim that therein contained content is in violation of the rights of any third party;
4. d) responding to requests for customer service; or
5. e) protecting the rights, property or the personal safety of Benswic Inc, its visitors, users and members, including the general public.

Benswic Inc herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by Benswic Inc or any other content providers supplying content services to Benswic Inc. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.

CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE

Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:

1. a) are not on the list of prohibited individuals which may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;
2. b) agree not to transfer any software, technology or any other technical data through the use of our network Services to any export-prohibited country;
3. c) agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws; and
4. d) agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws.

CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES

Benswic Inc shall not lay claim to ownership of any content submitted by any visitor, member, or user, nor make such content available for inclusion on our website Services. Therefore, you hereby grant and allow for Benswic Inc the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:

1. a) The content submitted or made available for inclusion on the publicly accessible areas of Benswic Inc’s sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Benswic Inc’s sites, and shall terminate at such time when you elect to discontinue your membership.
2. b) Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of Benswic Inc’s sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services are for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Benswic Inc’s sites and shall terminate at such time when you elect to discontinue your membership.
3. c) For any other content submitted or made available for inclusion on the publicly accessible areas of Benswic Inc’s sites, the continuous, binding and completely sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium current used or later developed.

Those areas which may be deemed “publicly accessible” areas of Benswic Inc’s sites are those such areas of our network properties which are meant to be available to the general public, and which would include message boards and groups that are openly available to both users and members.

CONTRIBUTIONS TO COMPANY WEBSITE

Benswic Inc provides an area for our users and members to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals (“Contributions”) to our site, you acknowledge and agree that:

1. a) your contributions do not contain any type of confidential or proprietary information;
2. b) Benswic shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;
3. c) Benswic shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;
4. d) the contributor’s Contributions shall automatically become the sole property of Benswic; and
5. e) Benswic is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.

INDEMNITY

All users and/or members herein agree to insure and hold Benswic Inc, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a member or user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of Benswic Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.

COMMERCIAL REUSE OF SERVICES

The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to Benswic’s sites.

USE AND STORAGE GENERAL PRACTICES

You herein acknowledge that Benswic Inc may set up any such practices and/or limits regarding the use of our Services, without limitation of the maximum number of days that any email, message posting or any other uploaded content shall be retained by Benswic Inc, nor the maximum number of email messages that may be sent and/or received by any member, the maximum volume or size of any email message that may be sent from or may be received by an account on our Service, the maximum disk space allowable that shall be allocated on Benswic Inc’s servers on the member’s behalf, and/or the maximum number of times and/or duration that any member may access our Services in a given period of time. In addition, you also agree that Benswic Inc has absolutely no responsibility or liability for the removal or failure to maintain storage of any messages and/or other communications or content maintained or transmitted by our Services. You also herein acknowledge that we reserve the right to delete or remove any account that is no longer active for an extended period of time. Furthermore, Benswic Inc shall reserve the right to modify, alter and/or update these general practices and limits at our discretion.

MODIFICATIONS

Benswic Inc shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.

TERMINATION

As a member of www.benswic.com, you may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termination request to bmarshall@benswic.com.

As a member, you agree that Benswic Inc may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:

1. a) any breach or violation of our TOS or any other incorporated agreement, regulation and/or guideline;
2. b) by way of requests from law enforcement or any other governmental agencies;
3. c) the discontinuance, alteration and/or material modification to our Services, or any part thereof;
4. d) unexpected technical or security issues and/or problems;
5. e) any extended periods of inactivity;
6. f) any engagement by you in any fraudulent or illegal activities; and/or
7. g) the nonpayment of any associated fees that may be owed by you in connection with your www.benswic.com account Services.

Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services.

The termination of your account with www.revdindoorcycling.com shall include any and/or all of the following:

1. a) the removal of any access to all or part of the Services offered within www.benswic.com;
2. b) the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and
3. c) the barring of any further use of all or part of our Services.

ADVERTISERS

Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that Benswic Inc shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.

LINKS

Either Benswic Inc or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that Benswic Inc shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.

PROPRIETARY RIGHTS

You do hereby acknowledge and agree that Benswic Inc’s Services and any essential software that may be used in connection with our Services (“Software”) shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Benswic Inc or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Benswic Inc Services (e.g. Content or Software), in whole or part.

Benswic Inc herein has granted you personal, non-transferable and non-exclusive rights and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by Benswic Inc for use in accessing our Services.

WARRANTY DISCLAIMERS

YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

1. a) THE USE OF Benswic Inc SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. Benswic Inc AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. b) Benswic Inc AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) Benswic Inc SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) Benswic Inc SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE Benswic Inc SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
3. c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF Benswic Inc SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
4. d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM Benswic Inc OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
5. e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

LIMITATION OF LIABILITY

YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT Benswic Inc AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:

1. a) THE USE OR INABILITY TO USE OUR SERVICE;
2. b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
3. c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
4. d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
5. e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

RELEASE

In the event you have a dispute, you agree to release Benswic Inc (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.

SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS

Should you intend to create or to join any service, receive or request any such news, messages, alerts or other information from our Services concerning companies, stock quotes, investments or securities, please review the above Sections Warranty Disclaimers and Limitations of Liability again. In addition, for this particular type of information, the phrase “Let the investor beware” is appropriate. Benswic Inc’s content is provided primarily for informational purposes, and no content that shall be provided or included in our Services is intended for trading or investing purposes. Benswic Inc and our licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted and/or made available by way of our Services, and shall not be responsible or liable for any trading and/or investment decisions based on any such information.

EXCLUSION AND LIMITATIONS

THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

THIRD PARTY BENEFICIARIES

You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be no third-party beneficiaries to this agreement.

NOTICE

Benswic Inc may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be hereinafter developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.

TRADEMARK INFORMATION

You herein acknowledge, understand and agree that all of the Benswic Inc trademarks, copyright, trade name, service marks, and other Benswic Inc logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Benswic Inc. You herein agree not to display and/or use in any manner the Benswic Inc logo or marks without obtaining Benswic Inc’s prior written consent.

COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE
& PROCEDURES

Benswic Inc will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, Benswic Inc may disable and/or terminate the accounts of any user who violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:

1. a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
2. b) A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
3. c) A description of the location of the site which you allege has been infringing upon your work;
4. d) Your physical address, telephone number, and email address;
5. e) A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;
6. f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner’s behalf.

The Benswic Inc Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:

Mailing Address:
Benswic Inc
2473 Frederick Douglass Blvd
NY, NY 10027

 Email: bmarshall@benswic.com

CLOSED CAPTIONING

BE IT KNOWN, that Benswic Inc complies with all applicable Federal Communications Commission rules and regulations regarding the closed captioning of video content. For more information, please visit our website at www.benswic.com.

GENERAL INFORMATION

ENTIRE AGREEMENT
This TOS constitutes the entire agreement between you and Benswic Inc and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to Benswic Inc Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Benswic Inc Services, affiliate Services, third-party content or third-party software.

CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and Benswic Inc with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of Massachusetts without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and Benswic Inc, shall be filed within the courts having jurisdiction within the County of Norfolk, Massachusetts or the U.S. District Court located in said state. You and Benswic Inc agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

WAIVER AND SEVERABILITY OF TERMS
At any time, should Benswic Inc fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within 6 year(s) after said claim or cause of action arose or shall be forever barred.

VIOLATIONS
Please report any and all violations of this TOS to Benswic Inc as follows:

Mailing Address:
Benswic Inc
2471 Frederick Douglass Blvd
NY, NY 10027

Email: bmarshall@benswic.com