LAST UPDATED: October 3, 2018

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING AND/OR PLACING AN ORDER AND/OR SIGNING UP FOR SERVICES THROUGH THE YELLOWBIKE WEBSITE.

The YELLOWBIKE WEBSITE (including www.yellowbike.ca and any other website(s) managed, operated and/or administered by or on behalf of YellowBike (the “Company,” “we,” “us,” and “our”), together with any successors to such website(s), the “YELLOWBIKE WEBSITE”) provides users with access to content and services related to us and our products, including audiovisual content, images, forums, blogs, text, data and other similar content and services. Use of the YELLOWBIKE WEBSITE by you (“you”, “your”) is governed by the provisions of these Terms and Conditions, which constitute an agreement between you and the Company (the “Agreement”).

By accessing the YELLOWBIKE WEBSITE, you confirm having read and understood this Agreement. If you do not wish to be bound by this Agreement, do not use the YELLOWBIKE WEBSITE. Further, by using the YELLOWBIKE WEBSITE, you confirm that you are of a legal age to enter into this Agreement or, if you are not, that you have obtained parental or guardian consent to enter into this Agreement. If you are not of legal age to enter into this Agreement and have not obtained parental or guardian consent to enter into this Agreement, then you may not use the YELLOWBIKE WEBSITE.

Without limiting the generality of the foregoing, these Terms and Conditions will also apply if you access the YELLOWBIKE WEBSITE through a Third Party Application (as defined below).

IF YOU ARE AT ANY TIME DISSATISFIED WITH THIS AGREEMENT OR THE YELLOWBIKE WEBSITE, YOUR SOLE REMEDY IS TO CEASE USING THE YELLOWBIKE WEBSITE.

1. Modifications

We reserve the right to change, amend, or update this Agreement, in whole or in part, from time to time at our sole discretion, and you agree to be bound by such modifications, alterations, or updates once they are posted on the YELLOWBIKE WEBSITE. You can determine when this Agreement was last revised by referring to the “LAST UPDATED” legend at the top of this Agreement. Your continued use of the YELLOWBIKE WEBSITE following the posting of changes to this Agreement will mean that you accept those changes, provided that any material change to this Agreement shall not apply retroactively to any claim or dispute between you and us in connection with this Agreement that arose prior to the “LAST UPDATED” date applicable to that version of this Agreement in which we included such material change. If you do not agree to any changes made to this Agreement, do not use the YELLOWBIKE WEBSITE.

We may, at any time, modify or discontinue all or part of the YELLOWBIKE WEBSITE, remove or edit any materials or content on the YELLOWBIKE WEBSITE (including terminating, changing, suspending or discontinuing any aspect of the YELLOWBIKE WEBSITE), charge, modify or waive fees required to use the YELLOWBIKE WEBSITE; offer opportunities to some or all YELLOWBIKE WEBSITE users, subject to any restrictions placed on our exercise of such rights under applicable law; or add or withdraw any products or services from the YELLOWBIKE WEBSITE. We will not be liable to you or any other person or entity for doing so.

2. Third Party Beneficiaries

Except for the persons and entities associated with the Company and each person or entity controlled by or under common control with the Company (collectively, the “Affiliates”), each of which is entitled to the benefit of each provision of this Agreement and each and every other agreement between you and the Company or any of the Affiliates: (i) this Agreement and each and every provision hereof is for the exclusive benefit of the Company and you and not for the benefit of any third party, and (ii) no third party shall be entitled to rely upon or enforce this Agreement or be a third-party beneficiary hereof. You acknowledge that, notwithstanding that each Affiliate may not be party to this Agreement, each Affiliate shall have the full right and entitlement to take the benefit of and enforce the rights, indemnities, disclaimers and limitations of liability provided in this Agreement in favor of the Company and may directly enforce, invoke or otherwise apply such rights, indemnities, disclaimers and limitations of liability against you, or anyone claiming rights of any nature whatsoever through you. You agree that the Company may enforce any rights, indemnities, disclaimers and limitations of liability for and on behalf of any of its Affiliates and, in such event, you will not, in any proceeding to enforce the rights, indemnities, disclaimers and limitations of liability by or on behalf of any Affiliate, assert any defense thereto based on the absence of authority or consideration or privity of contract, and you hereby irrevocably waive the benefit of any such defense.

3. Information You Submit Through the YELLOWBIKE WEBSITE

3.1. Your submission of personal information through the YELLOWBIKE WEBSITE is governed by the Company’s Privacy Policy, the MINDBODY Privacy Policy  and the FITMETRIX Privacy Policy. You represent and warrant that any personal information you provide in connection with your use of the YELLOWBIKE WEBSITE is true, accurate and complete, and that you will maintain and update such information as needed, such that the information remains true, accurate and complete. If you do not give us all of the personal information that we need, we may not be able to provide the services you require or complete your orders for products.

3.2. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONAL INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH OR IN CONNECTION WITH THE YELLOWBIKE WEBSITE, YOU DO SO AT YOUR OWN RISK.

3.3. To the extent that you submit any personal information to any third party in connection with the YELLOWBIKE WEBSITE (for example, via a Third Party Application, as defined below): (a) such third party’s collection, use and disclosure of such information will be governed by its own privacy policy and not by the Company’s Privacy Policy, and (b) we are not responsible for the collection, usage and disclosure practices of such third party or any other third party with respect to your personal information.

4. Registration: User Names and Passwords

4.1. You hereby acknowledge that the Company uses the third party software providers MINDBODY and FITMETRIX to manage accounts, Membership purchases and registrations for classes and sessions to reserve spinning bikes and to run group training programs. As such, you hereby agree by accessing the YELLOWBIKE WEBSITE to comply with all of the terms and conditions of the MINDBODY software, which can be accessed here and the terms and conditions of the FITMETRIX software, which can be accessed here.

4.2. You may be required to register or create an account in order to access certain areas or features of the YELLOWBIKE WEBSITE, for example, to post Submissions (as defined below) or to register for a fitness class or an infrared sauna session, or to purchase Memberships or Products (as defined below). With respect to any such registration or account, you may not use (and we may refuse to grant you) any user name or e-mail address that belongs to or is already being used by another person; that may be construed as impersonating another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. You are responsible for maintaining the confidentiality of any password you may use to access the YELLOWBIKE WEBSITE, and you agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the YELLOWBIKE WEBSITE, to any third party. You are fully responsible for all interactions with the YELLOWBIKE WEBSITE that occur in connection with your user name, registration or account. You agree to immediately notify the Company of any unauthorized use of your password or user name or any other breach of security related to your registration or account on the YELLOWBIKE WEBSITE, and to ensure that you “log off” and exit from the YELLOWBIKE WEBSITE (if applicable) at the end of each session. Neither the Company nor MINDBODY nor FITMETRIX are liable for any loss or damage arising from your failure to comply with any of the foregoing obligations. The Company has no obligation to inquire as to the authority or propriety of any use of or action taken under your password, user name, registration or account, and will not be responsible for any loss to you arising from any such use or action, or from your failure to comply with this provision.

5. Rules of Conduct

5.1. While using the YELLOWBIKE WEBSITE, you agree to comply with all applicable laws, rules and regulations, and to respect the rights and dignity of others. In addition, your use of the YELLOWBIKE WEBSITE is conditioned on your compliance with the rules of conduct set forth herein, and failure to comply with this Agreement and/or these rules of conduct (including without limitation your engagement in any copyright infringement through or in connection with the YELLOWBIKE WEBSITE) may result in suspension or termination of your access to the YELLOWBIKE WEBSITE.

5.2. You agree to only use the YELLOWBIKE WEBSITE to make legitimate inquiries and orders.

5.3. You agree not to post, transmit, or otherwise make available through the YELLOWBIKE WEBSITE:

5.3.1. Any information or materials that are or may be, or the posting, transmission or use of which is or may be: (a) threatening, harassing, degrading, abusive, hateful or intimidating; (b) defamatory or libelous; (c) fraudulent or tortuous; (d) unlawful, obscene, indecent, pornographic, sexual or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right except with the express written consent of the owner of such right.

5.3.2. Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; that promotes gambling; or that encourages or provides instructional information about illegal activities or activities such as “hacking,” “cracking,” or “phreaking.”

5.3.3. Any virus, worm, Trojan horse, Easter egg, time bomb, malware, spyware, or other computer code, file, or program that is harmful or invasive or that may, or is intended to, damage, hijack, disable, interfere with, intercept or disrupt the operation of, or monitor the use of, any hardware, software, equipment, data or information.

5.3.4. Any unsolicited or unauthorized advertisements, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation that is not expressly approved by the Company in advance.

5.3.5. Any unsolicited e-mail messages related to the Company to any individual without his/her prior knowledge and prior consent or otherwise in violation of any law, rule or regulation.

5.3.6. Any speculative, false or fraudulent orders for Products or sign-ups for Memberships (as defined below); if we are of the opinion that such an order has been made, we shall be entitled to cancel the order and inform the relevant authorities.

5.3.7. Any personal information of another individual, without the prior lawful consent of such individual.

5.3.8. Any material, non-public information about a company, without the proper authorization to do so.

5.4. You further agree not to:

5.4.1. Use the YELLOWBIKE WEBSITE for any fraudulent or unlawful purpose.

5.4.2. Use the YELLOWBIKE WEBSITE to defame, abuse, harass, stalk, threaten, “bully,” or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or to harvest or collect information about users of the YELLOWBIKE WEBSITE.

5.4.3. Impersonate any person or entity, including without limitation any employee, agent or other representative of the Company; including by (a) falsely stating or otherwise misrepresenting your affiliation with any person or entity in connection with the YELLOWBIKE WEBSITE; or (b) expressing or implying that we endorse any statement you make.

5.4.4. Interfere with or disrupt the operation of the YELLOWBIKE WEBSITE or the servers or networks used to make the YELLOWBIKE WEBSITE available; or violate any requirements, procedures, policies or regulations of such networks.

5.4.5. Use the YELLOWBIKE WEBSITE to (a) advertise or offer to sell or buy any goods or services for any business purpose, or otherwise promote any services, businesses or opportunities, or (b) solicit YELLOWBIKE WEBSITE visitors or users to visit, become members of, subscribe to, or register with any commercial online service or other organization; in each case, without the Company’s express prior written consent.

5.4.6. Reproduce, duplicate, copy, sell, resell, link to or otherwise exploit for any commercial purposes, any portion of, use of, or access to, the YELLOWBIKE WEBSITE.

5.4.7. Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the YELLOWBIKE WEBSITE.

5.4.8. Remove any copyright, trademark or other proprietary rights notice from the YELLOWBIKE WEBSITE or from materials originating from the YELLOWBIKE WEBSITE.

5.4.9. Frame or mirror any part of the YELLOWBIKE WEBSITE.

5.4.10. Create a database by downloading and storing YELLOWBIKE WEBSITE content.

5.4.11. Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather YELLOWBIKE WEBSITE content or reproduce or circumvent the navigational structure or presentation of the YELLOWBIKE WEBSITE without the Company’s express prior written consent.

5.4.12. Place a widget provided by the Company on any third party website in violation of the policies governing such third party website (including the terms of use governing such website).

5.5. Additionally, you acknowledge and agree that you (to the complete exoneration of the Company) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the YELLOWBIKE WEBSITE, and for paying all charges related thereto.

6. Membership

6.1. Generally. You may purchase through the YELLOWBIKE WEBSITE (i) one or more of the memberships offering an unlimited access to the Premises for a specific period of time, as hereinafter defined (an “Unlimited Membership”); (ii) packages of training sessions or infrared sauna sessions (a “Package Session”); or (iii) an individual training session or an individual infrared sauna session (an “Individual Session”) (Unlimited Memberships, Package Sessions and Individual Sessions are collectively referred to as a “Membership”) to the YellowBike Fitness Centre, located at 1115 Sherbrooke West Montreal, QC, H3A 1H3 (the “Premises”), offered to you by the Company. Depending on the type of Membership you choose, you will have access to any and all of the Services (as defined below) as of the date of purchase of your Membership (the “Membership Date”).

6.2. Price. Membership prices shall be as quoted from time to time, in Canadian dollars, on the YELLOWBIKE WEBSITE. While we take care to ensure that all prices and terms quoted on the YELLOWBIKE WEBSITE are accurate, errors may occur and prices may change without notice. If we discover an error in the price or any other terms of any Membership you have purchased, we will inform you as soon as possible and give you the option of reconfirming the purchase at the correct price or the appropriate terms or cancelling the purchase. Taxes will be added to any mentioned Membership prices.

6.3. Waiver and Release of Liability. You hereby acknowledge that you are in good physical condition and that you are able to participate in the activities, sessions, classes and programs, and to use the facilities and equipment, made available and/or offered to you by the Company at the Premises (the “Services”) without medical risk. You understand that your use of the Services presents innate risks and that it is recommended that you obtain an evaluation or an assessment from a licensed physician prior to undertaking any of the Services. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK AND YOU HEREBY WAIVE, RELEASE AND GRANT A FULL, FINAL, COMPLETE AND DEFINITIVE DISCHARGE TO THE COMPANY, ITS AFFILIATES, MINDBODY, FITMETRIX AND ANY OF OUR OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS OR PROVIDERS OR ANY OTHER PERSON FOR WHOM THE COMPANY IS RESPONSIBLE, FROM ANY AND ALL CLAIMS AND LEGAL PROCEDURES, PRESENT OR FUTURE, KNOWN OR UNKNOWN, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, DEATH AND ANY OTHER DAMAGE TO YOUR PERSON OR PROPERTY THAT MAY OCCUR WHILE YOU ARE ON THE PREMISES OR WHILE YOU ARE OFF THE PREMISES AT ANY EVENT RECOMMENDED OR SPONSORED BY THE COMPANY, OR WHICH MAY RESULT FROM YOUR USE OF THE SERVICES OR THE SUDDEN AND UNFORESEEN MALFUNCTIONING THEREOF OR FROM ANY INSTRUCTIONS, TRAINING, SUPERVISION OR RECOMMENDATIONS GIVEN BY THE COMPANY, ITS AFFILIATES, ITS REPRESENTATIVES, EMPLOYEES OR PROVIDERS. You hereby agree to indemnify and hold the Company harmless against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by you or anyone on your behalf, including judicial and extra-judicial fees and disbursements, if litigation arises pursuant to any claims made by you or by anyone else acting on your behalf.

6.4. Responsibility. You hereby assume responsibility for any damage that you cause to any of the Company’s property or equipment on the Premises, either willfully, involuntarily or through negligence, and you agree to compensate the Company for the full cost of repairs or replacement that result from said damages. The Company shall not be held responsible for any of your personal property that is lost, damaged or stolen on the Premises.

6.5. Duration. The duration of any Unlimited Membership shall be for a maximum of 52 weeks starting from the Membership Date. Individual Sessions and Package Sessions may be used at any time during the specific period stated at the time of purchase, following which they shall expire.

6.6. Renewal. Between 30 to 60 days prior to the expiry of your existing Unlimited Membership, the Company shall offer to renew same by providing you with a written notice indicating the duration, the total cost, and the terms of payment of your renewed Unlimited Membership (the “Renewal Offer”). In order to renew your existing Unlimited Membership, you must notify the Company in writing prior to the expiry of your existing Unlimited Membership that you accept said Renewal Offer.

6.7. Eligibility. In order to purchase a Membership, you must be over the age of 18.

6.8. Access. You must check-in with a member of the Company’s staff at the reception desk at the Premises or through the MINDBODY app in order to gain access to the Premises. You may access the Premises during regular opening hours. The Company reserves the right to close the Premises temporarily for maintenance and/or repair purposes, and/or any other reason deemed necessary by the Company, in its sole discretion, without notice. The Company further reserves the right to modify its opening hours for seasonal considerations and public holidays.

6.9. Use. Your Membership and all the benefits resulting therefrom are personal to you and are not assignable or transferable. You agree that you will not loan, lend or sell your Membership to any other person.

6.10. No Solicitation. You are strictly forbidden from soliciting or selling any goods, products, and/or services to any person on the Premises, without the Company’s express prior written consent.

6.11. Class Registration. We advise that you register for classes or sessions on the YELLOWBIKE WEBSITE to secure your spot. You must arrive a minimum of 5 minutes in advance to retain your spot. When there is only 5 minutes left until the start of class, all reserved spots will be opened to anyone on the wait-list. You hereby acknowledge that the class schedule is subject to change at any time by the Company and that the instructors may vary from those indicated on the YELLOWBIKE WEBSITE.

6.12. Suspension. Should you not be able to use the Services for a valid medical reason (supported with a valid physician’s note), the Company shall extend the period of validity of your Membership, at no charge, for the same period during which you were not able to use the Services.

6.13. Cancellation. You may cancel an Unlimited Membership without charge or penalty before the Company has given you access to the Premises and use of the facilities located thereon by sending the form attached hereto at Schedule A or another notice in writing for such purpose to the Company.

If the Company has already given you access to the Premises and use of the facilities located thereon, you may cancel your Unlimited Membership within a time period equal to 1/10 of the duration of your Unlimited Membership by sending the form attached hereto at Schedule A or another notice in writing for that purpose to the Company. Such time period shall begin at the time the Company grants you access to the Premises and use of the facilities located thereon. In that case, the Company may not exact from you payment of any sum greater than 1/10 of the total price of your Unlimited Membership.

Your Unlimited Membership shall be cancelled immediately, without further formality, upon the sending of the form or notice.

Within 10 days following the cancellation of your Unlimited Membership, the Company must restore to you the money it owes you.

It is in your interest to refer to Sections 197 to 205 of the Consumer Protection Act (chapter P-40.1) and, where necessary, to communicate with the Office de la protection du consommateur.

6.14. Class Cancellation. If you have registered for a class or a session, you may cancel your registration within 24 hours prior to the class or the session being held, failing which, you will be charged for said class or session, at the Company’s standard rates.

6.15. Membership Refunds. All Memberships are non-refundable, non-shareable and non-transferable.

7.  Product purchases

7.1. Personal Use. You may purchase certain products on the YELLOWBIKE WEBSITE, including, men and women’s athletic apparel, equipment, cycling shoes, compression garments and accessories (the “Products”). Products are only for personal use and not for resale. By placing an order, you represent and warrant that you are purchasing Products for personal use only and not for resale.

7.2. Product Availability. Availability of Products for sale on the YELLOWBIKE WEBSITE may vary and Products displayed may be out of stock or discontinued. Some Products may be available only in limited quantities or while supplies last. Display of an item on the YELLOWBIKE WEBSITE is not a guarantee that the item is in stock or that it will be in stock at a later date. Once an item is out of stock, we will attempt to remove the item promptly from display on the YELLOWBIKE WEBSITE or indicate its unavailability. If you have ordered something which is not available, you will be refunded any money you have paid in respect thereof.

7.3. Orders. Although we have made every effort to display Products as accurately as possible on the YELLOWBIKE WEBSITE, the manner in which Products are actually displayed will depend upon the monitor or device of the user. We cannot guarantee that your monitor or device will accurately portray the actual colors, textures or details of our Products.

To place an order, you will be required to follow the shopping process online and press the “Place Order” button to submit the order. By clicking “Place Order”, you agree that your order will be subject to this Agreement.

You will receive an e-mail from us acknowledging that we have received your order (the “Purchase Receipt”), which does not mean that your order has been accepted, as your order constitutes your offer to us to buy Products from us. All orders are subject to Product availability and acceptance by us, and we will confirm such acceptance to you by sending you an e-mail confirmation when the order is shipped (the “Order Shipped Notification”).

No contract in respect of the purchase of Products (“Product Purchase”) offered on the YELLOWBIKE WEBSITE shall exist between you and us until your order has been accepted by us and we send you the Order Shipped Notification.

7.4. Price. Prices of the Products shall be as quoted from time to time, in Canadian dollars, on the YELLOWBIKE WEBSITE. While we take care to ensure that all prices and terms quoted on the YELLOWBIKE WEBSITE are accurate, errors may occur and prices may change without notice. If we discover an error in the price or any other terms of any Products you have ordered, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or the appropriate terms or cancelling the order.

All prices of the Products listed on the YELLOWBIKE WEBSITE are exclusive of shipping charges and applicable taxes. Applicable taxes are charged according to the shipping address of your order as provided by applicable law. You will not be responsible for self-assessing the applicable taxes or duties and remitting the amount of such taxes to the relevant authorities. The price for Products offered on the YELLOWBIKE WEBSITE may differ from the price for the same Products available at the Premises.

7.5. Shipping and Delivery. Products offered through the YELLOWBIKE WEBSITE are only available for delivery to addresses in Canada, which are served by the Company’s delivery service of choice. Shipping addresses must be valid Canadian addresses – except the Company does not ship to post office boxes. Shipping is not available outside of Canada.

You are responsible for the shipping costs associated with the delivery to you of Products purchased through the YELLOWBIKE WEBSITE. Shipping fees are non-refundable.

All Products purchased are intended for use in Canada. If, however, you decide to take Products to another country, you will be responsible for adhering to both the export legislation of Canada and the import legislation of the destination country. The Company shall not be liable.

We generally ship out all orders within 1-3 business days when inventory is on hand. The time it takes for your order to arrive will depend on where you are located and what type of shipping method you select.

The delivery times are estimates only and the Company will not be responsible for any damages or costs resulting from any delays in delivery. If you have ordered multiple items, you may receive each item individually, on different dates.

Once the transaction is completed, we will email you with a tracking number so you can see where your package is at all times. Please contact us Here if you do not receive your tracking number.

7.6. Title and Risk. Title and risk in respect of Products purchased will be transferred to you upon delivery.

8. Product Returns

8.1. Generally. For Product Purchases made through the YELLOWBIKE WEBSITE, the Company will accept returns of merchandise within 15 days of receipt. Only Products that are in the original packaging, have not been opened and are not damaged may be returned (unless the Product is defective).

The Company reserves the right not to return merchandise which, in its sole discretion, does not satisfy the return criteria.

You must return all Products by registered mail to the Company at your sole cost and expense.

Refunds will be credited to your original method of payment and will be equal to the cost of the returned Products plus applicable taxes. Shipping and handling charges will be refunded where a Product warranty issue has arisen. Please note that all discounted products, bras, underwear, swimwear, cosmetics, food and supplements are final sale and are not eligible for returns.

Please allow 3 to 5 business days following receipt of returned Products by the Company for your credit to be issued.

8.2. Product Purchases exceeding $100. Notwithstanding the foregoing, if you have purchased a Membership and your Product Purchase exceeds $100, your Product Purchase will be considered accessory to your Membership entered into on the Membership Date (“Accessory Purchases”).

You may cancel your Accessory Purchase within 10 days following: (a) either the date on which the Products sold are delivered; or (b) the date on which the Company has given you access to the Premises and the facilities located thereon; whichever occurs last. The Company shall assume the risk of loss or deterioration, even by superior force, of the Products forming the object of your Accessory Purchase until the longer of (a) and (b), unless such loss or deterioration is caused by your own acts, omissions and/or negligence.

To cancel your Accessory Purchase, you must: (a) either return the Products to the Company; or (b) send the Company the cancellation form attached hereto at Schedule B or another notice in writing for that purpose.

Your Accessory Purchase is cancelled, without further formality, as soon as you return the Products or forward the form or notice to the Company.

Moreover, if you cancel your Unlimited Membership, you may also cancel your Accessory Purchase by returning the Products to the Company within 10 days following the cancellation of your Unlimited Membership. However, you may not avail yourself of that right if you have been in possession of the Products for 2 months or for a period equivalent to 1/3 of the term stipulated in your Unlimited Membership, whichever is shorter.

Within 10 days following the cancellation, the parties must restore what they have received from one another.

The Company shall assume the costs of restitution.

It is in your interest to refer to Sections 208 to 214 of the Consumer Protection Act (chapter P-40.1) and, where necessary, to communicate with the Office de la protection du consommateur.

9. Payment Methods

9.1. We currently accept the following payment methods on the YELLOWBIKE WEBSITE: credit/debit cards and AMEX. We do not accept cheques, cash, or PayPal.

10. Posting

10.1. Generally. The YELLOWBIKE WEBSITE may contain areas where you are able to post information and materials including, without limitation, text, images, photographs, graphics, music, videos, audiovisual works, ideas, suggestions, submissions, data, reviews, comments, information, files, links and other materials (each, a “Submission”). For purposes of clarity, you retain ownership of any Submissions that you post, subject to the provisions of this Agreement (including the license grant in Section 10.3 below). You hereby acknowledge and agree that you do not have any rights to use or incorporate into any Submission or other materials, any content or materials owned by us or any of the Affiliates, or our or their respective licensors or suppliers (collectively, “The Company Content”). For the sake of clarity, The Company, the Affiliates or our or their respective licensors or suppliers, as applicable, shall retain ownership of the Company Content.

10.2. Submissions. You agree that you will not post any false or inaccurate Submissions or delete or revise any Submissions that were not posted by you. You are responsible for your own Submissions and are responsible for the consequences of your Submissions.

10.3. License Grant. For each Submission that you post, you hereby grant to us and the Affiliates a world-wide, royalty free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable, and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to: (i) reproduce, distribute, transmit, perform and display (publicly or otherwise), make available to the public, adapt, modify, edit, translate, make, sell, offer to sell, import, and otherwise use and exploit (and have others exercise such rights on behalf of us or the Affiliates, through multiple tiers) such Submission, any ideas accompanying, related to, or embodied in such Submission, and any materials embodying, incorporating, or derived from such Submission, in any format or media now known or hereafter developed; (ii) create derivative works from such Submission (including without limitation by incorporating such Submission into any other work, or into our, the Affiliates’ or our or their respective designees’ products or services); (iii) exercise all trademark, publicity and other proprietary rights with regard to such Submission; (iv) use your name, photograph, portrait, picture, voice, likeness and biographical information as news or information and for advertising or promotional purposes, whether or not in connection with your Submission; and (v) use your Submission (including the contents thereof and any derivative works thereof) for any advertising or promotional purposes. IF YOU DO NOT WISH TO GRANT THE RIGHTS PROVIDED IN THIS SECTION 10.3, PLEASE REFRAIN FROM POSTING ANY SUBMISSIONS ON THE YELLOWBIKE WEBSITE.

10.4. Disclaimers. It is possible that YELLOWBIKE WEBSITE visitors will post information or materials on the YELLOWBIKE WEBSITE that are wrong or misleading or that otherwise violate this Agreement. We, the Affiliates and our and their respective directors, officers, employees, agents, representatives, licensors and providers do not endorse and are not responsible for any information or materials made available through the YELLOWBIKE WEBSITE or your use of or reliance on such information or materials. All Submissions will be deemed to be non-confidential and may be (i) disclosed to the general public and (ii) used by us without (A) any confidentiality or other non-disclosure obligations or (B) compensation to you or any third party. We reserve the right, at any time and in our sole discretion, to set limits on the number and size of Submissions that may be posted on the YELLOWBIKE WEBSITE or the amount of storage space available for Submissions. The Company is not responsible for any improper use of Submissions by third parties. Any use of Submissions by third parties in a manner contrary to applicable laws and regulations or this Agreement is beyond the Company’s control and, consequently, the Company is not liable.

10.5. Acknowledgement. You hereby acknowledge and agree that (i) you have received good and valuable consideration in exchange for the rights granted by you hereunder in and to any Submission that you post, which consideration includes, without limitation, the ability to participate in activities on the YELLOWBIKE WEBSITE and the possibility that publicity or favorable exposure may arise from our or the Affiliates’ use of such Submission or any derivative works incorporating or embodying such Submission; and (ii) you are not entitled to any further compensation for any use or other exploitation of such Submission by us or the Affiliates or any other person or entity in connection with the rights in such Submission that have been granted hereunder and/or that are available under applicable law.

Because of the large number of ideas and works that the Company has already developed, or that have been suggested to us by third parties, the possibility exists that any Submission that you may make through the YELLOWBIKE WEBSITE is similar to information, ideas, suggestions, submissions or other material already known to us. By disclosing any Submission through the YELLOWBIKE WEBSITE, you agree that (a) no confidential relationship is established by virtue of such Submission and that the material is not submitted in confidence and (b) no obligation of any kind is assumed by, nor may be implied against, the Company by virtue of such Submission. Moreover, no liability shall result from the use of such Submission by the Company.

10.6. Representations and Warranties. You hereby represent and warrant that: (i) you have the legal right and authority to enter into this Agreement; (ii) you solely own, or otherwise have the full right and permission to exploit, all of the rights in, to, and under any Submission that you post and to grant the rights and licenses set forth herein, and with respect to any third party materials that appear in or are otherwise incorporated or embodied in any Submission that you post, you have obtained express, written clearances from all owners of and rights holders in such third party materials as necessary to grant the rights and licenses set forth herein; (iii) any Submissions that you post, and the use thereof by us, the Affiliates, our and their respective designees, and other users of the YELLOWBIKE WEBSITE do not and shall not infringe or violate any patent, copyright, trademark, trade secret, or other intellectual property rights or other rights of any third party; (iv) any Submission that you post is not confidential and does not contain any confidential information; (v) in creating, preparing and posting any Submission, you (A) have complied and will comply in all respects with all applicable laws, rules (including without limitation our rules of conduct set forth in Section 5 above), and regulations and (B) have not violated and will not violate any understanding by which you are explicitly or implicitly bound (including without limitation any agreement with any third party) and (vi) you have obtained the written consent, release, and/or permission of every identifiable individual who appears in any Submission that you post, to use such individual’s name and likeness for purposes of using and otherwise exploiting such Submission(s) in the manner contemplated by this Agreement, or, if any such identifiable individual is under the age of majority, you have obtained such written consent, release and/or permission from such individual’s parent(s) or guardian(s) and from any other entity from whom such consent, release or permission is required (and, in each case, you agree to provide to us a copy of any such consents, releases and/or permissions upon our request). If you do post a Submission that contains the likeness of an identifiable individual, we strongly encourage you not to include any identifying information within such Submission, such as the individual’s name or address.

10.7. Waiver. To the extent permitted under applicable law, you agree to forever release, discharge and waive all claims against us, the Affiliates and our and their respective directors, officers, employees, agents, representatives, licensors and providers from, and covenant not to initiate, file, maintain, or proceed upon, any claims, demands, actions, losses, costs, damages, liabilities, judgments, settlements or expenses (including without limitation reasonable attorneys’ fees) that relate in any way to this Agreement and/or the use of any Submission in a manner consistent with the rights granted under this Agreement, including without limitation any claim for misappropriation. Additionally, to the extent permitted under applicable law, you hereby waive and assign to the Company any and all rights that you may have under laws worldwide that concern “moral rights” or “droit moral,” or similar rights, in connection with any Submission (and you hereby represent and warrant that you have obtained clear, express written waivers and assignments from any applicable third parties with respect to any and all rights that such third parties may have under such laws in connection with any Submission that you post). At any time upon our request, you shall: (i) take or cause to be taken all such actions as we may reasonably deem necessary or desirable in order for us and the Affiliates to obtain the full benefits of this Agreement and any licenses and assignments granted by you hereunder, and (ii) execute a non-electronic hard copy of this Agreement.

10.8. No Obligation to Use. We shall determine in our sole discretion whether or not to exercise any right granted to us under this Agreement, and we shall have no obligation to (i) use or otherwise exploit any Submission or (ii) include any Submission on the YELLOWBIKE WEBSITE or in any other services or materials.

11. Monitoring

11.1. We may, but have no obligation to: (a) monitor, evaluate or alter Submissions before or after they appear on the YELLOWBIKE WEBSITE; (b) seek to verify that any or all rights, consents, releases and permissions in or relating to a Submission have been obtained by you in accordance with your representations above; and/or (c) refuse, reject or remove any Submission, in whole or in part, at any time or for any reason (including without limitation if we determine in our sole discretion that all rights, consents, releases and permissions have not been obtained by you despite your representations above). You agree to cooperate with us in our verification and inquiries related to the foregoing. We may disclose any Submissions and the circumstances surrounding their transmission to anyone for any reason or purpose, and in accordance with our Privacy Policy.

11.2. The Company is committed to promoting online courtesy and reducing online content that is unlawful, defamatory, offensive, insulting, disrespectful, malicious, accusatory or objectionable. The Company accordingly reserves the right to modify or delete any Submissions of that nature.

11.3. If you become aware of any unlawful, defamatory, offensive, insulting, disrespectful, malicious, accusatory or objectionable material(s) on the YELLOWBIKE WEBSITE, you can Contact Us with a description of the material(s) at issue and the URL or location of such materials.

11.4. THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY FAILURE TO STORE SUBMISSIONS. YOU SHOULD TAKE MEASURES TO PRESERVE COPIES OF ANY submissions YOU POST ON THE YELLOWBIKE WEBSITE.

12. Intellectual Proprietary Rights

12.1. We, the Affiliates and/or our and their respective licensors and suppliers own the YELLOWBIKE WEBSITE and the information and materials (including without limitation any Company Content) made available on or through the YELLOWBIKE WEBSITE. Such information and materials are protected by copyright, trademark, patent and/or other proprietary rights and laws. Except as expressly authorized in advance by us, you agree not to reproduce, modify, rent, lease, loan, sell, distribute or create derivative works based on all or any part of the YELLOWBIKE WEBSITE or any information or materials (including without limitation any Company Content) made available through the YELLOWBIKE WEBSITE.

12.2. We, the Affiliates and/or our or their respective licensors or suppliers own the trade names, trademarks and service marks on the YELLOWBIKE WEBSITE, including without limitation “YELLOWBIKE”; “GLOBAL FITNESS TECHNICS”. All trademarks and service marks on the YELLOWBIKE WEBSITE not owned by us or the Affiliates are the property of their respective owners. You may not use our trade names, trademarks or service marks in any manner, including any manner that is likely to cause confusion. Nothing contained herein or on the YELLOWBIKE WEBSITE should be construed as granting any license or right to use any trade names, trademarks or service marks without express prior written consent of the owner.

UNAUTHORIZED USE OF THE YELLOWBIKE WEBSITE (INCLUDING WITHOUT LIMITATION ANY SOFTWARE USED TO MAKE THE YELLOWBIKE WEBSITE AVAILABLE) MAY SUBJECT YOU TO MONETARY DAMAGES AND OTHER CIVIL AND CRIMINAL PENALTIES INCLUDING, WITHOUT LIMITATION, FOR COPYRIGHT INFRINGEMENT.

12.3. The material and images contained on the YELLOWBIKE WEBSITE are protected by the copyright and trademark laws of Canada and foreign jurisdictions; unauthorized or improper use of the material, images and files on the YELLOWBIKE WEBSITE may result in violation of those laws.

13. Sweepstakes, Contests, and Similar Promotions

Any sweepstakes, contests, raffles, and other promotions made available through the YELLOWBIKE WEBSITE (“Promotions”) may be governed by specific rules that are separate from this Agreement. By participating in any such Promotion, you agree to become subject to those rules, which may vary from the terms and conditions set forth herein. With respect to any Promotion, in the event of any conflict or inconsistency between the Promotion rules and this Agreement, the Promotion rules shall prevail.

14. Location of YELLOWBIKE WEBSITE Operations

THE COMPANY is domiciled in Canada and operates the YELLOWBIKE WEBSITE from its offices in the province of Quebec, Canada. Any person choosing to access the YELLOWBIKE WEBSITE does so of his/her own free will, and it is his/her responsibility to respect all applicable local legislation.

We may limit the YELLOWBIKE WEBSITE’s availability, in whole or in part, to any person(s), geographic area(s) or jurisdiction(s) we choose, at any time and in our sole discretion.

15. Third Party Applications

15.1. The YELLOWBIKE WEBSITE may provide links to or feeds from other websites and online resources, operate with or include third party software applications and services (or links thereto) that are made available by third party service providers, and/or incorporate certain functionality that allows, via the system or network of which the YELLOWBIKE WEBSITE is a component, the routing and transmission of, and online access to, certain digital communications and content made available by third parties (collectively, “Third Party Applications”). Because we do not operate, control, endorse or guarantee any Third Party Applications and make no warranties of any kind regarding Third Party Applications, you agree that neither we nor the Affiliates, nor our or their respective directors, officers, employees, agents, representatives, licensors or providers, are responsible or liable for any Third Party Applications, including without limitation the performance, accuracy, availability, suitability, safety of information, integrity, quality, content, legality, usefulness, or safety of, or intellectual property rights relating to, Third Party Applications or their use. We have no obligation to monitor Third Party Applications, and we may remove or restrict access to any Third Party Applications (in whole or part) from the YELLOWBIKE WEBSITE at any time. The availability of Third Party Applications on the YELLOWBIKE WEBSITE does not imply our endorsement of, or our affiliation with any provider or host of, such Third Party Applications. Further, your use of Third Party Applications may be governed by additional terms and conditions that are not set forth in this Agreement or in our Privacy Policy (for example, terms and conditions that are made available by the provider(s) of such Third Party Applications themselves in connection with such Third Party Applications) – when you access any Third Party Application, you must carefully read the terms and conditions of use and other policies of such Third Party Application. This Agreement does not apply to any Third Party Application and does not create any legal relationship between you and provider(s) or host(s) of such Third Party Applications, and nothing in this Agreement shall be deemed to be a representation or warranty by us, any Affiliate, or our or their respective directors, officers, employees, agents, representatives, licensors or providers with respect to any Third Party Application.

15.2. YOU AGREE THAT YOUR USE OF ANY THIRD PARTY APPLICATION IS AT YOUR SOLE RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH THIRD PARTY APPLICATION AND WITHOUT WARRANTIES OF ANY KIND BY THE COMPANY. UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ANY OF THE AFFILIATES OR OUR OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS OR PROVIDERS BE LIABLE FOR DAMAGES ARISING FROM ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY APPLICATION OR FOR ANY INFORMATION, CONTENT, SERVICES OR PRODUCTS PROVIDED BY OR THROUGH ANY THIRD PARTY APPLICATION.

15.3. The Company shall have the right, at any time and at its sole discretion, to block links from any Third Party Application to the YELLOWBIKE WEBSITE through technological or other means without prior notice.

16. Disclaimer

16.1. YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE YELLOWBIKE WEBSITE AND ALL GOODS, SERVICES, PRODUCTS, THIRD PARTY APPLICATIONS, INFORMATION AND MATERIALS MADE AVAILABLE THROUGH THE YELLOWBIKE WEBSITE, WHICH ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND WE, THE AFFILIATES, AND OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS AND SERVICE PROVIDERS DISCLAIM ALL STATUTORY AND IMPLIED REPRESENTATIONS, WARRANTIES, TERMS AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY AND NONINFRINGEMENT. THE COMPANY MAKES NO REPRESENTATION OR WARRANTY THAT THE YELLOWBIKE WEBSITE OR ANY GOODS, SERVICES, PRODUCTS, THIRD PARTY APPLICATIONS, INFORMATION, CONTENT, MATERIALS, FUNCTIONS, ADVICE, RESULTS AND SERVICES MADE AVAILABLE THROUGH THE YELLOWBIKE WEBSITE OR OTHERWISE BY THE COMPANY WILL BE ACCURATE, RELIABLE, COMPLETE, OR COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE. ANY RELIANCE ON OR USE OF THE YELLOWBIKE WEBSITE OR ANY GOODS, SERVICES, PRODUCTS, THIRD PARTY APPLICATIONS, INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE YELLOWBIKE WEBSITE SHALL BE AT YOUR SOLE RISK. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO REPRESENTATION OR WARRANTY (A) REGARDING THE STATEMENTS, ACTS OR OMISSIONS OF ANY COMPANY REPRESENTATIVES OR ANY THIRD PARTIES; (B) THAT THE YELLOWBIKE WEBSITE WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO THE YELLOWBIKE WEBSITE WILL BE UNINTERRUPTED OR SECURE; (C) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (D) THAT THE YELLOWBIKE WEBSITE OR THE SERVERS OR NETWORKS THROUGH WHICH THE YELLOWBIKE WEBSITE ARE MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Applicable law may not allow for limitations of certain implied warranties; solely to the extent that such law applies to you, some or all of the above limitations or disclaimers may not apply to you, and you may have additional rights.

16.2. The YELLOWBIKE WEBSITE may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the YELLOWBIKE WEBSITE. If you become aware of any unauthorized third party alteration to the YELLOWBIKE WEBSITE, contact us Here with a description of the material(s) at issue and the URL or location on the YELLOWBIKE WEBSITE of such materials.

17. Limitation of Liability

17.1. IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, MINDBODY, FITMETRIX OR ANY OF OUR OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS OR PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT OR CONTRACTUALLY OR EXTRA-CONTRACTUALLY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, FAULT OR OTHERWISE) OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE PERFORMANCE OF, OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH THE YELLOWBIKE WEBSITE, THE PRODUCTS OR THE SERVICES, NOR FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF SALES, LOSS OF REVENUE, LOSS OR INTERRUPTION OF BUSINESS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE YELLOWBIKE WEBSITE, THE PRODUCTS OR THE SERVICES (INCLUDING WITHOUT LIMITATION IN CONNECTION WITH YOUR USE OR RECEIPT OF ANY THIRD PARTY APPLICATIONS), OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF THE COMPANY OR SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. THE COMPANY IS NOT RESPONSIBLE FOR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS, TRANSMISSIONS OR DATA OR FOR ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED. THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PERSON OR ENTITY (INCLUDING WITHOUT LIMITATION ANY COMPANY REPRESENTATIVE), OR ANY INFRINGEMENT BY A THIRD PARTY OF ANOTHER’S INTELLECTUAL PROPERTY, PRIVACY OR OTHER RIGHTS. IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING FROM OR RELATED TO THIS AGREEMENT, THE YELLOWBIKE WEBSITE, THE PRODUCTS OR THE SERVICES OR YOUR USE OF OR INABILITY TO USE THE YELLOWBIKE WEBSITE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING OR ACCESSING THE YELLOWBIKE WEBSITE AND, WITH RESPECT TO ANY PRODUCT SOLD THROUGH THE YELLOWBIKE WEBSITE OR ANY SERVICES PURCHASED THROUGH THE YELLOWBIKE WEBSITE, THE COMPANY’S TOTAL LIABILITY SHALL NOT EXCEED THE SALE PRICE OF THAT PRODUCT OR THE PRICE OF SUCH MEMBERSHIP.

Applicable law may not allow for exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above exclusions or limitations may not apply to you, and you may have additional rights. For example, in some jurisdictions, a website operator may not exclude or limit liability for personal injury or death directly resulting from the use of such operator’s website or such operator’s negligence.

18. Indemnification

Except to the extent prohibited under applicable law, you will be solely responsible for and agree to defend, indemnify and hold harmless the Company, the Affiliates, and its and their respective directors, officers, employees, agents, representatives, licensors and providers from and against any and all allegations, claims, liabilities, actions, damages, demands, costs and expenses, causes of action, including attorney’s fees, and other proceedings (“Claims”) arising from or related to any of the following: (a) your use of, inability to use, or activities in connection with the YELLOWBIKE WEBSITE; (b) any violation of this Agreement or any other Company terms, conditions or policies by you; (c) any order, Membership or transaction; (d) any Submission or other materials that you make available through the YELLOWBIKE WEBSITE (including without limitation any Claim that such Submission or other materials or the use thereof caused damage to, or infringed or otherwise violated the intellectual property, privacy, or other rights of, any third party) ; or (e) your violation of any rights of any YELLOWBIKE WEBSITE visitor, user, or customer, or any other third party; and you agree to reimburse the Company, the Affiliates and its and their respective directors, officers, employees, agents, representatives, licensors or providers on demand for any damages, losses, costs, judgments, fees, fines and other expenses they incur including attorneys’ fees (and judicial and extra-judicial fees and disbursements) as a result of any such Claim(s).

19. Suspension or Restriction of YELLOWBIKE WEBSITE Access

You agree that the Company, in its sole discretion, may suspend, restrict or terminate your access to or use of the YELLOWBIKE WEBSITE, at any time and for any reason, including without limitation if the Company believes that you have violated or acted inconsistently with the letter or spirit of this Agreement (including without limitation your failure to comply with the rules of conduct set forth in Section 5 above). Upon any such suspension, restriction or termination, your right to use the YELLOWBIKE WEBSITE will immediately cease. You agree that any suspension, restriction or termination of your access to or use of the YELLOWBIKE WEBSITE may be effected without prior notice and that the Company may immediately deactivate or delete any user name and/or password used by or provided to you, and all related information and files associated therewith, and/or bar any further access to such information or files. You agree that the Company shall not be liable to you or any third party for any suspension, restriction or termination of your access to the YELLOWBIKE WEBSITE or to any such information or files, and shall not be required to make such information or files available to you after any such termination, suspension or restriction.

20. Force Majeure

The Company shall not be held responsible for a failure to execute, in whole or in part, any of its obligations towards you, nor for losses or damages that could result from such failure to execute, if said failure is as a result of a force majeure or of any circumstance beyond its control.

21. Governing Law

21.1. This Agreement is governed by the laws of the Province of Quebec and the federal laws of Canada applicable therein without regard to its conflicts of laws principles.

22. Miscellaneous

22.1. If any provision of this Agreement shall be deemed 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.

22.2. This Agreement and the Privacy Policy are binding on you and us and on our respective heirs, legatees, representatives, successors and assigns and, as indicated herein, are for the benefit of the Company, its Affiliates, as well as their respective content and service providers and the directors, officers, employees and agents of each of the foregoing. You may not transfer, assign, charge or otherwise dispose of your rights or obligations under this Agreement or the Privacy Policy without our specific prior written consent, which we may withhold in our sole discretion. We may transfer, assign, charge, sub-contract or otherwise dispose of our rights and obligations under this Agreement or the Privacy Policy at any time.

22.3. No failure of the Company to enforce any of its rights or remedies under this Agreement or the Privacy Policy will act as a waiver of such rights and remedies. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of this Agreement or the Privacy Policy shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the provisions of Section 22.6 (Notices).

22.4. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.

22.5. This Agreement, together with all agreements and statements referred to herein and incorporated herein by reference (including, without limitation, the Privacy Policy), is the entire agreement between you and the Company relating to the subject matter hereof and, except as otherwise provided herein, supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and the Company relating to such subject matter.

22.6. Notices to you may be made by e-mail, or by regular mail at any address you provide to us when placing an order for Products and/or purchasing a Membership, in the Company’s discretion. Without limitation, you agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

22.7. If you have any questions regarding the present Agreement, you can contact us Here or by mail or in person at:

Global Fitness Technics Inc.
1115 Sherbrooke Street O,
Montreal, Quebec H3A 1H3
(514) 845-8229

22.8. Except as expressly set forth herein, nothing in this Agreement is intended to or shall confer on any person (other than the parties and their respective successors or permitted assigns) any rights, remedies, obligations or liabilities.

22.9. The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressément que cette entente ainsi que tous les documents qui s’y rapportent soient rédigés en anglais.

(#2283551-v6)

 

SCHEDULE A
( CONSUMER PROTECTION ACT, S. 199 )
MEMBERSHIP CANCELLATION FORM

To: Global Fitness Technics Inc.
1115 Sherbrooke Street O,
Montreal, Quebec H3A 1H3
(514) 845-8229
contact@yellowbike.ca

 

Date: [INSERT DATE OF SENDING OF THIS FORM]
By virtue of section 204 of the Consumer Protection Act, I cancel my Membership (No [INSERT THE NUMBER OF YOUR MEMBERSHIP, IF INDICATED]) made [INSERT THE MEMBERSHIP DATE] at [INSERT YOUR ADDRESS – note that contracts entered into online are deemed to be entered into at the address of the consumer]

 

 

[INSERT YOUR NAME]

 

[INSERT YOUR SIGNATURE]

 

[INSERT YOUR ADDRESS]

 

 

 

 

SCHEDULE B
( CONSUMER PROTECTION ACT, S. 208 )
product purchase CANCELLATION FORM

To: Global Fitness Technics Inc.
1115 Sherbrooke Street O,
Montreal, Quebec H3A 1H3
(514) 845-8229
contact@yellowbike.ca

 

Date: [INSERT DATE OF SENDING OF THIS FORM]
By virtue of section 209 of the Consumer Protection Act, I cancel my Product Purchase (No [INSERT THE NUMBER OF YOUR PRODUCT PURCHASE, IF INDICATED]) made [INSERT DATE OF PRODUCT PURCHASE] at [INSERT YOUR ADDRESS– note that contracts entered into online are deemed to be entered into at the address of the consumer]

 

[INSERT YOUR NAME]

 

[INSERT YOUR SIGNATURE]

 

[INSERT YOUR ADDRESS]