Engine Room Rowing LLC (also referred to as “we,” “us,” “our” or “Engine Room") operates this website at www.rowenginerm.com (our “website”).
By accessing or using our website and/or purchasing our services and products, you agree to be bound by these terms and conditions (collectively, these “Terms”). These Terms apply to all visitors, users and others who access our website and/or purchase our services or products, and to all use of our website (including any tools or features that may be accessible on or through our website that are not expressly subject to other terms and conditions).
Please read these Terms carefully. These Terms affect your legal rights and obligations. If you do not agree with these Terms, you may not access our website or purchase our services and products. If these Terms are considered an offer, acceptance is expressly limited to these terms and conditions. By agreeing to these Terms, you represent that you are at least the age of majority in your state of residence.
Registration for our rowing programs and services will generally be accepted on a first come basis. We reserve the right to limit registration for these programs and services for any reason and at any time. As part of our registration process (and before participating in any of our rowing sessions), you will be required to sign our form of release and indemnity.
Children under 18 years of age may not register without the involvement of a parent or legal guardian. A parent or legal guardian of a child under 18 years of age participating in any of our rowing programs or services will be required to attend our studio in person to register their child in our programs (and sign our form of consent, release and indemnity). No child under 12 years of age will be permitted to participate in any of our rowing programs. You must be at least 13 years old to use our website.
When you set up an account with us, you will be asked to choose a password. You are responsible for keeping your password secret and secure. You agree not to use the account, username or password of another user at any time or to disclose your password to any third party. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are responsible for any and all activity that occurs through your account.
If you are unable to attend a regular session for any Engine Room program, you may be permitted to schedule a make-up session. You must notify us at least 24 hours before your missed session and schedule in advance a make-up session within the applicable period described in “Duration of our rowing programs” above. Any permitted make-up will be subject to availability. You will not be permitted more than two (2) make-ups for any program. No make-ups will be permitted for any missed make-up session.
We accept MasterCard, Visa and American Express on our website and in person at our studio. Cash payments may be made only in person at our studio. Prices for our programs, products and services are subject to change without notice. Payments for program fees are not transferable. All prices listed on our website are in U.S. dollars.
Requests for refunds must be submitted to us in writing no later than one week before a program begins. No refunds will be given after this date except if you are not medically able to participate, in which case refunds may be given on a pro-rated, case-by-case basis. We may apply a $50 cancellation fee to any refunds.
We reserve the right to reschedule or cancel any programs or sessions at any time without notice. If we cancel and do no reschedule a program or session, we will provide a full refund in the case of a cancelled program or a pro-rated refund in the case of a cancelled session.
Our website is made available to you "as is", "as available" and "with all faults" for your personal use, without any warranties, representations or conditions of any kind.
Our website contains content, including text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like, and trademarks, service marks and logos, owned or licensed by Engine Room ("content"), which is subject to copyright, trademark, patent, trade secret and other intellectual property rights under applicable law.
You agree to not use, reproduce, change, modify, adapt, alter, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit for any purpose whatsoever any content made available on our website without the prior written permission of the respective owners.
You agree to comply with these Terms and all international, federal, provincial or state regulations, rules, laws, or local ordinances applicable to your use of our website and content, including copyright law. You agree to not use our website or content for any illegal or unauthorized purpose. You agree to not change, modify, adapt or alter any part of our website or any of its related technologies. You agree to not transmit any worms, viruses, spyware, malware or any any code of a destructive or disruptive nature.
You are authorized to use our website solely in accordance with these Terms. We reserve all rights not expressly granted in these Terms.
Your violation of any of these Terms or any applicable law may, in our sole discretion, result in an immediate termination of your use of our website and/or cancellation of your account.
Certain content, tools, features, products and services available on or through our website may include content, tools, features, products and services of third parties that are not affiliated with us. In addition, links on our website may direct you to websites operated by third parties that are not affiliated with us. Access to such third-party content, tools, features, products, services or websites (collectively, "third-party materials") is provided to you ”as is”, “as available” and "will all faults" for your personal use, without any warranties, representations or conditions of any kind and without any evaluation or endorsement of the content or accuracy of such third-party materials. We neither monitor nor have any control nor input with respect to such third-party materials. You agree that we have no liability whatsoever arising from or relating to any third-party materials. Please review carefully all third-party policies and practices before you engage in any transaction with any third party.
Our website may from time to time contain typographical errors, inaccuracies or omissions, including with respect to service descriptions, pricing, promotions, offers, dates, times and availability. We reserve the right to correct any such errors, inaccuracies or omissions, and to change or update information or cancel orders in the case of any errors, inaccuracies or omissions, at any time and without prior notice (including after you have submitted your order or your credit card has been charged). If we correct or cancel all or any part of your order after your credit card has been charged, we will refund any applicable amount as a credit to your credit card. We undertake no obligation to update, amend or clarify information on our website or on any other website, including pricing information, except as required by applicable law.
Our services may include certain services that may be available via your mobile phone, including the ability to book and/or purchase our services and products, to receive and reply to our messages, to browse our website and to access certain tools and features (collectively, "mobile services"). Your carrier's normal messaging, data and other rates and fees will apply to these mobile services. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain mobile services may be prohibited or restricted by your carrier, and not all mobile services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the mobile services are available for your devices, and what restrictions, if any, may be applicable to your use of such mobile services. By using mobile services, you agree that we may communicate with you regarding Engine Room and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of mobile services may be communicated to us.
In addition to other prohibitions as set forth in these Terms, you are prohibited from using our website or content:
Your violation of any of these Terms or any applicable law may, in our sole discretion, result in an immediate termination of your use of our website and cancellation of your account.
Our website is hosted by Shopify Inc. Shopify provides us with the online e-commerce platform that allows us to offer our services and products to you. For more information, you should read Shopify's Terms of Service and Privacy Statement.
Our privacy notice applies to your submission of personal information on or through our website. If you link to other websites, please review the privacy policies posted at those sites. You understand that your personal information (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks and devices and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
By submitting an order through our website, you agree to pay in advance the applicable amount, plus any applicable taxes and other fees, for the purchased items. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased. These restrictions may include orders placed by or under the same customer account, the same credit card and/or orders that use the same billing address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email address, billing address and/or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made through our website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. All items purchased at through our website will be processed by third-party service providers, such as your credit card company. The payment terms and any fees payable by you to your credit card company are based on the agreement between you and your credit card company.
If you have an account with us, you can review and update your account information by logging into our website and visiting your account profile page. You may cancel your account with us for any reason at any time by sending a request via email to firstname.lastname@example.org. We may cancel your account (including your use of our website) at any time for any reason and without notice. Following cancellation of your account, these Terms will remain in effect and you will remain liable for all amounts due up to and including the date of termination.
All our services and products made available to you on or through our website, including use of our website and content, or by other means, are made available to you "as is", "as available" and "with all faults" for your personal use. Your use of (or inability to use) our services and products, including our website and content, is at your sole risk.
To the fullest extent permitted by applicable law, each of Engine Room, its affiliates, and its and their respective members, managers, officers, directors, shareholders, partners, employees, lessors, consultants, agents and representatives (collectively, “EngineRm Parties”), disclaims any and all representations, warranties or conditions of any kind, either express or implied, including the warranties of merchantability, merchantable quality, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, durability, system integration and freedom from computer virus.
Without limiting the generality of the foregoing, none of the EngineRm Parties makes any representation or warranty regarding the accuracy or completeness of any content of our website or the content of any sites linked to our website, or assumes any responsibility or liability for (i) any errors or omissions, (ii) any personal injury or death or property damage of any nature whatsoever resulting from your access to and use of our website or from the conduct of any users of our Services, whether online, offline or otherwise, (iii) any unauthorized access to or use of our servers and/or any personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our website, (v) any bugs, viruses, trojan horses or the like which may be transmitted to or through our website by any third party, (vi) any product or service advertised or offered by a third party through our website or any hyperlinked website or featured in any banner or other advertising, including any transaction between you and any third-party provider of products or services, and/or (vii) any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via our website.
We do not guarantee, represent or warrant that services and products made available to you on or through our website (including use of our website) will be uninterrupted, timely, secure or error-free, or that the content available on or through our website will be accurate, complete or reliable.
We reserve the right to modify, suspend or discontinue our website (or any part or content thereof), and any services and products made available to you on or through our website, at any time and without notice. We will not be liable to you or to any third party for any such modification, suspension or discontinuance.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NONE OF THE ENGINE ROOM PARTIES WILL BE LIABLE FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS, EXPENSES AND DAMAGES (“LOSSES”), WHETHER SUCH LOSSES CONSTITUTE DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR SIMILAR DAMAGES) OR OTHERWISE, AND WHETHER SUCH LOSSES ARE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING OUT OF USE OF OUR WEBSITE, PREMISES OR EQUIPMENT OR PROVISION OF ANY OF OUR SERVICES OR PRODUCTS.
You agree to indemnify and hold harmless, to the fullest extent permitted by law, each of the EngineRm Parties from and against all Losses (including reasonable attorney's fees) arising out of your use of our website, your breach of any of these Terms (including any document incorporated by reference), or your violation of any law or the rights of a third party. Your indemnification obligations will survive these Terms and your use of our website.
Your agree that, except as otherwise expressly provided in these Terms, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS (WHETHER OR NOT SUCH DISPUTE OR CLAIM INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH ENGINE ROOM, INCLUDING DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS, OUR WEBSITE AND/OR OUR SERVICES AND PRODUCTS (INCLUDING YOUR VISIT TO OR USE OF OUR WEBSITE OR PREMISES) SHALL BE FINAL AND BINDING INDIVIDUAL ARBITRATION in accordance the American Arbitration Association's rules for arbitration of consumer-related disputes, and each of you and Engine Room expressly waive trial by jury. Nothing in these Terms shall prevent Engine Room from seeking injunctive or other appropriate relief in a court of competent jurisdiction if any person has in any manner infringed upon or violated or threatened to infringe upon or violate our patent, copyright, trademark or trade secret rights or you have otherwise violated any of the user conduct rules set forth above, in which case the parties acknowledge that arbitration is not an adequate remedy at law and that such injunctive or other appropriate relief may be sought.
You can bring claims only on your own behalf. To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF SERVICE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER, and NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED.
You agree that any claim you may have arising out of or related to your relationship with Engine Room must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
These Terms, together with any other separate agreements pursuant to which we may provide our services and products to you, shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any conflicts of law principles that would refer such governance or construction to the laws of another jurisdiction. You agree that the Engine Room website shall deemed to be solely based in New York and that such website shall be deemed a passive website that does not give rise to personal jurisdiction over Engine Room, either specific or general, in jurisdictions other than the State of New York.
These Terms, together with any other separate agreements pursuant to which we may provide programs, products and services to you (which may include any policies or operating rules posted by us on our website), constitute the entire agreement and understanding between you and us regarding our services and products, including your use of our website, and supersede any prior or contemporaneous agreements and communications, whether oral or written, between you and us regarding such matters (including any prior versions of these Terms). These Terms, and any rights, licenses and obligations hereunder, may not be assigned, delegated or otherwise transferred by you, in whole or in part, whether by operation of law or otherwise, without our prior written consent. Any purported assignment, delegation or transfer by you without our prior written consent will be null and void. We may assign these Terms or any rights hereunder without your consent. If any provision of these Terms is determined to be invalid and unenforceable under applicable law, such provision shall nonetheless be valid and enforceable to the fullest extent permitted by applicable law and the invalid and unenforceable portion shall be deemed to be severed from these Terms, and such determination shall not affect the validity and enforceability of the remaining provisions of these Terms, which shall remain in full force and effect. Neither course of conduct between the parties nor trade practice will act to modify these Terms. Headings used in these Terms are included for convenience only and will not limit or otherwise affect our terms and conditions. Any ambiguities in the interpretation of these Terms will not be construed against the drafting party. For purposes of these Terms, the word "including" will be deemed to be followed immediately by the word "with limitation" or "but not limited to". These Terms do not confer any third-party beneficiary rights.
The Engine Room name and logo are trademarks of Engine Room Rowing LLC. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of EngineRm. The Engine Room name, logo, page headers, custom graphics, button icons and scripts may not be copied, imitated or used, in whole or part, without the prior written permission of Engine Room.
If at any time any comments, ideas, feedback, plans, proposals, questions, suggestions or other information about our website or our services or products are submitted by you to Engine Room, whether pursuant to a specific request from us (including, for example, contest entries) or otherwise, whether on or through our website or by other means (“submissions”), you agree that such submissions are not confidential and shall become the sole property of Engine Room (and we may, at any time, without restriction, use, reproduce, change, modify, adapt, alter, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit them in any medium) without any obligation to pay compensation to you or any third party. You agree that any submissions you make will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that any submissions you make will not contain libelous or otherwise unlawful, abusive, obscene, offensive, threatening, defamatory or objectionable material, or contain any computer virus or other malware that could in any way affect the operation of our website or any related website. You may not use a false email address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any submissions. You are solely responsible for any submissions you make and their accuracy. We take no responsibility and assume no liability for any submissions posted by you or any third-party. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are libelous, unlawful, abusive, obscene, offensive, threatening, defamatory or otherwise objectionable or violates any person's intellectual property rights or these Terms.You agree that any photographs taken at our facilities, whether during a program or session or at any other time, may be used for promotional purposes. Participants waive the right to inspect and/or approve any photographs.
We reserve the right to modify or update these Terms at any time in our sole discretion, so it is advisable to review these Terms frequently. Your continued use of our website or maintenance of an account with us after any modification or update of these Terms will constitute your acceptance of such modification or update.
If you have any questions about these Terms, please contact us at:
Engine Room Rowing LLC
11 West 67th Street
New York, NY 10023
Effective date: December 11, 2019.