Terms and Conditions
Last updated: August 3, 2023
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THESE TERMS AND CONDITIONS (“TERMS”) CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ THEM CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. YOU HAVE THE RIGHT TO OPT OUT. SEE SECTION 21 BELOW.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES (AS DEFINED BELOW), OR BY USING ECHELON’S SITE OR ITS PRODUCTS OR SERVICES, YOU ACCEPT AND ARE BOUND BY THESE TERMS. IF YOU PURCHASE ONLY PHYSICAL PRODUCTS, YOU MAY OPT OUT OF THESE TERMS BY RETURNING THE PRODUCT ACCORDING TO THE RETURN POLICY. SEE SECTION 12 BELOW.
YOU MAY NOT USE, ORDER, OR OBTAIN PRODUCTS OR SERVICES IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THE WEBSITE, APPS, OR ANY OF THEIR CONTENTS, GOODS, OR SERVICES BY APPLICABLE LAW.
NOTICE TO PARENTS AND/OR GUARDIANS: You are responsible for monitoring and supervising your child's use of the Products and Services. If your child is using the Products or Services without your express consent and is under the age of eighteen (18), please contact us immediately so that we can disable his or her access. No child under the age of thirteen (13) may use the Products and Services. Please keep all children under the age of thirteen (13) away from the Products.
IMPORTANT WARNING: Children under the age of thirteen (13) and all animals should be kept away from the Products.
The Echelon Products and Services promote physical activity. Consider the risks involved and consult with your physician or a medical professional before engaging in any physical activity. THIS IS PARTICULARLY TRUE IF YOU OR YOUR FAMILY HAVE A HISTORY OF HIGH BLOOD PRESSURE, HEART DISEASE, OR OTHER MEDICAL CONDITION THAT MAY BE IMPACTED BY A CHANGE TO DIET OR EXERCISE, OR IF YOU HAVE EVER EXPERIENCED DISCOMFORT WHILE EXERCISING. NOTHING STATED OR POSTED ON THE SITE OR SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR PROFESSIONAL ADVICE OR CARE. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. Echelon is not responsible or liable for any injuries or damages you may sustain that result from any activities on Echelon products or promoted through Echelon’s Site, Products or Services.
These Terms apply to the use, purchase, and sale of Echelon products (the “Products”) and services (“Services”) through echelonfit.com and through any mobile, desktop, or device applications,including iOS and Android applications (each an “App,” or together, the “Apps”)) (collectively, the "Site"), in addition to any other terms and conditions that may be applicable to any such transaction as provided in the Site or other agreement between you and Echelon Fitness Multimedia, LLC, its affiliates, subsidiaries, successors, or assigns (collectively referred to as “Echelon”, "us", "we", or "our" as the context may require). Subject to the terms in Section 1 below, these Terms are subject to change by Echelon without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on the Site, and you should review these Terms before using or purchasing any Products or Services that are available through the Site. Your continued use of the Site, Products, or Services after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
The Services and the content provided by Echelon are available for users of various skill levels, for a variety of activities, and for varying durations. Content may not always be available and is subject to change at any time, with or without notice, and without any liability to you. Certain content is intended for informational purposes only and should not be considered medical or healthcare advice.
Prior to using the Products or Services, it is important for you to know and understand that by accessing and/or using the Services through any means, you are agreeing to accept certain liability limitations and legal and health disclaimers, which we further explain throughout these Terms. In other words, your use of the Products and Services is at your own risk, and we do not assume any liability, or make any warranties of any kind, express or implied, with respect to the Products and Services (except as contained herein), or your access and use of the Products and Services. If you have any questions or concerns regarding the terms or conditions contained herein, please email us at firstname.lastname@example.org.
1. ECHELON SUBSCRIPTION, AUTOMATIC RENEWAL, PRICES AND PAYMENT TERMS, PRICE AND OTHER CHANGES, CANCELLATION, AND ADD-ON SERVICES.
(A) AUTOMATIC RENEWAL. YOUR ECHELON SUBSCRIPTION (INCLUDING ANY FITPASS SUBSCRIPTION) AUTOMATICALLY RENEWS AND WILL CONTINUE UNTIL CANCELLED. YOU WILL BE CHARGED DIRECTLY BY ECHELON OR THROUGH YOUR ITUNES OR GOOGLE PLAY STORE ACCOUNT IF YOU MADE YOUR PURCHASE THROUGH ITUNES OR THE GOOGLE PLAY STORE, RESPECTIVELY. SEE OUR MEMBERSHIP PAGE FOR PRICING INFORMATION. ANY UNUSED PORTION OF ANY FREE TRIAL WILL BE FORFEITED WHEN THE TRIAL ENDS AND SUBSCRIPTION IS PURCHASED. FOR ANNUAL OR BI-ANNUAL SUBSCRIPTIONS, WE WILL SEND YOU A NOTICE OF RENEWAL.
(B) PRICES AND PAYMENT TERMS. UNLESS YOU HAVE SELECTED A FREE VERSION OF A SERVICE, THE SERVICES ARE PAID, AUTO-RENEWING SUBSCRIPTION SERVICES. YOU WILL BE CHARGED THE STATED SUBSCRIPTION AMOUNT FOR THE SUBSCRIPTION PERIOD UPON COMPLETION OF YOUR REGISTRATION AND SUBMISSION OF YOUR PAYMENT INFORMATION UNLESS YOUR MEMBERSHIP INCLUDES A FREE TRIAL PERIOD. IF YOU ACCEPTED AN OFFER WITH A FREE TRIAL FOR ACCESS TO THE SITE OR THE APP, YOUR MEMBERSHIP BEGINS WHEN YOU HAVE COMPLETED THE FREE TRIAL SIGN-UP PROCESS (I.E., WHEN WE COLLECT YOUR PERSONAL AND PAYMENT INFORMATION). AT THE END OF YOUR FREE TRIAL, YOU WILL BEGIN TO BE BILLED AUTOMATICALLY ACCORDING TO THE MEMBERSHIP TERM YOU HAVE SELECTED. IF YOU CANCEL YOUR FREE TRIAL MEMBERSHIP AT ANY TIME DURING THE FREE TRIAL PERIOD, YOU WILL NOT BE CHARGED.
IF YOU HAVE SELECTED A MONTHLY MEMBERSHIP, WE WILL BILL YOU AUTOMATICALLY EACH MONTH (ABOUT EVERY 30 DAYS) UNTIL YOU CANCEL. IF YOU HAVE SELECTED AN ANNUAL MEMBERSHIP, WE WILL BILL YOU AUTOMATICALLY EVERY 365 DAYS UNTIL YOU CANCEL. IF YOU HAVE SELECTED A TWO-YEAR MEMBERSHIP, WE WILL BILL YOU AUTOMATICALLY EVERY 730 DAYS UNTIL YOU CANCEL. ONCE WE BEGIN TO BILL YOU, CANCELLATIONS TAKE EFFECT STARTING AT THE END OF YOUR CURRENT BILLING PERIOD, MEANING THERE ARE NO PARTIAL MONTH REFUNDS OR CREDITS.
YOU ARE AGREEING THAT UPON EXPIRATION OF THE INITIAL SUBSCRIPTION OR FREE TRIAL PERIOD, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR SUCCESSIVE PERIODS, AS DESCRIBED ABOVE. YOU AGREE TO AUTOMATIC (RECURRING) BILLING AND AGREE TO PAY THE CHARGES MADE TO YOUR ACCOUNT IN CONNECTION THEREWITH. WE WILL PROCESS PAYMENT FOR ANY RENEWAL SUBSCRIPTIONS USING THE SAME BILLING CYCLE AS YOUR CURRENT SUBSCRIPTION. YOUR SUBSCRIPTION AND THE RECURRING BILLING OF YOUR ACCOUNT WILL CONTINUE INDEFINITELY UNTIL CANCELLED BY YOU. EVEN IF YOU DO NOT USE THE SUBSCRIPTION OR ACCESS THE SERVICES, YOU WILL BE RESPONSIBLE FOR ANY SUBSCRIPTION FEES UNTIL YOU CANCEL YOUR SUBSCRIPTION OR IT IS OTHERWISE TERMINATED.
(C) PRICE AND OTHER CHANGES. SUBSCRIPTION FEES MAY CHANGE AT ANY TIME, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. PRICE CHANGES TO YOUR SUBSCRIPTION SHALL APPLY AFTER WE PROVIDE REASONABLE ADVANCE NOTICE TO YOU. PRICE DECREASES TO YOUR SUBSCRIPTION MAY OCCUR UPON NOTICE. ANY OTHER MATERIAL CHANGES TO YOUR SUBSCRIPTION SHALL APPLY AFTER WE PROVIDE REASONABLE ADVANCE NOTICE TO YOU.
(D) CANCELLATION. IF YOU ARE USING THE SERVICES OR THE SITE AND YOU DO NOT WISH FOR YOUR ACCOUNT TO RENEW AUTOMATICALLY, OR IF YOU WANT TO CHANGE OR TERMINATE YOUR SUBSCRIPTION, PLEASE CALL CUSTOMER SERVICE AT (423) 482-8830, OR LOG INTO YOUR ACCOUNT, CLICK ON THE FOLLOWING LINK, OR TYPE IN THE FOLLOWING ADDRESS INTO YOUR WEB BROWSER WHILE YOU ARE STILL LOGGED IN: MEMBER.ECHELONFIT.COM. YOUR CANCELLATION WILL TAKE EFFECT STARTING AT THE END OF YOUR CURRENT BILLING PERIOD. FROM THE ACCOUNT PAGE, SIMPLY FOLLOW THESE STEPS: SCROLL DOWN TO YOUR SUBSCRIPTION, CLICK CANCEL, AND FOLLOW THE WORKFLOW INSTRUCTIONS TO COMPLETE YOUR CANCELLATION REQUEST.
IF YOU HAVE A MONTHLY SUBSCRIPTION THAT BEGAN ON THE FIRST OF THE MONTH BUT CANCEL MID-MONTH, YOUR CANCELLATION WILL TAKE EFFECT AS OF THE BEGINNING OF THE FOLLOWING MONTH. THERE ARE NO REFUNDS ON ECHELON SUBSCRIPTIONS FOR BILLING PERIODS THAT HAVE ALREADY LAPSED. IF YOU HAVE AN ANNUAL OR TWO-YEAR MEMBERSHIP, YOUR CANCELLATION WILL BE EFFECTIVE AT YOUR NEXT SCHEDULED AUTO-RENEWAL. AFTER AN AUTO-RENEWAL OF YOUR ANNUAL OR TWO-YEAR MEMBERSHIP, YOU MAY CANCEL YOUR SUBSCRIPTION WITHIN THIRTY (30) DAYS FOLLOWING THE AUTO-RENEWAL AND RECEIVE A FULL REFUND. THEREAFTER, NO REFUNDS WILL BE AVAILABLE. PROVIDED THAT, IF YOU PURCHASED AN ANNUAL OR TWO-YEAR MEMBERSHIP WITH A NEW PRODUCT OR EQUIPMENT AND YOU RETURN THE PRODUCT OR EQUIPMENT WITHIN NINETY (90) DAYS OF ITS DELIVERY, YOU MAY CANCEL YOUR ANNUAL OR TWO-YEAR SUBSCRIPTION AT THE TIME OF THE RETURN AND RECEIVE A PRORATED REFUND OF YOUR ANNUAL OR TWO-YEAR MEMBERSHIP FEE, BUT THE COSTS FOR SHIPPING AND DELIVERY OF YOUR PRODUCT OR EQUIPMENT WILL ALSO BE DEDUCTED FROM SUCH PRORATED REFUND AMOUNT.
IF YOU ARE ACCESSING THE SERVICES OR THE SITE THROUGH AN APPLICATION (INCLUDING A MOBILE APPLICATION), CANCELLATION, UNINSTALL, AND REMOVAL METHODS VARY DEPENDING ON YOUR DEVICE OR THE MARKETPLACE THROUGH WHICH YOU PURCHASED OR DOWNLOADED THE APPLICATION. TO UNINSTALL AND REMOVE AN ECHELON MOBILE APPLICATION, PLEASE USE THE APPLICATION MANAGER PROVIDED WITH YOUR DEVICE OR CONSULT YOUR DEVICE MANUAL FOR REFERENCE. ADDITIONALLY, IF YOU PURCHASED ACCESS OR DOWNLOADED APPLICATIONS THROUGH A THIRD-PARTY MARKETPLACE, CANCELLATION AND REFUNDS MAY BE GOVERNED BY SUCH THIRD-PARTY’S CANCELLATION AND PAYMENT POLICIES. IF YOU PURCHASED YOUR SUBSCRIPTION THROUGH ITUNES, YOU CAN CANCEL ANYTIME BY TURNING OFF AUTO-RENEWAL THROUGH YOUR ITUNES ACCOUNT SETTINGS. THIS MUST BE DONE 24 HOURS BEFORE THE END OF A FREE TRIAL OR SUBSCRIPTION PERIOD TO AVOID BEING CHARGED. THE CANCELLATION WILL TAKE EFFECT THE DAY AFTER THE LAST DAY OF THE CURRENT SUBSCRIPTION PERIOD, AND YOU WILL BE DOWNGRADED TO THE FREE SERVICE.
(E) ADD-ON SERVICES. WE REFER TO ANY ADDITIONAL, PAID SUBSCRIPTION SERVICES WE OFFER BEYOND THE SITE AND SERVICES AS AN “ADD-ON SERVICE.” FOR EXAMPLE, OUR PERSONALIZED COACHING SERVICE IS AN ADD-ON SERVICE. EACH ADD-ON SERVICE IS A SEPARATE SUBSCRIPTION SERVICE AND IS SUBJECT TO AN ADDITIONAL FEE THAT AUTOMATICALLY RENEWS JUST LIKE YOUR REGULAR SUBSCRIPTION.
2. License for Services.
Subject to your compliance with these Terms and solely for so long as you are permitted by us to access and use the Services, Echelon grants you a limited, non-transferable, non-exclusive, revocable right and license to access and use the Services for your own personal, non-commercial purposes, a right which may not be assigned or sublicensed to anyone. Any other use is strictly prohibited. You may not use the Services in connection with any commercial endeavors, such as (i) advertising or soliciting any user to buy or sell any products or services; or (ii) for commercial purposes. Users of the Services may not use any information obtained from the Services to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the Services or the Site for any purpose unless expressly authorized by Echelon. We may, in our sole discretion, refuse to offer the Services to any person or entity, or change the eligibility criteria at any time. This license will remain in effect unless you violate these Terms, or this license is terminated by you or Echelon. You agree not to copy, reproduce, redistribute, sell, transfer, create derivative works from, modify, decompile, reverse engineer, or disassemble any Service. If Echelon terminates your Account because you have breached the Terms, you may not be entitled to a refund of any unused credits, classes, or Membership, unless otherwise required by law. Echelon reserves the right to discontinue any aspect of the Site at any time. Echelon may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Site or the Services.
3. Your Account.
To access the Services, you will need to establish an Account (your “Account”). You may not use someone else’s name or post, upload, or submit any content that violates any third-party rights, is against the law, or that is offensive, obscene, or otherwise objectionable in Echelon’s sole discretion. Echelon may, in Echelon’s sole discretion, suspend, disable, or delete your Account (or any part thereof) or block or remove any content that you submit, for any lawful reason, including if Echelon determines that you have violated these Terms or that your conduct or content may damage Echelon’s reputation or goodwill. You are responsible for all activity that occurs under your Account, including any activity by unauthorized users. You may not allow others to use your Account or share your Account with others except as otherwise provided herein. You agree to notify Echelon immediately if you suspect any unauthorized use of your Account, access to your password, or any other breach of security. In the event your Account is for any reason shared with or used by anyone other than you, you shall be responsible for informing any such user of these Terms and ensuring compliance with the same. You are solely responsible for any and all use of your Account and although Echelon will not be liable for your losses caused by any unauthorized use of your Account or use by anyone other than you, you may be liable for the losses of Echelon or others due to such uses. You agree that Echelon, in its sole discretion, may terminate or suspend your use of the Site and Services at any time and for any or no reason in its sole discretion, even if access and use continues to be allowed to others. Upon such suspension or termination, you must immediately discontinue use of the Site and Services. Accessing the Site or Services after such termination, suspension or discontinuation shall constitute an act of trespass. Further, you agree that Echelon shall not be liable to you or any third party for any termination or suspension of your access to the Site or the Services.
You may delete your Account at any time. We reserve the right, but are under no obligation, to delete an Account from the Services that remains inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months, or immediately when payment expires, is withdrawn, or otherwise ceases. Echelon may suspend, disable, or delete your Account (or any part thereof) or block or remove any information or content you submitted if Echelon determines that you have violated any provision of these Terms or that your conduct or content would tend to damage Echelon's reputation or goodwill. If Echelon deletes your Account or any information or content you have submitted for the foregoing reasons, you may not re-register for the Services. Echelon may block your email address and Internet Protocol address to prevent further registration and/or submission of information and content. Echelon is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your Account. After your Account is terminated for any reason, these Terms survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied. Upon termination, all licenses granted by Echelon will terminate. In the event of Account deletion for any reason, information and content that you submitted may no longer be available. Echelon shall not be responsible for the loss of such information or content.
4. Medical Disclaimer.
YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL BEFORE UTILIZING ANY PRODUCT, STARTING ANY SERVICES OR ENGAGING IN ANY OTHER EXERCISE OR WEIGHT LOSS PROGRAM TO DETERMINE IF IT IS RIGHT FOR YOUR NEEDS. THIS IS PARTICULARLY TRUE IF YOU OR YOUR FAMILY HAVE A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, HAVE EVER EXPERIENCED CHEST PAIN WHEN EXERCISING, HAVE HIGH CHOLESTEROL, HAVE A BONE OR JOINT PROBLEM, HAVE ANY OTHER MEDICAL CONDITION THAT COULD BE MADE WORSE BY A CHANGE IN PHYSICAL ACTIVITY OR DIET, OR IF YOU SMOKE. DO NOT USE THE ECHELON PRODUCTS OR SERVICES IF YOUR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST DOING SO. IF YOU EXPERIENCE FAINTNESS, DIZZINESS, PAIN, OR SHORTNESS OF BREATH AT ANY TIME WHILE EXERCISING OR FASTING, YOU SHOULD STOP IMMEDIATELY. TO THE EXTENT THAT THE PRODUCTS OR SERVICES OFFER GENERAL HEALTH AND FITNESS INFORMATION, THE PRODUCTS AND SERVICES ARE DESIGNED FOR INFORMATIONAL PURPOSES ONLY. NOTHING STATED OR POSTED ON THE ECHELON SITE OR AVAILABLE THROUGH ANY ECHELON PRODUCTS OR SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL, PROFESSIONAL OR COUNSELING CARE. FOR PURPOSES OF THESE TERMS, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH OR NUTRITION CARE, TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS, OR ADVICE. YOU SHOULD NOT RELY ON ANY INFORMATION PROVIDED IN CONNECTION WITH ANY PRODUCTS OR SERVICES AS A SUBSTITUTE FOR, NOR AS A REPLACEMENT FOR, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL. DO NOT EVER DISREGARD, AVOID, OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SERVICES OR IN CONNECTION WITH ANY PRODUCTS. THE USE OF ANY INFORMATION PROVIDED ON THE SERVICES OR IN CONNECTION WITH ANY PRODUCTS IS SOLELY AT YOUR OWN RISK.
IF YOU ARE IN THE UNITED STATES AND THINK YOU ARE HAVING A MEDICAL OR HEALTH EMERGENCY, CALL YOUR HEALTH CARE PROFESSIONAL, OR 911, IMMEDIATELY.
THE SERVICES AND PRODUCTS ARE CONTINUALLY UNDER DEVELOPMENT AND ECHELON MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO INFORMATION PROVIDED IN CONNECTION WITH ANY SERVICES OR PRODUCTS WITH RESPECT TO ITS ACCURACY, COMPLETENESS, OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT GENERAL HEALTH, FITNESS, AND ADVICE. NO ASSURANCE CAN BE GIVEN THAT THE INFORMATION CONTAINED ON THE SITE WILL ALWAYS INCLUDE THE MOST RECENT DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
5. Location of Use and Fitness Class Participation Waiver.
You further acknowledge that your use of the Products and Services and your participation in fitness classes via the Services involves strength, flexibility, aerobic, cardio, and other exercises which can be potentially hazardous activities. You accept full responsibility over the location where you engage in fitness classes through or in connection with the Services, you acknowledge that Echelon has no control over the location that you choose to utilize the Products and Services, and you acknowledge that the location of participation in fitness activities involves additional risks, including, but not limited to, those caused by terrain, facilities, temperature, weather, environment, vehicular traffic, lack of hydration, and actions of other people. By using the Products and Services, you: (i) acknowledge and agree that you are doing so voluntarily and are voluntarily participating in any fitness classes provided via the Services; (ii) hereby assume and accept any and all risks of injury, physical harm, or death related to (a) the location where you use the Products, (b) your participation in fitness classes, and (c) your use of the Products; (iii) acknowledge and represent that you are physically sound and do not suffer from any illness, impairment, disease or other condition that would prevent you from participating in the fitness classes, performing any exercises, or using any Products or equipment; and (iv) knowingly and voluntarily, on behalf of yourself and your heirs and assigns, forever waive, release, discharge, and hold harmless Echelon and its subsidiaries and affiliates, and each of their respective officers, directors, employees, agents, representatives, and each of their respective successors and assigns, individually and collectively, from any and all liability, damages, losses, suits, demands, causes of action (including, without limitation, negligence) or other claims of any nature whatsoever, including, without limitation, any losses for property damage, personal injury, or death, arising out of or relating in any way to the location in which you use the Products and Services and your participation in the fitness classes provided via the Services and/or the Products.
6. User Representations and Warranties.
In using the Products and/or Services, you affirm that either (A) all of the following statements are true: (i) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician; (ii) you have never felt chest pain when engaging in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past several months; (iv) you have never lost your balance because of dizziness and you have never lost consciousness; (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (vi) your physician is not currently prescribing drugs for your blood pressure or heart condition; (vii) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and (viii) you do not know of any other reason you should not exercise or, if applicable, engage in intermittent fasting, including without limitation pregnancy; or (B) your physician has specifically approved of your use of the Services.
7. Community Guidelines.
(a) Echelon offers you the ability to submit or post User Content through certain of its Services, including through social features available within certain of our mobile applications, provided such submission or transmission of User Content is in strict compliance with these terms. For the purposes of these Terms, “User Content” means video, images, text, comments, app store reviews (including the public-facing username as it appears with the review), audio recordings, and other content, that you upload, post, or transmit (collectively “submit”) to the Services, the Site, or any Echelon social media page, or by providing an app review through a third-party service. Echelon gives you the ability to submit User Content in order to create a community experience where our users can encourage, support and motivate one other. You agree to be respectful and courteous to the members of this group. If you notice any User Content that you believe to be in violation of these Terms, or spam, report it to the administrators at email@example.com.
(b) You may not submit any User Content that: (a) infringes any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.); (b) contains sexually explicit content or pornography (provided, however, that non-sexual nudity is permitted); (c) contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group; (d) advocates harassment or intimidation of another person; (e) exploits minors; (f) depicts unlawful acts or extreme violence; (g) contains video, audio, photographs, or images of another person without his or her permission (or in the case of a minor, the minor's legal guardian); (h) depicts animal cruelty or extreme violence towards animals; or (i) contains viruses, time bombs, trojan horses, cancelbots, worms, or other harmful or disruptive codes, components, or devices. We do not, and cannot, pre-screen or monitor all User Content. However, Echelon has the right,but not the obligation, to monitor your conduct and User Content submission on our Services and Site, and you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning your submission of any User Content. We have the right, but not the obligation, in our sole discretion, to edit, refuse to post, remove, disallow, block, or delete any User Content. Under no circumstances will Echelon be liable for any of your User Content.
(c) You shall be solely responsible for any User Content submitted through your Account. We may access, preserve, or disclose any of your information or User Content (including without limitation chat text) if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against us or to comply with legal process (for example, subpoenas or warrants), including those issued by courts having jurisdiction over us or you; (ii) enforce or administer our agreements with users, such as these Terms; (iii) for fraud prevention, risk assessment, investigation, customer support, providing the app services or engineering support; (iv) protect the rights, property or safety of Echelon, its users, or members of the public; or (v) to report a crime or other offensive behavior. Echelon may also act to remove Objectionable Content (as defined below). The decision to remove Objectionable Content shall be made at Echelon's sole discretion. "Objectionable Content" includes, but is not limited to: (1) User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, or libelous; (2) User Content that is hateful or advocates for hate crimes, harm, or violence against a person or group; (3) User Content that may harm minors in any way; (4) User Content that has the goal or effect of "stalking" or otherwise harassing another; (5) private information about any individual, such as phone numbers, addresses, Social Security numbers, or any other information that is invasive of another's privacy; (6) User Content that is vulgar, offensive, obscene, or pornographic; (7) unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; or (8) material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software,hardware, or telecommunications equipment.
(d) Echelon may provide opportunities for you to submit User Content through social features on its Site, through its mobile applications or through any other means, which are intended to foster and constitute one or more community-based venues for Echelon users to chat, interact, motivate, and support one another. As between you and Echelon, you own all User Content that you submit to the Services, whether directly via the Services or indirectly (for example, via Facebook or Twitter). It is important, however, that you understand that by posting User Content to Echelon Services, the Site,to Echelon’s social media pages, or by providing an app review through a third party service, you are granting Echelon and its affiliates a worldwide, perpetual, irrevocable, nonexclusive, sub-licensable (through multiple tiers) royalty-free license and right to use, copy, transmit, distribute, publicly perform, and display (through all media now known or hereafter created), and make derivative works from your User Content (including without limitation, your name and likeness, photographs, testimonials, and app reviews) for any purpose whatsoever, commercial or otherwise, without compensation to you. In addition, you waive any so-called "moral rights" or "performance rights" in your User Content. If you prefer that we do not use your app reviews for promotional purposes, please contact firstname.lastname@example.org. You further grant all users of the Services permission to view your User Content for their personal, non-commercial purposes. If you make suggestions concerning improving or adding new features to the Services or Products, Echelon shall have the right to use your suggestions without any compensation to you. For each piece of User Content that you submit, you represent and warrant that: (i) you have the right to submit the User Content and grant the licenses set forth above; (ii) Echelon will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the User Content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) the User Content complies with these Terms and all applicable laws.
8. Third Party Content and Services.
The Site may contain links to third party websites that are not owned or controlled by Echelon. Echelon has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites, including privacy and data gathering practices. In addition, Echelon will not and cannot censor or edit the content of any third-party site. By using the Site, you expressly relieve and release Echelon from any and all liability arising from your use of any third-party website.
9. Sale of Products, Order Acceptance, and Cancellation.
You agree that your order is an offer to buy, under these Terms, all Products and Services listed in your order. Availability of Products and Services cannot be guaranteed. Except as indicated in Section 1 above, Products, Services, and other information provided are subject to change without notice. Items depicted are for illustration only and are subject to change. Errors will be corrected where discovered, and we reserve the right to revoke any errors or omissions. All orders must be accepted by us or we will not be obligated to sell the Products or Services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Echelon Fitness Multimedia, LLC and you will not take place unless and until you have received your order confirmation email.
10. Prices and Payment Terms.
(a) The price charged for a Product or Service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Except as provided in Section 1 above, all prices posted on the Site and/or Services are subject to change without notice. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
(b) Terms of payment are within our sole discretion, and, unless otherwise agreed by us at the time of purchase, payment must be received by us before our acceptance of an order. You represent and warrant that (i) the debit or credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such debit or credit card for the purchase, (iii) charges incurred by you will be honored by your debit or credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
(c) If you provide a payment method and our charge results in an overdraft, chargeback or other fee from your bank, you alone are responsible for that fee.
11. Shipments; Delivery; Title and Risk of Loss.
(a) We will arrange for shipment of the Products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.
(b) Title and risk of loss pass to you upon our transfer of the Products to the carrier/delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
12. Returns and Refunds.
Every Product is satisfaction guaranteed and may be returned within 30 days of delivery date as long as it is in brand new condition (including but not limited to scratches or dents), and it also must be returned in the original box with the user manual and all electronic components. The customer is responsible for shipping the Products back to Echelon. You bear the risk of loss during shipment. Returns of all Fitness Products incur a $100.00 restocking fee that will be deducted from any refund paid. Returns of all Fitness Products that initially received free shipping will incur an additional $100.00 return fee. Refunds will be made in the form of the original payment. Any credit for gift returns will be issued to the original purchaser. All returns must be in original, sellable condition and include the original packaging with all tags attached. Only items purchased from echelonfit.com can be accepted for return. All returns require an authorization number. Please email us to initiate your return at email@example.com. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED AS NON-RETURNABLE.
13. DISCLAIMERS AND LIMITED WARRANTY.
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
THIS LIMITED WARRANTY CAN ALSO BE FOUND IN THE DOCUMENTATION WE PROVIDE WITH THE PRODUCTS AND AT THE FOLLOWING LINK: https://echelonfit.com/pages/echelon-warranty-terms-conditions.
WE WARRANT THAT DURING THE WARRANTY PERIOD, THE PRODUCTS PURCHASED DIRECTLY FROM ECHELON WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP DURING THE APPLICABLE WARRANTY PERIOD AS FOLLOWS:
One (1) year on all equipment
Five (5) years on crank arms and treadmill motor
Ten (10) years on frames
Note: “Frame” is defined as the skeleton of the product - the non-moving parts and metal weldment, including axle. The crank bearings and other moving parts are not considered part of the Frame.
We provide the Services without warranty on an “AS IS” and “AS AVAILABLE” basis. You therefore use the Services at your own risk.
TO THE FULLEST EXTENT PERMITTED BY LAW, ECHELON, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PRODUCTS, SERVICES, AND THE SITE AND YOUR USE THEREOF. ECHELON MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE,ITS CONTENT, OR THE CONTENT OF ANY SITES LINKED TO THE ECHELON SITE, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (2) PERSONAL INJURY OR DEATH OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR FROM THE CONDUCT OF ANY USERS OF THE SERVICES; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE; AND (6) FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT MADE AVAILABLE VIA THE SITE.
We expressly disclaim any and all warranties of any kind, whether express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, quiet enjoyment, and any other warranty that might arise under any law. Without limiting the foregoing, Echelon makes no representations or warranties(1) that the Products or Services are, or that any particular fitness or weight-loss program is, suitable for you; (2) regarding the adequacy or safety of the Services for any particular user; (3) that the products or Services will meet your personal needs; (4) that the products or Services will be permitted in your jurisdiction; (5) that the Services will be uninterrupted or error-free; (6) concerning any content submitted by any member; (7) concerning any third party’s use of content that you submit; (8) that Echelon will continue to support any particular feature of any Services; or (9) concerning sites and resources outside of the Services, even if linked to/from the Echelon Services.
Echelon reserves the right to modify the Services. Echelon shall not be responsible for providing access (e.g., computer, mobile device, Internet connection, etc.) to the Services. Echelon has no obligation to screen or monitor any content and does not guarantee that any content made available on the Services complies with these Terms or is suitable for all users. Echelon shall not be responsible for loss or corruption of data, and you hereby waive all claims with respect to damage to your computer system, internet access, download, or display device. To the extent that a secondary party may have access to or view Echelon content on your computer or mobile device, you are solely responsible for informing such party of all provisions, terms, disclaimers, and warnings contained in these Terms. To the extent any disclaimer or limitation of liability in these Terms does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Services, and no warranties shall apply after such period. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR, REPLACEMENT, OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT, OR ADVICE PROVIDED BY US OR ANY OF OUR SUPPLIERS, AGENTS, OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.
(a) Who May Use This Warranty?
This limited warranty extends only to the original purchaser of Products and Services from Echelon or new Products purchased from an authorized Echelon retailer. It does not extend to any subsequent or other owner or transferee of any Product or any transferee or other beneficiary of any Service.
(b) What Does This Warranty Cover?
This limited warranty covers defects in materials and workmanship in equipment and parts as indicated above.
(c) What Does This Warranty Not Cover?
This limited warranty does not cover any damages due to:
failure to follow the product instructions or to perform any preventive maintenance;
combination or use with any products, materials, processes, systems, or other matter not provided or authorized in writing by Echelon Fitness Multimedia, LLC;
normal wear and tear; or
external causes such as accidents, abuse, or other actions or events beyond our reasonable control.
(d) What is the Period of Coverage?
This limited warranty on Products starts on the date of your purchase and lasts for the period as indicated above for the different equipment and parts (the “Warranty Period”). The Warranty Period is not extended if we repair or replace a warranted Product or re-perform a warranted service. We may change the availability of this limited warranty at our discretion, but any such changes will not be retroactive.
(e) Echelon Premier Warranty.
(i) All active Premier Members receive an additional four (4) years of total warranty coverage in addition to the one (1) year limited warranty on equipment, for a total of five (5) years of total coverage. You must be and continue to be an active Premier Member to receive this benefit; past Premier Members are not eligible. The warranty period for Echelon Premier Warranty begins as of the date of purchase of the equipment; provided, however, that if a member decides to enroll in and maintain an Annual Premier Membership after the purchase of equipment, the member will receive the Premier Warranty beginning as of the purchase of Premier Warranty, and ending five (5) years from the original purchase of equipment. For example, if a member purchase a Premier Warranty two (2) years after purchasing the Product, the member would have extended coverage under the Premier Warranty for an additional three (3) years. The new Premier Warranty program begins immediately, and includes all existing Premier Members, who will receive the Premier Warranty for five (5) years from the date of equipment purchase. The Premier Warranty does not extend the limited warranty period on the treadmill motors or frames. The Premier Warranty does not cover other membership tiers, such as CHOICE Membership.
(ii) For active Premier Members who previously purchased an extended warranty, the Warranty Period shall be extended an additional four (4) years. For example, if an active Premier Member purchased a two (2) year extended warranty at the time of purchase, the member would receive seven (7) years of total coverage: one (1) year base warranty coverage + two (2) year extended warranty coverage + four (4) year Premier Warranty coverage.
(iii) Will Echelon still offer extended warranty coverage? Yes, for customers who chose not to purchase a membership, or who purchase a membership other than Premier Membership, we will still offer extended warranty options.
(f) What Are Your Remedies Under This Warranty?
With respect to any defective Product during the Warranty Period, we will, in our sole discretion, either: (i) repair or replace such Product (or the defective part) free of charge, or (ii) refund the purchase price of such Product. We will also pay for shipping and handling fees during the first 12 months to return the repaired or replacement product to you if we elect to repair or replace the defective Product. After month 12, if a replacement product is required, we will charge a fee for shipment of the new or refurbished replacement product to your location. For 2023 the replacement product shipping fee is $99. This replacement product shipping fee does not apply to items under the “frame" warranty.
With respect to any defective Service during the Warranty Period, we will, in our sole discretion, either: (i) repair or re-perform the defective Service free of charge, or (ii) refund the price paid by you for such Service.
(g) How Do You Obtain Warranty Service?
To obtain warranty service, you must call 833-YES-BIKE or email our Customer Service Department at firstname.lastname@example.org during the Warranty Period, and one of our Customer Service Specialists will be happy to assist you to obtain an RMA number. No warranty service will be provided without an RMA number. It is possible we will need to send a technician to your location to complete the repair (Not available in all areas, please contact customer service to check for availability in your area).
(h) Limitation of Liability
THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT. ECHELON COACHING OR TRAINING SERVICES ARE INTENDED SOLELY AS GENERAL FITNESS INFORMATIONAL MEANS BY WHICH MEMBERS AND/OR USERS CAN COMMUNICATE WITH ECHELON TRAINER COACHES. ECHELON DOES NOT REPRESENT IN ANY WAY THAT ANY NUTRITIONAL OR FITNESS ADVICE PROVIDED BY A TRAINER COACH CONSTITUTES QUALIFIED EXPERT ADVICE. IF YOU ENCOUNTER AN ECHELON COACH WHO IS PROVIDING EXPERT ADVICE IN VIOLATION OF THESE PRINCIPLES, PLEASE CONTACT US IMMEDIATELY AT email@example.com. YOU SHOULD ALWAYS SEEK EXPERT PROFESSIONAL ADVICE IN NUTRITIONAL AND HEALTH MATTERS, AND SHOULD NOT RELY ON ANY OPINIONS EXPRESSED THROUGH THE SERVICES AS EXPERT OPINIONS OR ADVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
(i) What can you do in case of a dispute with us?
The informal dispute resolution procedure detailed in Section 21 is available to you if you believe that we have not performed our obligations under this limited warranty or these Terms.
You agree to defend, indemnify, and hold harmless Echelon, its parent corporation, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from (i) your use of any Products, (ii) your use of and/or access to the Site and the Services, (iii) any use of your Account by anyone other than you, and (iv) your violation of these Terms or any other terms, instructions, directions, or agreements concerning or relating to the Products, Site or Services, by you or by anyone under your control. This defense and indemnification obligation will survive these Terms and your use of the Products, Site, and Services.
15. Goods Not for Resale or Export.
You agree to comply with all applicable laws and regulations of the various states and of the United States including all Export Regulations, as defined below. You represent and warrant that you are buying Products or Services from Echelon for your own personal or household use only, and not for resale or export. Products and Services purchased from Echelon may be controlled for export purposes by export regulations, including but not limited to, the Export Control Reform Act of 2018 (ECRA) (Title XVII, Subtitle B of Pub. L. No. 115-232), the Export Administration Regulations (15 C.F.R. 768-799) for which ECRA is permanent statutory authority, the International Traffic in Arms Regulations (22 C.F.R. 120-128 and 130) and their successor and supplemental regulations (collectively, "Export Regulations"). You are solely responsible for compliance with the laws of your local jurisdiction and any other applicable laws regarding the import, export, or re-export of any Products, the Services or content therein.
16. Intellectual Property Use and Ownership.
You acknowledge and agree that:
(a) The Site and Services contain software, graphics, photos, videos, know-how, product ideas, comments, and other material (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now or hereafter developed. All Echelon-generated content and content developed for Echelon by its partners and licensors is copyrighted individually and/or as a collective work under the U.S. copyright laws; further, Echelon owns a copyright in the selection, coordination, arrangement, and enhancement of all Content in the Site.
(b) All uses on the Site or the Services of the terms "sell," "sale," "resell," "resale," "purchase," "price," and the like mean the purchase or sale of a license for the Services. Each Service marketed on the Site is made available solely for license, not sale, to you and other prospective customers under the terms, conditions, and restrictions contained herein.
(c) Echelon Fitness Multimedia, LLC, its licensor, successors, and assigns are and will remain the sole and exclusive owners of all intellectual property rights in and to the Content and each Product and Service made available on the Site and the Services and any related specifications, instructions, documentation, or other materials, including, but not limited to, all related copyrights, patents, trademarks and other intellectual property rights, subject only to the limited license granted under these Terms. You do not and will not have or acquire any ownership of these intellectual property rights in or to the Products or Services made available through the Site, or of any intellectual property rights relating to those Products or Services.
(d) The Echelon name, logos, and affiliated applications and technologies are the exclusive property of Echelon. All other trademarks appearing on the Services are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content which they make available through the Services. The trade names, trademarks, and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent. Echelon owns and retains all proprietary rights in the Site and the Services, and in all content, trademarks, trade names, service marks, and other intellectual property rights related thereto. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible on the Site or through the Services, without first obtaining the prior written consent of Echelon or, if such property is not owned by Echelon, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure, or otherwise alter any proprietary notices appearing on any content, including copyright, trademark, and other intellectual property notices
18. Force Majeure.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, epidemic, pandemic, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), restraints or delays affecting carriers, inability or delay in obtaining supplies of adequate or suitable materials, or telecommunication or internet breakdown or power outage.
19. Governing Law, Venue and Jurisdiction.
YOU AND ECHELON AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PRODUCTS OR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED TO THE EXTENT PERMITTED BY LAW.
20. Notice to U.S. Government End Users.
Any applications installed for or on behalf of the United States of America, its agencies, and/or instrumentalities ("U.S. Government"), are provided with Restricted Rights as "commercial Items," as that terms is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Pursuant to Federal Acquisition Regulation 12.212 (48 C.F.R. §12.212), the U.S. Government shall have only those rights specified in the license contained herein. The U.S. Government shall not be entitled to (i) technical information that is not customarily provided to the public, or to (ii) use, modify, reproduce, release, perform, display, or disclose commercial computer software or commercial computer software documentation except as specified herein. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 C.F.R. 52.227-19, as applicable.
21. Arbitration Agreement; Class Action Waiver; Jury Waiver.
(a) YOU AND Echelon Fitness Multimedia, LLC ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OR USE OF PRODUCTS OR SERVICES, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
(b) The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section. (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
(c) You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR Echelon Fitness Multimedia, LLC WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
(d) Your Right To Opt Out Of Arbitration.
Arbitration is not a mandatory condition of your contractual relationship with Echelon. If you do not want your claims to be subject to arbitration, you may opt out of arbitration by notifying Echelon in writing of your desire to opt out of arbitration, either by (1) sending, within thirty (30) days of the date these Terms are accepted by you, electronic mail to firstname.lastname@example.org, stating your name and intent to opt out of arbitration, or (2) by stating your name and intent to opt out of arbitration in a letter by U.S. Mail, or by any nationally recognized delivery service (e.g. UPS, Federal Express, etc.), or by hand delivery to:
Echelon Fitness Multimedia, LLC
605 Chestnut Street, Suite 700
Chattanooga, TN 37450
Should you not opt out of arbitration within the 30-day period, you and Echelon shall be bound by the terms of this arbitration provision. You have the right to consult with counsel of your choice concerning this arbitration provision. You understand that you will not be subject to retaliation if you exercise your right to assert claims or opt-out of coverage under this arbitration provision.
(e) If you reside in the European Union, you can find information about online dispute resolution here: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN. Please note that we reserve the right not to participate in forms of alternative dispute resolution.
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms. Echelon may assign its rights, obligations, and/or these Terms at any time in its sole discretion without notice to you.
23. No Waivers.
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Echelon Fitness Multimedia, LLC.
24. No Third-Party Beneficiaries.
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
(a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide, or (ii) by posting to the Site. Notices sent by email will be effective when we send the email, and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
(b) To Us. To give us notice under these Terms, you must contact us by personal delivery, overnight courier, or registered or certified mail addressed to Echelon Fitness Multimedia, LLC, 605 Chestnut Street, Suite 700, Chattanooga, TN 37450. We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
27. Entire Agreement.
28. Written Document.
You may preserve these Terms in written form by printing them for your records, and you waive any other requirement that these Terms be evidenced by a written document.
29. English Language.
Pursuant to Canadian law, the parties declare that they have required that these Terms and all documents related hereto, either present or future, be drawn up in the English language only.
Conformément à Droit canadien, les parties déclarent par les présentes qu’ils exigent que cette entente et tous les documents y afférents, soit pour le présent ou l’avenir, soient rédigés en langue anglaise seulement.