Terms and Conditions
Last updated: August 3, 2023
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. 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.
2. 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/terms-and-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:
- improper use;
- 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;
- unauthorized repair;
- 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 email@example.com 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 firstname.lastname@example.org. 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.
3. 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.