Terms of Use

You and Pelotonia enter into these Terms of Use to govern your access to and use of Pelotonia’s family of websites, including but not limited to pelotonia.org and shoppelotonia.org (collectively, the “Site”). The Terms of Use shall apply whether you access the Site as a visitor or a registered user.

By accessing or using the Site, you accept and agree to abide by the Terms of Use and acknowledge our Privacy Policy, found at www.pelotonia.org/privacy-policy, which is incorporated herein by reference. Please read the Terms of Use carefully before using the Site. If you do not agree to the Terms of Use, you may not use the Site.

We reserve the right to update or revise the Terms of Use from time to time without notice to you. Your continued use of the Site after such updates will constitute your acknowledgment of the updated Terms of Use and your agreement to be bound by the updated Terms of Use.

USE OF SITE

You may access and use the Site for your personal, non-commercial use only, and your access and use of the Site is subject to all applicable laws and regulations. You must access and use the Site in accordance with the Terms of Use. Any access and use of the Site not expressly permitted by the Terms of Use is a breach of the Terms of Use.

In order to access or use some parts of the Site, as well as related products and services we may offer or provide to you, you may be asked to register as a participant and/or create an account or profile with a password. Our account/profile registration process asks for certain Personal Data from you. Our collection and use of Personal Data and any other information we obtain through your use of the Site is subject to our Privacy Policy. It is a condition of your use of the Site that all the information you provide to register or otherwise provide through the Site is true and accurate and that you will maintain and update this information to keep it current, complete, and accurate.

If you register and/or create an account/profile, you agree that you are responsible for maintaining the security and confidentiality of your password and that you are fully responsible for all activities under your account/profile. Accordingly, you must take reasonable steps to ensure that others do not gain access to your password and account/profile. You agree to notify us immediately of any unauthorized access to, or use of, your password or account/profile or email account associated with your registration and/or account/profile. Our employees will never ask you for your password.

You agree that you will not access or use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with anyone else’s use of the Site, including their ability to engage in real time activities through the Site; you will not use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site; you will not use any manual process to monitor or copy any of the materials on the Site or for any other unauthorized purpose without our prior written consent; you will not use any device, software, or routine that interferes with the proper working of the Site; you will not introduce any viruses, Trojan horses, worms, logic bombs, or other material to the Site that is malicious or technologically harmful; you will not attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site; and you will not attack the Site via a denial-of-service attack or a distributed denial-of-service attack or otherwise attempt to interfere with the proper working of the Site.

We reserve the right to modify or discontinue the Site and any products or services we provide on the Site in our sole discretion without notice. From time to time, we may restrict access to some parts of the Site, or the entirety of the Site, to some or all users. We have the right to disable any user name, password, account/profile, or other identifier, whether chosen by you or provided by us, or suspend or terminate a user account/profile or access to the Site and functionality of the Site, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provisions of the Terms of Use.

USER-CREATED CONTENT

Subject to our Privacy Policy, any content, information, or materials you post to or transmit through the Site will be treated as non-confidential and non-proprietary user content (“User Content”). You are solely responsible for all User Content. By posting, providing, or communicating User Content, you represent and warrant that such User Content complies with the Terms of Use, is true and accurate, and does not infringe the intellectual property, privacy, or publicity rights of any other person or entity. You agree that you will not post, provide, or communicate User Content that:

If you post, provide, or communicate User Content that fails to comply with the Terms of Use, you understand and agree that this would be a violation of the Terms of Use and that Pelotonia may remove your User Content or your account/profile, not permit you to participate in Pelotonia, contact appropriate law enforcement officials, or take other actions appropriate under the circumstances.

By posting, providing, or communicating User Content, you grant Pelotonia a license to such User Content. The license (i) extends to Pelotonia and its employees and agents, and (ii) is a non-exclusive, perpetual, worldwide, royalty-free license to use, alter, reproduce, publicly or privately display, broadcast, perform, distribute, and otherwise disclose to third parties the User Content, in whole or in part, in any commercial or noncommercial manner and in any media now known or hereafter developed. You further understand and agree that your name, image, likeness, voice, photograph, or appearance may be used in perpetuity, alone or in combination with other materials or content, by Pelotonia and its employees and agents for informational, educational, promotional and/or publicity purposes, including but not limited to use on websites or in social media, podcasts, blogs, videos, emails, publications, displays, newspapers, magazines, advertisements, reports, audio files, and other media. You consent to, license, and authorize, in advance, all such uses and waive all rights of privacy or publicity you have in connection therewith. You further understand that you will not be compensated for any such use. You also agree to release Pelotonia and its employees and agents from any and all liability arising out of or connected to the use of your name, image, likeness, voice, photograph, or appearance as stated above.

We do not undertake to review all User Content before it is posted on or through the Site and cannot ensure prompt removal of objectionable material after it has been posted. We also do not actively monitor all User Content on the Site. Accordingly, we assume no liability for any action or inaction regarding User Content.

We nonetheless have the right to:

PELOTONIA® is a registered trademark of Pelotonia. Other names, logos, designs, titles, words, or phrases within the Site are trademarks, service marks, or trade names of Pelotonia, and they may not be used without the prior written permission of Pelotonia.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site unless expressly authorized by Pelotonia or otherwise permitted by the Terms of Use. Hyperlinks to the Site are permitted only if presented in a manner which does not falsely suggest a relationship, affiliation, sponsorship, or endorsement from Pelotonia, and which does not serve to diminish Pelotonia’s reputation, the value of its trademarks and service marks, or otherwise harm Pelotonia in any way.

No license is granted to you and no rights are conveyed by virtue of accessing or using the Site. All rights not granted herein are reserved by Pelotonia.

Pelotonia claims no interest in marks owned by other persons or entities not affiliated with Pelotonia, which may appear on the Site.

DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE

We respect the intellectual property rights of others and expect users of the Site to do the same. In appropriate circumstances and in our sole discretion, we may remove or disable access to material on the Site that may be infringing or the subject of infringing activity.

In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512, we will respond promptly to claims of copyright infringement that are reported to us at [email protected].

THIRD-PARTY SITES AND INFORMATION AND PROMOTIONS

The Site may include content provided by third parties, including materials provided by other users. All statements and/or opinions expressed in such content are solely the opinions and responsibility of such third parties. We are not responsible for the accuracy, completeness, or appropriateness of such content, and such content does not necessarily reflect the opinion of Pelotonia.

If the Site contains links to other sites and resources provided by third parties, including by other users, these links are provided for your convenience only and are not an endorsement, sponsorship, or recommendation of the third parties or the third parties’ ideas, products, or services. Similarly, any references in the Site to third parties and their products or services do not constitute an endorsement, sponsorship, or recommendation. If you decide to access any of the third-party websites contained on the Site, you do so entirely at your own risk and subject to the terms and conditions of use and privacy policies for such websites.

From time to time, the Site may include promotions offered by third parties. While you may participate in such promotions, we assume no liability, obligation, or responsibility for such promotions.

MINORS

The Site and the content available on it are neither intended for, nor directed to, children under the age of 13. You must be at least 13 years old to have our permission to use the Site. By accessing or using the Site, you represent and warrant that you are at least 13 years old.

GEOGRAPHIC RESTRICTIONS

The owner of the Site is based in the State of Ohio in the United States. We provide the Site for use only by residents of the United States who are physically located in the United States. We make no claims that the Site or any content of the Site is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. You may not access or otherwise use the Site from outside the United States. You are responsible for complying with all applicable laws. We make no representations, warranties, or claims regarding the compliance with European Union or any foreign country privacy or data security laws or requirements. We do not desire to process Personal Data of anyone outside of the United States, and do not otherwise intend to offer goods or services to or monitor the behavior of anyone outside of the United States. You represent and warrant that neither you nor your representatives will provide or otherwise make available to us Personal Data of an identified or identifiable person outside of the United States.

DISCLAIMER OF WARRANTIES

YOUR ACCESS TO AND USE OF THE SITE OR ANY CONTENT, PRODUCTS, OR SERVICES ON THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. THE SITE AND ALL CONTENT AND PRODUCTS AND SERVICES ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SITE OR CONTENT, PRODUCTS, OR SERVICES ON THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE OR CONTENT, PRODUCTS, OR SERVICES ON THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE REULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR THE CONTENT, PRODUCTS, OR SERVICES ON THE SITE WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; OR (D) THE QUALITY OF THE SITE OR ANY CONTENT, PRODUCTS, OR SERVICES OBTAINED BY YOU FROM THE SITE FROM PELOTONIA OR FROM OTHERS WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS, OR DEFECTS.

THE SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE SITE OR CONTENT, PRODUCTS, OR SERVICES ON THE SITE AT ANY TIME WITHOUT NOTICE.

YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR DEVICE OR LOSS OF DATA THAT RESULTS FROM YOUR ACCESS TO AND USE OF THE SITE OR ANY CONTENT, PRODUCTS, OR SERVICES ON THE SITE. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, DEVICES, PROGRAMS, APPS, DATA, OR OTHER MATERIAL DUE TO YOUR ACCESS TO OR USE OF THE SITE OR ANY CONTENT, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SITE, OR THROUGH ANY WEBSITES LINKED TO THE SITE.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.

LIMITATION OF LIABILITY

IN NO EVENT SHALL PELOTONIA, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE, OR INABILITY TO ACCESS OR USE, THE SITE, ANY WEBSITES LINKED TO THE SITE, ANY CONTENT ON THE SITE OR WEBSITES LINKED TO THE SITE OR ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE OR ANY WEBDSITES LINKED TO THE SITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL PELOTONIA’S AGGREGATE LIABILITY HEREUNDER OR OTHERWISE ARISING OUT OF OR RELATING TO ACCESS TO OR USE OF THE SITE EXCEED $100.

JURISDICTION AND VENUE

All matters, disputes, or claims arising out of or relating to the Site or the Terms of Use shall be governed by and construed in accordance with the laws of the State of Ohio without giving effect to its conflict of law rules. Any legal suit, action, dispute, claim, or proceeding arising out of or relating to the Site or the Terms of Use shall be brought exclusively in a state court located in Franklin County, Ohio, or in the U.S. District Court for the Southern District of Ohio, located in Columbus, Ohio, and you acknowledge and agree that you are subject to the exercise of jurisdiction and venue and service of process of the federal and state courts of Ohio.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE SITE OR THE TERMS OF USE MUST BE COMMENCED NO LATER THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

No waiver by Pelotonia of any term or condition set out in the Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Pelotonia to assert a right or provision under the Terms of Use shall not constitute a waiver of such right or provision.

If any provision of the Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

These Terms of Use were last updated on April 14, 2021.