Last updated: August 3, 2023
Important Notices
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, OR BY USING ECHELON’S SITE OR ITS PRODUCTS OR SERVICES, YOU ACCEPT AND ARE BOUND BY THESE TERMS.
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.
Health Warning
NOTICE TO PARENTS AND/OR GUARDIANS: You are responsible for monitoring and supervising your child’s use of the Products and Services. No child under the age of thirteen (13) may use the Products and Services.
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.
These Terms apply to the use, purchase, and sale of Echelon products (“Products”) and services (“Services”) through echelonfit.com and through any mobile, desktop, or device applications, 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”).
(A) Automatic Renewal
YOUR ECHELON SUBSCRIPTION AUTOMATICALLY RENEWS AND WILL CONTINUE UNTIL CANCELLED. YOU WILL BE CHARGED DIRECTLY BY ECHELON OR THROUGH YOUR ITUNES OR GOOGLE PLAY STORE ACCOUNT. ANY UNUSED PORTION OF ANY FREE TRIAL WILL BE FORFEITED WHEN THE TRIAL ENDS AND SUBSCRIPTION IS PURCHASED.
(B) Prices and Payment Terms
UNLESS YOU HAVE SELECTED A FREE VERSION OF A SERVICE, THE SERVICES ARE PAID, AUTO-RENEWING SUBSCRIPTION SERVICES. ECHELON WILL CHARGE YOU FOR THE APPLICABLE SUBSCRIPTION FEE AT THE TIME OF PURCHASE AND AT THE START OF EACH RENEWAL PERIOD. YOU AUTHORIZE ECHELON TO CHARGE YOUR PAYMENT METHOD ON FILE FOR SUCH FEES.
(C) Price and Other Changes
SUBSCRIPTION FEES MAY CHANGE AT ANY TIME, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. PRICE CHANGES WILL TAKE EFFECT AT THE START OF THE NEXT SUBSCRIPTION PERIOD FOLLOWING THE DATE OF THE PRICE CHANGE. BY CONTINUING TO USE THE SERVICES AFTER THE PRICE CHANGE TAKES EFFECT, YOU ACCEPT THE NEW PRICE.
(D) Cancellation
IF YOU DO NOT WISH FOR YOUR ACCOUNT TO RENEW AUTOMATICALLY, OR IF YOU WANT TO CHANGE OR TERMINATE YOUR SUBSCRIPTION, YOU MUST LOG IN TO YOUR ACCOUNT AND FOLLOW THE INSTRUCTIONS TO CANCEL YOUR SUBSCRIPTION BEFORE THE END OF THE THEN-CURRENT SUBSCRIPTION PERIOD.
Subject to your compliance with these Terms, Echelon grants you a limited, non-transferable, non-exclusive, revocable license to access and use the Services for your personal, non-commercial purposes. This license does not include any resale or commercial use of the Services or their contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Services or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
To access the Services, you will need to establish an Account. You are responsible for all activity occurring under your Account and for keeping your Account password secure. You must notify Echelon immediately of any unauthorized use of your Account. Echelon will not be liable for any losses caused by any unauthorized use of your Account.
You may delete your Account at any time. Echelon may suspend, disable, or delete your Account (or any part thereof) 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 and goodwill.
YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL BEFORE UTILIZING ANY PRODUCT, STARTING ANY FITNESS PROGRAM, OR FOLLOWING ANY DIETARY ADVICE OFFERED THROUGH THE SERVICES TO DETERMINE IF IT IS RIGHT FOR YOUR NEEDS.
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.
You acknowledge that your use of the Products and Services involves strength, flexibility, aerobic, and other physical activities that may result in physical injury or death. You agree to assume full responsibility for any risks, injuries, or damages, known or unknown, which you might incur as a result of using the Products and Services.
In using the Products and/or Services, you affirm that no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician, you do not feel pain in your chest when you do physical activity, you have not experienced chest pain when not doing physical activity in the last month, you do not lose your balance because of dizziness and you do not ever lose consciousness, you do not have a bone or joint problem that could be made worse by a change in your physical activity, your physician is not currently prescribing drugs for your blood pressure or heart condition, and you do not know of any other reason you should not do physical activity.
By using the Services, you represent and warrant that: (a) you have the legal capacity and you agree to comply with these Terms; (b) you are not a minor in the jurisdiction in which you reside; (c) you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise; (d) you will not use the Services for any illegal or unauthorized purpose; and (e) your use of the Services will not violate any applicable law or regulation.
Echelon offers you the ability to submit or post User Content through certain of its Services. You agree that you will not submit or post any User Content that: (a) is false, misleading, or inaccurate; (b) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity; (c) infringes any patent, trademark, trade secret, copyright, or other intellectual or proprietary rights of any party; (d) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; or (e) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment.
The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Echelon, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The Site and Services may contain links to third-party websites and resources. These links are provided for your convenience only. Echelon has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ECHELON DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ECHELON DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT SHALL ECHELON BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, REVENUE, GOODWILL, USE OR CONTENT) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, NEGLIGENCE OR OTHERWISE, EVEN IF ECHELON HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ECHELON’S TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00).
You agree to defend, indemnify, and hold harmless Echelon, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Services.
These Terms shall be governed by and construed in accordance with the laws of the State of South Carolina, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within Greenville County, South Carolina.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. You and Echelon agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Greenville, South Carolina before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures.
Echelon reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, Echelon will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Echelon’s sole discretion. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised terms.
Questions about the Terms should be sent to:
Echelon Fitness Multimedia, LLC
101 E. Washington Street, Suite 400
Greenville, SC 29601
legal@echelonfit.com
© 2026 Echelon Fitness Multimedia, LLC. All rights reserved.