Terms and Conditions
YOU MAY NOT USE ECHELON 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 ECHELON 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 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 products and Services.
These terms and conditions (these "Terms") apply to your use of Echelon products (the “Products”) and services (“Services”) owned, licensed, leased and/or operated by commercial third parties (each an “Owner”), whether through echelonfit.com, through mobile, desktop, or device applications (including iOS and Android applications (each an “App” and together the “Apps”)) (collectively, the "Site") or otherwise, at each Owner’s respective business location and/or at any location chosen, made available by and/or furnished by the Owner (each a “Facility”), in addition to any other terms and conditions that may be applicable to any such use as provided in the Site or other agreement between you, an Owner, and/or Echelon Fitness Multimedia LLC, its affiliates, subsidiaries, successors, or assigns (collectively referred to as “Echelon”, "us", "we", or "our" as the context may require). 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 any Products and/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 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 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 Services or your access and use of the Services. If you have any questions or concerns regarding the terms or conditions herein, please email us at firstname.lastname@example.org.
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: That the PRODUCTS OR ServiceS, or any particular fitness or weight-loss program is suitable for you; Regarding the adequacy or safety of the ServiceS for any particular user; That the products or ServiceS will meet your personal needs; That the products or ServiceS will be permitted in your jurisdiction; That the ServiceS will be uninterrupted or error-free; Concerning any content submitted by any member; Concerning any third party's use of content that you submit; That ECHELON will continue to support any particular feature of any ServiceS; or 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 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.
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU 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.
Article I.Waiver and Release of Claims Against Owner.
User understands and acknowledges that serious illness, disability, accidents, injuries and death can occur during and in connection with the use of any Products or Services at any Facility, and that the use of any Products or Services at any Facility may involve the User performing strenuous activities. User acknowledges and agrees that it is the User’s responsibility to inspect any Products before utilizing such Products at any Facility so as to ensure that the Products are in good, safe and operable condition, without modification or excess wear and tear. User further acknowledges and agrees that it is the User’s sole responsibility for familiarizing the User with the Products and their respective features and educating himself or herself as to the safe, proper and recommended manner in which to utilize the Products, including, but not limited to, by reading and reviewing all applicable instructions, manuals and documents concerning the Products. The User also acknowledges and agrees that it is the User’s sole responsibility to inspect the Facility so as to determine that the Facility is safe, secure and appropriate for the use of any Products or Services. In consideration of the foregoing and knowing the risks inherent in, and connected with the use of any Products or Services at any Facility, and with the full understanding of the activities that the User may perform or engage in at any Facility, on behalf of the User, the User’s executors, administrators, heirs, successors, assigns and next of kin, the User HEREBY FULLY ASSUMES THE RISKS OF INJURY, ILLNESS, DISABILITY, DEATH, OR LOSS OR DAMAGE TO PERSON OR PROPERTY INHERENT IN, AND/OR IN ANY WAY CONNECTED WITH USER’S UTILIZATION OF ANY PRODUCT OR USE OF ANY SERVICE AT ANY FACILITY AND USER FULLY, COMPLETELY, IRREVOCABLY AND FOREVER WAIVES, RELEASES, DISCHARGES AND HOLDS HARMLESS THE OWNER 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, INCLUDING, WITHOUT LIMITATION, ANY LOSSES FOR PROPERTY DAMAGE, PERSONAL INJURY, OR DEATH, ARISING OUT OF OR RELATING IN ANY WAY TO THE USE OF ANY PRODUCTS OR SERVICES AT ANY FACILITY.
On behalf of the User, the User’s executors, administrators, heirs, successors, assigns and next of kin, TO THE GREATEST EXTENT OF APPLICABLE LAW, USER FULLY, COMPLETELY, IRREVOCABLY AND FOREVER WAIVES, RELEASES, DISCHARGES AND HOLDS HARMLESS ECHELON FITNESS MULTIMEDIA LLC 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, INCLUDING, WITHOUT LIMITATION, ANY LOSSES FOR PROPERTY DAMAGE, PERSONAL INJURY, OR DEATH ARISING OUT OF OR RELATING IN ANY WAY TO THE USE OF ANY PRODUCTS OR SERVICES, EXCEPT FOR ANY CLAIMS UNDER ANY APPLICABLE WARRANTY, DURING ANY APPLICABLE WARRANTY PERIOD, AND SEEKING DAMAGES PROXIMATELY CAUSED BY AN INHERENT DEFECT IN THE PRODUCTS.
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 use of any Products, use and access to the Site and the Services and/or violation of these Terms by you or anyone under your control. This defense and indemnification obligation will survive these Terms and your use of the Site and the Services.
Article III.Intellectual Property Use and Ownership. You acknowledge and agree that:
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.
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.
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. 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.
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.
Article V.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, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication or internet breakdown or power outage.
Article VI.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.
Article VII.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.
Article VIII.Arbitration Agreement; Class Waiver; Jury Waiver.
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, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR USE OF PRODUCTS OR SERVICES, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
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.
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.
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.
Article X.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.
Article XI.No Third-Party Beneficiaries.
These Terms do not and are not intended to confer any rights or remedies upon any person other than you. You further consent that you are not a third party beneficiary of, and that you derive no rights whatsoever from, any contract, agreement, transaction or dealings between or among Echelon and any Owner.
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.
To Us. To give us notice under these Terms, you must contact us by personal delivery, overnight courier or registered or certified mail to Echelon Fitness Multimedia LLC, 6011 Century Oaks Drive, Chattanooga, TN 37416. 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.
Article XIV.Entire Agreement.
Article XV.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.
Article XVI.English Language.
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.
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.