USE OF SITE
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.
You agree that you will not post, provide, or communicate User Content that:
violates in any way any applicable federal, state, or local law or regulation (including any laws regarding the export of data or software to and from the United States or other countries);
contains any material that is unlawful, threatening, abusive, obscene, indecent, violent, hateful, harassing, defamatory, deceptive, fraudulent, tortious, or invasive of another’s intellectual property, privacy, or publicity rights, or includes graphic descriptions of sexual or violent content;
victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, race, gender/gender identity, ethnicity, age, disability, military status, or sexual orientation;
contains untrue statements or information, or misrepresents facts about yourself or others;
impersonates or attempts to impersonate Pelotonia, a Pelotonia employee, another user, or any other person or entity, or misrepresents your identity or affiliation with any person or entity;
gives the impression that the User Content comes from or is endorsed by Pelotonia or others, if that is not the case;
infringes any patent, trademark, trade secret, copyright, or other intellectual property right of any person or entity, or their privacy and publicity rights;
promotes any illegal activity, or advocates, promotes, or assists any unlawful act;
consists of unsolicited advertising, junk or bulk email (also known as “spam”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
exploits or harms, or attempts to exploit or harm, minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
contains any form of malicious code, files, or programs that are designed or intended to disrupt, damage, or limit the functionality of any software, hardware, or telecommunications equipment, or otherwise causes, damages, or allows you to obtain unauthorized access to any data or other information of any third party;
breaches the security of, compromises or otherwise allows access to secured, protected, or inaccessible areas of the Site, or attempts to gain access to other networks or servers via your account/profile on the Site; or
restricts or inhibits anyone’s use or enjoyment of the Site, or which may harm Pelotonia or users of the Site or expose them to liability.
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.
MONITORING AND ENFORCEMENT OF USER CONTENT
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:
remove or refuse to post any User Content for any or no reason in our sole discretion;
disclose your identity or other information about you to another person or entity who claims that material posted by you violates their rights, including their intellectual property rights or their privacy or publicity rights;
take appropriate legal action, including but not limited to referral to or cooperation with law enforcement, for any illegal or unauthorized use of the Site; and
INTELLECTUAL PROPERTY RIGHTS
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.
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.
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.
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
WAIVER AND SEVERABILITY