Last Updated: July 07, 2021
Our “Service” currently includes the EQUINOX+ branded app designed for you to download, access and use on your mobile, tablet, smart watch or other personal devices, as well as certain smart TVs, third-party platforms and other Internet-connected devices or hardware products (collectively, the “App”); the SOULCYCLE branded at-home bike and the tablet connected thereto (collectively, the “Bike”); the equinoxplus.com website, together with all and any other websites, apps, digital properties and platforms on which these Terms are referenced or made available; as well as and all digital fitness, training, wellness and other Content (as defined in Section 2), features, functionalities, services we may make available through any of the foregoing. We may also provide the opportunity for you to purchase certain goods and products, including the Bike through the Service (collectively, the “Products”).
PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, INCLUDING YOUR AGREEMENT TO MANDATORY ARBITRATION, WAIVER OF CLASS RELIEF AND WAIVER OF A RIGHT TO A JURY TRIAL (AS SET FORTH IN SECTION 13) AND YOUR ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY (AS SET FORTH IN SECTIONS 10 AND 11).
IF YOU ARE AN EQUINOX MEMBER, PLEASE REVIEW THE ADDITIONAL TERMS: EQUINOX MEMBERS SET FORTH BELOW, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, INCLUDING YOUR AGREEMENT TO MANDATORY ARBITRATION, WAIVER OF CLASS RELIEF AND WAIVER OF A RIGHT TO JURY TRIAL.
BY ACCESSING AND USING THE SERVICE, WHETHER BY VISITING OUR SITE, DOWNLOADING THE APP, MAKING PURCHASES OR OTHERWISE, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND ARE AGREEING THAT THEY FORM A BINDING CONTRACT BETWEEN YOU AND EQUINOX MEDIA. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE SERVICE.
1 | ACCESSING AND USING THE SERVICE
1.1 Eligibility. The Service is intended for use by adults, and you must be at least 18 years old (or the age of majority, if different in the jurisdiction where you live) to purchase any Product or Services Membership. If you are 16 or 17 years old, you may access and use the Service solely with the consent of your parent or guardian and then only under their direct supervision. To be eligible to use the Service you must also be able to make the health representations set forth in Section 10.3 below.
1.2 Access. The Service is operated by Equinox Media from its offices in the State of New York, and we make no representations or warranties that the Service, Products or Content is appropriate, available or permitted outside the United States. If you choose to access and use the Service from outside the United States, you do so at your own risk and are responsible for ensuring your use is permitted by and in accordance with local laws. You are permitted to access and use the Service and Content only in geographic locations where we expressly offer our Service and have licensed the Content therein. You are solely responsible for any charges incurred in obtaining access to the Service, including charges from your Internet service provider and/or wireless/telecommunication carrier. Account.
1.3 Service Membership. All subscriptions to the Service, whether purchased on a stand-alone basis, in connection with the Bike, or otherwise (a “Service Membership”), is subject to the Additional Terms: Service Memberships and Product Purchases below. Please review these Additional Terms as they contain important information about your Service Membership, including details around payment, automatic renewal and cancellation.
1.4 Your Account. You must create and log-in to an account for the Service (an “Account”) in order to access and use many of the Service’s features, functionalities and Content. In some instances, the right to create an Account, and/or to access and use certain aspects of the Service, may be limited to individuals who have a Service Membership or an Equinox Membership (as defined in Section 1 of the Additional Terms: Equinox Members below). You must provide accurate and complete information when creating an Account and ensure your information is kept current. You may have an option to add a profile picture or alias to your Account, and your picture/alias must comply with our Acceptable Use Policy in Section 3.3 below and may be removed by Equinox Media in its sole discretion. You are solely responsible for maintaining the confidentiality of your Account credentials and you hereby agree to be fully responsible and liable for all usage, activities and purchases that occur under your Account, whether authorized by you or not. If you know or suspect your Account or password may have been compromised, you must contact us immediately and change your password. Except for permitted Sub-Accounts (see Section 1.5 of the Additional Terms: Service Memberships and Purchases), you may not allow your Account to be used by any other person. Equinox Media reserves the right to, in its sole discretion and for any reason, deny the creation of, suspend access to, or terminate any Account, and take steps to block users, including those that have been terminated, from accessing or re-acessing the Service.
1.6 Limited Right to Use the Service. The Service is licensed, not sold, to you. Subject to your compliance with these Terms and only for so long as you are permitted by us to access and use the Service, Equinox Media grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Service, but only for your personal and non-commercial use and only on personal devices, applications and equipment that you own or have a right to use and that we have made the Service available through. Except as otherwise expressly authorized in these Terms, you agree not to:
Use the Service for any commercial purpose or for the benefit of any other person or entity, including by offering public performances or screenings of Content or by selling, reselling, renting, leasing, hosting or otherwise commercially exploiting the Service or any Content or other portion therein.
Copy, reproduce, duplicate, archive, store (other than standard browser caching), download (other than to a personal device through an authorized app marketplace), publish, license, distribute, publicly perform, publicly display, frame, stream, modify, translate or make derivative works of the Service or any Content or portion thereof, by any means.
Reverse engineer, decompile, disassemble, or otherwise attempt to access the source code for the Service or any portion thereof, or access, use or exploit the Service or any portion thereof in order to build or develop a competitive or similar product or service.
Remove, alter, circumvent, deactivate, thwart or otherwise interfere with any content protection mechanisms or access control mechanisms (including territorial restrictions) in or otherwise used to protect the Service.
Attempt to gain unauthorized access to the Service or any Account or portion thereof or any related networks, systems, servers or equipment.
Use any name, trademark, logo or other materials, or any meta tags or metadata utilizing any of the foregoing, of Equinox Media or its licensors without our express written permission; or modify, alter, remove or obscure any copyright, trademark or other proprietary notice on or within the Service or any Content or Product.
Use any bots, robots, spiders, crawlers, or similar data mining, gathering or extraction tools or code, whether automated, programmed or manual, to access, use, copy from, or otherwise interact with the Service or to probe, scan or test the vulnerability of the Service and any related networks, systems, servers and equipment.
Interfere with or manipulate the Service, including by uploading or otherwise disseminating any virus, malware, ransomware, spyware, worms, or other software or code malicious or disruptive code; or by taking take any action that imposes or is designed to impose an unreasonable burden or load on the Service or any related systems, networks, servers, or equipment.
Export the Service or any Content or Product in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
Use the Service or any Product in violation of any applicable third-party terms and conditions, any applicable laws or regulations or for any otherwise illegal or unlawful purposes.
Any violation of these Terms or other unauthorized use of the Services by you, or otherwise under your Account or on your computer, device or equipment, will immediately terminate the limited rights granted to you under these Terms, and such termination will be without prejudice to any other right or remedy Equinox Media or any other person may have under applicable law or in equity. Equinox Media reserves the right to, in its sole discretion, exercise all rights and remedies and take any and all steps available to Equinox Media, under law or in equity, including reporting you to and consulting and cooperating with law enforcement or governmental officials and seeking other legal or equitable remedies.
2 | OWNERSHIP
As between you and Equinox Media, Equinox owns all right, title and interest, including all copyright, trademark, patent and other intellectual property and proprietary rights, in and to the Service, including the Bike, the App and all content that is displayed on, made available through or otherwise included in the Service, including all visual, audiovisual and audio materials, sound recordings, musical compositions, visual and graphical interfaces, images, graphics, designs, compilations, interactive features, text, works of authorship, trademarks, service marks, trade names, logos, icons, data, information, code, software, products and software, regardless of whether registered or unregistered, and any combinations and compilations thereof, but excluding any User Content (collectively, the “Content”), and all other elements thereof, including the selection, coordination, arrangement and enhancement of Content and the design, layout and “look and feel” of each aspect of the Service. No act of downloading, installing, or otherwise using, the Service or any Content or portion thereof will transfer any title, interest or right in or to the foregoing to you. Purchase of and/or transfer of title to any Bike or other Product you purchase does not include or transfer any right, title or interest to any Service or Content included or embedded in, or otherwise used in connection with, such Bike or Product.
The Service and Content are protected by applicable copyright, trademark and other applicable intellectual property rights and laws and constitute valuable intellectual property of Equinox Media and its licensors. Equinox Media and its licensors hereby expressly reserve all rights not expressly granted herein, Equinox Media's licensors who own any of the Content are intended beneficiaries of these Terms and shall have the right to enforce these Terms directly against you. Without limiting the foregoing, the EQUINOX+, EQX+ and the "+" logo are trademarks and service marks exclusively owned by Equinox Holdings, Inc. in the United States and throughout the world, and you may not use any of the foregoing without our prior written approval.
3 | USER CONTENT AND INTERACTIONS
3.1 User Content. Certain features of the Service may permit you and other users to upload, post, share and/or publish content, images, videos, audio, statements, comments, messages, reviews, and other materials (collectively, “User Content”) and/or to comment on or otherwise interact with other Service users and their User Content. User Content you upload, post, or share is not confidential and may be made available to, and may be read, collected, recorded, copied and used by, other users of the Service. We have no obligation to remove or return your User Content or to provide you with the ability to remove it from the Service once it is uploaded, posted and/or shared. You are solely responsible and liable for any and all User Content uploaded, posted, and/or shared through your Account, including all interactions with other users through your Account and any disputes that may arise in connection therewith. We do not endorse any User Content that you or others provide, and User Content may not reflect the views of Equinox Media. You acknowledge and agree that you may find User Content of and your interactions with other users to be objectionable, offensive or otherwise inappropriate; however, SUBJECT TO SECTION 12.4, YOU HAVE NO RIGHT AGAINST THE EQUINOX MEDIA PARTIES (AS DEFINED IN SECTION 9), AND THE EQUINOX MEDIA PARTIES HEREBY DISCLAIM ANY LIABILITY AND WARRANTIES, RELATED TO ANY USER CONTENT UPLOADED, POSTED, SHARED OR PUBLISHED TO THE SERVICE, WHETHER THROUGH YOUR ACCOUNT OR BY ANOTHER USER.
3.2 Ownership. You continue to own any User Content that you upload, post, and/or share to or through the Service; however, by uploading, posting, and/or sharing User Content, you grant to Equinox Media and its affiliates, licensees, employees, contractors, providers, agents, successors and assigns a non-exclusive, perpetual, irrevocable, royalty-free and worldwide license to use, host, store, transfer, reproduce, modify, disclose, publish, publicly display, publicly perform, distribute, modify, sublicense, and create derivative works of your User Content (together with your voice, actions, likeness, name, appearance, profile photograph, performance, biographical material, and any other identifying information, within your User Content), in whole or in part, for any purpose in connection with the Service, in any media or channel, without restriction, liability, notice or compensation to you. Equinox Media may, but is not obligated to, provide attribution to you, subject to any privacy settings in your Account, when using your User Content. You hereby waive any “moral rights,” rights of publicity or rights or privacy you may have in connection with your User Content and agree not to enforce any of the foregoing rights against the Equinox Media Entities.
3.3 Acceptable Use. As a condition of your right to access and use the Service, you hereby represent and warrant to Equinox Media that you and your User Content and your interactions with other users:
Will be suitable for presentation in a public forum and will not contain, any personally identifiable information for you or any person.
Will not bully, threaten, abuse, harass, degrade or mock any other user and will not include, depict or promote any threats to any person, place, business or group or any damage to or theft of property.
Will not include, depict, or promote any content that could reasonably be considered as libelous, slanderous, defamatory, profane, obscene, pornographic, sexually explicit, lewd, or otherwise inappropriate or that contains or uses any symbols, words or slurs that are widely considered offensive to individuals of a certain race, gender, ethnicity, religion, sexual orientation or socioeconomic group.
Will not include, depict or promote any violence, abuse, cruelty to animals, use of illegal drugs, excessive or inappropriate use of alcohol or legal drugs, or any other activity or behavior that is criminal, illegal, unreasonably dangerous or reckless.
Will not include, depict or promote any advertising or commercial activity, offer products or services for sale, contain a sweepstake or contest, or otherwise consist of unsolicited advertising, spam or junk or bulk messages. You may not use the Service to solicit or collect personally identifiable information from or about any other users.
Will be owned by you (or licensed from the owner to you in writing in a manner that permits you to use, upload, post, share and grant licenses to such User Content) and will not infringe, misappropriate or otherwise violate any patent, trademark, copyright, right of publicity, or other intellectual property, privacy, publicity or proprietary right of Equinox Media or any third person.
Will not impersonate any other individual, falsely state or misrepresent your professional or other affiliation Equinox Media or with any other person, or otherwise be misleading, inaccurate, or in violation of these Terms or any applicable law.
Equinox Media does not control and has no obligation to monitor the Service, any User Content, or any user’s use of the Service and/or interactions with other users, but reserves all rights to do the foregoing at any time and for any purpose, without any notice to you. Equinox Media further reserves all rights to, but has no obligation to: (1) refuse to post, or remove, modify or otherwise regulate, any User Content that we determine in our sole discretion does not comply with these Terms or is otherwise objectionable and to require you to provide proof of your compliance with these Terms; (2) become involved in any disputes between you and other users and to take any other actions that we determine in our sole discretion are appropriate in connection therewith; and (3) disclose your User Content and/or any information provided to or through the Service or otherwise obtained during any such monitoring to law enforcement, governmental officials or other third parties, as necessary to satisfy any law, regulation or governmental request.
3.4 Feedback. We welcome general feedback, input, comments, reviews, notes, messages, suggestions or other communications (collectively, “Feedback”) regarding the Service and Products. However, any Feedback you post, submit or otherwise provide to Equinox Media through the Service or otherwise will be treated as non-confidential and non-proprietary, and Equinox Media may freely use your Feedback, in perpetuity and without restriction, for any purpose, commercial or otherwise, and without liability, notice, acknowledgment or compensation to you. Equinox Media shall solely own any intellectual property rights arising out of or in connection with Feedback.
3.5 Unsolicited Ideas. While we appreciate your general Feedback, Equinox Media does not accept or consider any unsolicited ideas, confidential information or proprietary information or other Feedback that you do not wish Equinox Media to freely use, including ideas for new or improved products, services, apps, technologies, marketing, advertisements promotions or other services, products or offerings and any original creative materials such as stories, videos, computer code, images or artwork (all of the foregoing, collectively, “Unsolicited Ideas”), and therefore you agree not to post, submit or otherwise provide to Equinox Media, any Unsolicited Ideas. If, despite this policy, you nonetheless chose to post, submit, send or otherwise provide any Unsolicited Idea, by doing so you acknowledging and agreeing that: (1) you are not posting, submitting, sending or providing any confidential or proprietary information; (2) Equinox Media has no obligation to review or use the Unsolicited Idea or to keep it confidential; and (3) Equinox Media will consider the Unsolicited Idea as Feedback that may be freely used by Equinox Media, without liability, notice, acknowledgement or compensation to you, and you hereby agree to waive any and claims against Equinox Media in connection with the foregoing.
3.6 Copyright Infringement Policy. Equinox Media respects the intellectual property rights of others and expects you to do the same. Pursuant to the Digital Millennium Copyright Act (the “DMCA”), Equinox reserves the right, but not the obligation, to suspend, terminate or otherwise limit your use and access to the Service, in whole or in part, if we determine, in our sole and absolute discretion, that you are involved in infringing activity, including by uploading, posting or sharing User Content that is infringing, regardless of whether you are a first-time or repeat infringer, and regardless of whether the material or activity is ultimately determined to be infringing. The foregoing does not limit our ability to pursue any other remedies we may have to address any suspected infringement or infringing activity.
If you believe that any User Content on the Service infringes your copyright, or the copyright of anyone on whose behalf you are authorized to act, you may submit a written complaint to our designated copyright agent at: Legal Department, Equinox Media, Attn: Copyright, 31 Hudson Yards, New York, NY 10001 or at firstname.lastname@example.org. Your complaint must include all of the following: (1) identification of the copyrighted work(s) you claim is being infringed; (2) identification of the material that you claim is infringing and the URL or other sufficient information for Equinox to locate that material within the Service; (3) your email address, telephone number and mailing address; (4) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; (5) a statement that the information in your written complaint is accurate and that, under penalty of perjury, you are the copyright owner authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and (6) a physical or electronic signature of the copyright owner or the person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Please note that if you knowingly make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
4 | THIRD-PARTY FEATURES
The Service may enable you to use, link to or integrate with certain services, software, tools and products offered by our affiliates and/or other third parties, including other websites, apps, social media networks, equipment and wearable devices (collectively, “Third-Party Features”). By using or integrating with a Third-Party Feature, you agree that Equinox Media may transfer your data and information to and/or receive and use any data or information it receives from, that Third-Party Feature. Offering a Third-Party Feature does not constitute any endorsement by Equinox Media. Equinox Media does not control and is not responsible for any Third-Party Feature, for the legality, accuracy or appropriateness of any content, products, services, data, materials, or other materials on or available through any Third-Party Feature or for any practices, operations, business or persons associated with such Third-Party Feature. Your rights and obligations when accessing and using these Third-Party Features are governed by the terms and policies of those Third-Party Features, and we encourage you to carefully read those terms and policies of these Third-Party Features, as their practices may differ from ours. YOU ACKNOWLEDGE AND AGREE THAT YOUR DECISION TO ACCESS, USE AND/OR INTEGRATE WITH ANY THIRD-PARTY FEATURE IS AT YOUR SOLE RISK. SUBJECT TO SECTION 12.4, EQUINOX MEDIA MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THIRD-PARTY FEATURES OR THE CONTENTS, OFFERINGS, OPERATIONS OR PRACTICES THEREOF, AND HEREBY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES, LOSSES OR CLAIMS ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF AND/OR INTEGRATION WITH ANY THIRD-PARTY FEATURES.
5 | AVAILABILITY AND CHANGES
5.1 Availability. We have no obligation to maintain or make available to you the Service, in whole or in part, nor do we have any obligation to provide you with any related maintenance or support services. In addition, we regularly make changes to the Service, and reserve the right to, in our sole discretion, render the Service, in whole or in part, temporarily or permanently unavailable or to otherwise terminate, suspend access to, replace, or modify any aspect of the Service, including the Content and Products available through the Service and the means and devices through which we make the Service available, at any time and for any or no reason, without notice or liability to you.
5.2 Test Features. We continually test new functionalities, services, options, initiatives, user interfaces, products and other features that we may incorporate into the Service. We reserve the right to, in our sole discretion, make test features available to you, or exclude you from any new feature testing, at any time and without notice or liability to you.
5.3 Changes to These Terms. We reserve the right to, in our sole discretion change these Terms, in whole or in part, at any time. We will post the revised Terms here, and changes will be effective immediately upon our posting. We may require that you accept any changed Terms (e.g., by clicking “I Accept” or other similar button) in order to continue accessing and using the Service. We will include a “Last Updated” date at the beginning of these terms, and it is your responsibility to check these Terms periodically for changes. By continuing to access or use the Service following the posting of any changes to these Terms, you are accepting and agreeing to be bound by such changed Terms.
7 | ADDITIONAL TERMS
Additional terms, policies, rules, instructions and/or guidelines (“Additional Terms”) may apply to the Service, Products, and your interactions with Equinox Media, regardless of whether or not they are expressly labeled as Additional Terms. By purchasing, accessing and/or using the Service or any Product, or otherwise interacting with Equinox Media, you agree to comply with all Additional Terms referenced or associated in connection therewith and are responsible for satisfying any eligibility or other requirements set forth in Additional Terms. All Additional Terms are hereby incorporated by reference into and made a part of these Terms.
8 | TERMINATION
You may terminate these Terms at any time by ceasing to access and use the Service and, where applicable, cancelling your Service Membership. See Section 2 of the Additional Terms: Service Memberships and Purchases for information on cancelling your Service Membership. If you subsequently decide to resume accessing and using, or re-subscribe to, the Service, you will again be bound by the then-current Terms.
Notwithstanding anything to the contrary in these Terms, Equinox Media reserves the right to, in its sole discretion, terminate these Terms, and/or otherwise terminate, suspend, restrict or block your access to and use of the Service, in whole or in part, at any time and without prior notice or liability to you, for any reason, including for any violation of these Terms or your failure or suspected to comply with any portion of these Terms. You acknowledge and agree that we shall have no liability or obligation to you as a result of any such termination, suspension, restriction or blocking and you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law. Termination of these terms will be without limitation to any other rights or remedies Equinox Media may have at law or in equity.
Upon any termination of these Terms, your rights set forth herein will terminate and you must immediately cease all access to and use of the Service. You will no longer be authorized to access your Account, and we may, but have no obligation to, immediately delete all User Content and other data and information stored in or associated with your Account without notice or liability to you. All payment obligations to Equinox Media accrued prior to termination will survive termination, and any unpaid amounts will become immediately due and must be paid by you to Equinox Media. In addition, Sections __________ of these Terms, and any other provision which by its nature is intended to survive, will survive termination.
9 | INDEMNIFICATION
To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless Equinox Media, its parents, subsidiaries and other affiliates (including Equinox Holdings, Inc., SoulCycle LLC, EQX Hotel Management LLC and Equinox Group LLC), and each of its and their respective employees, officers, directors, contractors, owners, suppliers service providers, licensors, agents, representatives, successors and assigns (all of the foregoing, together with Equinox Media, the “Equinox Media Parties”) from and against any and all claims, demands, complaints, damages, losses, liabilities, judgments, fines, penalties, interest, fees, expenses and costs (including reasonable attorneys’ fees) (collectively, “Claims”) arising out of or in connection with: (a) your use of the Service or any Product, including any use of the Service through your Account (with or without authorization your authorization) and any disputes or interactions between you and any other Service user); (b) your User Content, Feedback and Unsolicited Ideas, including any allegations of infringement or other violation of rights; and/or (c) your violation of these Terms. You agree that Equinox Media shall have exclusive control over the defense or settlement of any third-party Claims (without limiting your indemnification obligations with respect to that Claim) and that you cooperate with the Equinox Media Parties in defending such Claims. You may not settle any Claims for which you are required to provide indemnification without Equinox Media’s prior written consent.
10 | HEALTH AND SAFETY RISKS
PLEASE READ THE FOLLOWING CAREFULLY AS IT DISCUSSES IMPORTANT RISKS TO YOUR HEALTH AND SAFETY, AS WELL AS YOUR ACCEPTANCE AND ASSUMPTION OF THOSE RISKS.
10.1 Health Disclaimers. Equinox is not a healthcare or medical provider. The Service and the Content, including any workouts, classes, exercises, regimens, plans, recommendations, instructor guidance, advice, information, nutritional plans, recipes or other materials contained, offered or discussed therein (the “Advice”), are provided for entertainment and informational purposes only,; they do not constitute medical or counseling advice, diagnoses or treatment and should not be relied upon or used as a substitute for a professional medical evaluation. Future scientific and medical developments may impact the Service, Content and Advice and accordingly we do not represent, warrant or guarantee that the Service, Content and Advice will always reflect the most recent findings or developments. Equinox Media is not liable or responsible for any consequences of you having read, used or relied upon any Service, Content or Advice. We encourage you to see your healthcare provider on a regular basis and seek their advice prior to engaging in any new or modified fitness or wellness regimen or if you have any questions or concerns regarding your health and fitness regimen. YOUR DECISION TO RELY ON AND/OR USE THE CONTENT AND ANY ADVICE IS AT YOUR SOLE RISK. SUBJECT TO SECTION 12.4, EQUINOX MEDIA DOES NOT MAKE AND HEREBY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES REGARDING ANY CONTENT OR ADVICE AND IS NOT RESPONSIBLE FOR YOUR USE OF OR RELIANCE ON ANY CONTENT OR ADVICE, AND THE EQUINOX MEDIA PARTIES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY, PHYSICAL HARM, DISMEMBERMENT AND DEATH, ARISING OUT OF OR IN CONNECTION WITH YOUR RELIANCE ON OR USE OF ANY CONTENT OR ADVICE.
10.2 Bike Safety. By using the Bike, you are agreeing that you have read, thoroughly understand and will comply with all operating and safety instructions and guidance provided on the Bike or otherwise through the Service, including all instructions and requirements in the Bike’s Safety Instructions and User Manual, at all times when using the Bike. The SOULCYCLE-branded class Content, and all maneuvers performed in connection with such Content, have been designed to be performed solely on the Bike, in accordance with the Bike’s User Manual and Safety Instructions, and the Bike has been specifically designed to accommodate those maneuvers. THE EQUINOX MEDIA PARTIES DO NOT RECOMMEND THE USE OF SOULCYCLE-BRANDED CONTENT, OR THE PERFORMANCE OF ANY MANEUVERS IN CONNECTION WITH SUCH CONTENT, ON ANY EQUIPMENT OTHER THAN OUR BIKE. YOUR USE OF ANY EQUIPMENT OTHER THAN OUR BIKE IS AT YOUR SOLE RISK. SUBJECT TO SECTION 12.4, THE EQUINOX MEDIA PARTIES DO NOT MAKE AND HEREBY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES REGARDING THE SAFETY, STABILITY OR SUITABILITY OF ANY EQUIPMENT OTHER THAN OUR BIKE FOR USE WITH THE SERVICE OR SOULCYCLE-BRANDED CONTENT, AND THE EQUINOX MEDIA PARTIES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY, PHYSICAL HARM, DISMEMBERMENT AND DEATH, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF ANY EQUIPMENT OTHER THAN OUR BIKE.
10.3 Your Health Representations. By using the Service, you are representing and warranting to Equinox Media that you are in good health and have no injury, impairment, disability, disease, ailment or condition, that prevents you from, and otherwise do not know of any reason that you cannot or should not, properly or safely engaging in active or passive exercise or otherwise using the Service or that could cause increased your risk of injury or adverse health consequences as a result of your engagement in exercise or other use of the Service. YOU UNDERSTAND AND AGREE THAT ADVICE AND INSTRUCTOR GUIDANCE IS NOT A SUBSTITUTE FOR LISTENING TO YOUR OWN BODY OR YOUR HEALTHCARE PROVIDER’S ADVICE OR RECOMMENDATIONS. IF ANY INSTRUCTOR GUIDANCE ADVICE IN THE SERVICE. IF YOU EXPERIENCE ANY PAIN, DIFFICULTY, DIZZINESS, ILLNESS, OR DISCOMFORT, WHEN USING THE SERVICE OR FOLLOWING ANY ADVICE, OR IF ANY INSTRUCTOR GUIDANCE OR ADVICE CONFLICTS WITH WHAT HEALTHCARE PROVIDER HAS ADVISED, STOP YOUR USE OF THE SERVICE AND CONSULT YOUR HEALTHCARE PROVIDER AND/OR SEEK EMERGENCY MEDICAL ATTENTION IMMEDIATELY.
10.4 Assumption of Risk. By using the Service, including the Content and Advice provided through the Service, you acknowledge that you have voluntarily chosen to participate in an intense physical program that may involve strength, endurance, flexibility, aerobic, cardio or other exercises, and physical and emotional exertion and stress, all of which can be potentially hazardous, and you further acknowledge that the specific risks vary from one activity to another, but range from (1) minor injuries such as scratches, bruises, sprains, and fainting; (2) major injuries such as eye injuries, joint or back injuries, heart attacks, rhabdomyolysis, and concussions; and (3) catastrophic injuries, including paralysis and death. IN CONSIDERATION OF YOUR RIGHTS TO ACCESS AND USE THE SERVICE, AND ON BEHALF OF YOUR HEIRS, BENEFICIARIES, DISTRIBUTEES, LEGAL REPRESENTATIVES, SUCCESSORS, AND ASSIGNS, YOU HEREBY VOLUNTARILY AND KNOWINGLY ACKNOWLEDGE AND ASSUME ALL RISKS ASSOCIATED WITH YOUR FAILURE TO USE REASONABLE CARE WHEN USING THE SERVICE AND/OR YOUR USE OF THE SERVICE OTHER THAN FOR ITS INTENDED PURPOSE, AND YOU HEREBY AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE EQUINOX MEDIA PARTIES FROM ANY AND ALL CLAIMS OF ANY NATURE WHATSOEVER, INCLUDING ANY PROPERTY DAMAGE, PERSONAL INJURY, INJURY TO OTHERS OR DEATH, TO THE EXTENT ANY OF THE FOREGOING ARISE OUT OF OR RELATE IN ANY WAY TO YOUR NEGLIGENCE, INTENTIONAL ACTS AND/OR FAILURE TO EXERCISE REASONABLE CARE WHEN ACCESSING AND USING THE SERVICE.
11 | GENERAL DISCLAIMERS
11.1 | Your Experience. While we strive to provide a positive experience, we cannot and do not guarantee that the Service, including any Content therein, will always be fully-functional, current or accurate or that it will meet your needs, goals or expectations. The quality of the Service and display of Content may vary and can be affected by a variety of factors, including your location, internet speed or bandwidth availability, device or equipment configuration, settings and capabilities, and the specific Content or function you are attempting to access. Internet data usage charges may apply when accessing and using the Service; check with your internet, wireless or cellular provider for information on possible charges. You are solely responsible for all charges associated with your access and use of the Service. Descriptions provided through the Service are approximate and are provided for convenience purposes only. YOU ACKNOWLEDGE AND AGREE THAT, SUBJECT TO SECTION 12.4: (1) THE SERVICE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS; (2) YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR OWN RISK, AND (3) THE EQUINOX MEDIA PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES, AND HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, OF ANY KIND RELATED TO THE SERVICE, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY (A) WARRANTIES OF MERCHANTABILITY, TITLE, AVAILABILITY, QUIET ENJOYMENT, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE AND (B) WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, BE COMPATIBLE WITH YOUR DEVICES, HARDWARE OR SOFTWARE, BE OR REMAIN FREE FROM DEFECTS, INTERRUPTIONS, INACCURACIES, ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS OR CODE. The foregoing disclaimers do not limit or alter the Limited Bike Warranty expressly set forth in Section 3.1 of the Additional Terms: Service Memberships and Purchases or any other express product warranty that may be made to you by any third-party manufacturer of any Product.
11.2 | Waiver and Release. IN CONSIDERATION OF YOUR RIGHTS TO ACCESS AND USE THE SERVICE, AND ON BEHALF OF YOUR HEIRS, BENEFICIARIES, DISTRIBUTEES, LEGAL REPRESENTATIVES, SUCCESSORS, AND ASSIGNS, YOU HEREBY VOLUNTARILY AND KNOWINGLY, FOREVER WAIVE, RELEASE, COVENANT NOT TO SUE, DISCHARGE AND HOLD HARMLESS THE EQUINOX MEDIA PARTIES FROM, AND THE EQUINOX MEDIA PARTIES WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR, ANY LOSSES OR DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY, INCLUDING FOR ANY PROPERTY LOSS OR DAMAGE, LOSS OF EARNINGS OR EARNING CAPACITY, PERSONAL INJURY, ILLNESS OR IMPAIRMENT, PHYSICAL PAIN, MENTAL ANGUISH, PARALYSIS, HEART ATTACK OR DEATH, ARISING OUT OF, IN CONNECTION WITH OR RELATED TO THESE TERMS, YOUR ACCESS TO AND USE OF THE SERVICE, YOUR PURCHASES AND THE USE OR NON-USE OF ANY SERVICE, CONTENT OR PRODUCT PROVIDED OR OFFERED HEREUNDER, WHETHER RELATED TO EXERCISE OR NOT AND REGARDLESS OF LEGAL THEORY OR WHETHER ARISING IN OR BY STATUTE, TORT, CONTRACT, STRICT LIABILITY, BREACH OF WARRANTY OR OTHERWISE AND WHETHER SUCH LOSSES OR DAMAGES ARE KNOWN OR UNKNOWN TO YOU OR ANY OTHER PERSON; PROVIDED THAT THE FOREGOING RELEASE AND WAIVER OF LIABILITY SHALL NOT APPLY TO ANY LOSSES OR DAMAGES CAUSED BY OR RESULTING FROM THE NEGLIGENCE OF ANY EQUINOX MEDIA PARTY TO THE EXTENT SUCH DISCLAIMER PROHIBITED BY LAW. NONETHELESS, THIS RELEASE IS INTENDED BY BOTH PARTIES TO BE AS BROAD IN EFFECT AS ALLOWED BY LAW AND SHALL COVER OR INCLUDE ANY CLAIM OR DEMAND YOU HAVE, HAD OR EVER WILL HAVE. ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, AND ANY SIMILAR APPLICABLE LAW, ARE HEREBY EXPRESSLY WAIVED. SECTION 1542 READS AS FOLLOWS: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
12 | LIMITATIONS OF LIABILITY
12.1 Sole and Exclusive Remedy. SUBJECT TO SECTION 12.4, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICE OR ANY PRODUCT, IN ADDITION TO ANY APPLICABLE RETURN POLICIES, IS TO STOP USING THE SERVICE OR PRODUCT AND, WHERE APPLICABLE, CANCEL ANY ASSOCIATED SERVICE MEMBERSHIP.
12.2 Limitation of Liability. SUBJECT TO SECTION 12.4, THE EQUINOX MEDIA PARTIES WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING ANY DEATH, PERSONAL INJURY, LOSS OF USE, LOSS OF PROFITS OR GOODWILL, LOSS OF DATA (INCLUDING LOSS OF USER CONTENT), DAMAGE TO DEVICES, EQUIPMENT, HARDWARE, SOFTWARE OR OTHER PROPERTY, OR ANY OTHER TANGIBLE OR INTANGIBLE LOSS, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, ANY CONTENT PRODUCT, OR OTHERWISE IN ANY WAY RELATING TO THESE TERMS, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT ANY EQUINOX MEDIA PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE.
12.3 Limitation of Damages. IN ADDITION, IF AND TO THE EXTENT EQUINOX MEDIA IS LIABLE FOR ANY DIRECT DAMAGES FOR ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, ANY CONTENT OR PRODUCT, OR THESE TERMS, THEN, SUBJECT TO SECTION 12.4, THE AGGREGATE LIABILITY OF EQUINOX MEDIA FOR SUCH DIRECT DAMAGES WILL BE LIMITED TO GREATER OF (A) ONE HUNDRED DOLLARS ($100.00 USD) OR (B) (I) IF YOUR CLAIM RELATES TO THE SERVICE, THE AMOUNT YOU PAID TO EQUINOX MEDIA FOR ACCESS TO THE SERVICE IN THE SIX (6) MONTH PERIOD PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO SUCH CLAIM AND (II) IF YOUR CLAIM RELATES TO THE BIKE OR ANOTHER PRODUCT YOU HAVE PURCHASED THROUGH THE SERVICE, THE AMOUNT YOU PAID TO EQUINOX MEDIA FOR SUCH BIKE OR OTHER PRODUCT.
12.4 Exclusions. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THESE TERMS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND THE EQUINOX MEDIA PARTIES DO NOT DISCLAIM ANY WARRANTY, LIABILITY FOR CERTAIN DAMAGES, OR OTHER RIGHT THAT THEY ARE PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW, AND YOU MAY HAVE GREATER RIGHTS UNDER SUCH APPLICABLE LAWS.
13 | ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES (AS DEFINED BELOW) WITH EQUINOX MEDIA AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
1.1 Informal Dispute Resolution. Our goal is to do our best to ensure that every experience with our business and the Service will exceed your expectations. If that doesn’t happen, we hope you will give us the opportunity to try to address any problem or concern. To do so, please contact us at email@example.com. When contacting us, we ask that you include your name, address, phone number and email address, and a description of your problem or concern and any specific relief you seek.
1.2 Arbitration Agreement. By using the Service, you and Equinox Media agree to submit any and all Disputes (as defined below) to binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), which shall govern the interpretation and enforcement of this arbitration agreement (“Arbitration Agreement”). Arbitration shall be before either (1) JAMS (formerly known as Judicial Arbitration and Mediation Services), www.jamsadr.com, or (2) the American Arbitration Association (“AAA”), www.adr.org. If you initiate arbitration, you shall have the choice as between these two arbitration forums; if Equinox Media initiates arbitration, it shall have the choice as between these two arbitration forums.
YOU AND EQUINOX MEDIA EACH HEREBY AGREE THAT, EXCEPT AS PROVIDED IN THE DEFINITION OF DISPUTES BELOW, ANY AND ALL DISPUTES WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, INCLUDING ALL ISSUES RELATING TO THE ENFORCEABILITY, INTERPRETATION, SCOPE, AND APPLICATION OF THIS ARBITRATION AGREEMENT (SUCH AS “GATEWAY” ISSUES OF ARBITRABILITY, WHETHER THE ARBITRATION AGREEMENT IS UNCONSCIONABLE OR ILLUSORY AND ANY DEFENSE TO ARBITRATION) WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT BY A JUDGE OR JURY, IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.
1.3 Class Action Waiver. By using the Service, you agree that the arbitration of any Dispute (as defined below) shall be conducted on an individual, not a class-wide basis, and that no such arbitration proceedings may be consolidated with any other arbitration or other legal proceedings involving Equinox Media or any other person. You further agree that you, and anyone asserting a claim through you, will not be a class representative, class member, or otherwise participate in a class, representative, or consolidated proceeding against Equinox Media. We and you agree that the arbitrator of any Dispute between us may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claim (such as a class action, representative action, consolidated action or private attorney general action). If the foregoing class action waiver (“Class Action Waiver”) or any portion thereof is found to be invalid, illegal, unenforceable, unconscionable, void or voidable, then the Arbitration Agreement will be unenforceable, and the Dispute will be decided by a court. Any claim that all or part of the Class Action Waiver is invalid, illegal, unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
1.4 Definition of Dispute. Except as described in the following paragraph, the term “Dispute” in this Arbitration Agreement and Class Action Waiver means any dispute, claim, or controversy between you and Equinox Media regarding any aspect of your relationship with Equinox Media, whether based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal, statutory or equitable theory, whether related to the access to and use of the Service or otherwise, and includes the validity, enforceability or scope of these Terms, except for the scope, enforceability and interpretation of the Arbitration Agreement and Class Action Waiver.
However, “Dispute” SHALL NOT include any (1) personal injury claim, claim for lost, stolen or damaged property, or any individual action in small claims court; (2) claim that all or part of the Class Action Waiver is invalid, unenforceable, unconscionable, void or voidable, (3) claim for public injunctive relief, i.e., injunctive relief that has the primary purpose and effect of prohibiting alleged unlawful acts that threaten future injury to the general public and (4) any enforcement action, validity determination or other claim arising from or relating to infringement, misappropriation, theft, piracy or other unauthorized use of intellectual property. Such claims may be determined only by a court of competent jurisdiction and not by an arbitrator.
1.5 How Will the Arbitration Work? Either you or Equinox Media may initiate arbitration proceedings. The arbitration will be conducted before a single arbitrator. The arbitration will be an individual arbitration, and shall in no event be commenced as a representative or class arbitration. If you or Equinox Media initiate arbitration, you and we have a choice of doing so before JAMS or the AAA:
For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols for Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267.
Which particular rules apply in AAA arbitration will depend on how much money is at issue. For less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes/Consumer Arbitration Rules will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879.
If required for the enforceability of the Arbitration Agreement under the Federal Arbitration Act, Equinox Media will pay all arbitrator’s costs and expenses. If not, those costs will be paid as specified in the above-referenced rules.
1.6 Where Will the Arbitration Be Held? You can bring the arbitration in either New York or in the state where you live if there is a JAMS or AAA in that state. In the event that Equinox Media initiates an arbitration, it will only do so in the state where you live before either JAMS or AAA, unless there is no JAMS or AAA in your state, in which case Equinox Media may initiate the arbitration in New York. As set forth in Section 14.1 below, the arbitrator will apply New York law.
2 | GENERAL
2.1 Governing Law. These Terms, as well as your interactions with the Service and with use, will be governed by the laws of the State of New York, without regard to any conflict of law principles. For any Dispute that is not subject to arbitration or cannot be heard in small claims court, you and Equinox Media hereby irrevocably consent and submit to the personal and exclusive jurisdiction of the state courts and federal courts located within New York City, New York and waive all objections thereto.
2.2 Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
2.3 Miscellaneous. These Terms, together with the Additional Terms and any other agreements, policies or documents, referenced in these Terms or otherwise made available to you as part of the Service, constitute the entire and exclusive understanding and agreement between you and Equinox Media in connection with the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign or transfer these Terms, or delegate any rights or obligations under these Terms, in whole or in part, by operation of law or otherwise at any time without notice or consent. Our failure to enforce any provision or exercise any right under these Terms will not constitute a waiver of such provision, nor will any written waiver by us of any breach or default of these Terms be a waiver of any subsequent breach or default. Any waiver will be effective only if in writing signed by an authorized representative of Equinox Media. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. If any part of these Terms is held to be invalid or unenforceable by an arbitrator or court of competent jurisdiction, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
3 | CONTACT US
Our corporate offices are located at 513 West 54th Street, New York, NY 10019. If you have questions regarding the Service or these Terms, or would like to request support for the Service, please contact us at firstname.lastname@example.org or (315) 992-7770. For questions about Equinox Clubs or your Equinox Membership, please contact email@example.com. We will attempt to respond to all requests within a reasonable time frame, but we cannot assure you that a responsible will be provided within any particular time frame or that we will be able to answer any such requests.
ADDITIONAL TERMS: EQUINOX MEMBERS
1 | RELATIONSHIP WITH EQUINOX
If you have a membership to access and use any Equinox club locations, including Equinox fitness clubs, sports clubs, E by Equinox and other locations (an “Equinox Membership”), your Equinox Membership is and remains with Equinox Holdings, Inc. (“Equinox”) and subject to the terms of your membership agreement with Equinox, together with these Additional Terms. Please continue to direct any questions about your Equinox Membership and the associated terms to Equinox at firstname.lastname@example.org.
2 | EQUINOX MEMBER APP
The EQUINOX+ App replaces the stand-alone Equinox-branded member app, and will provide you with information about Equinox clubs such as hours, class schedules and contact information and the ability to interact with Equinox such as by booking a club visit or class, as well as access to and use of the Service and Content. You must maintain an Account in order to use the App, and your existing Equinox member app log-in credentials will be used to access the App and may thereafter be updated within your Account settings. The email address associated with the App must remain the same as the email address associated with your Equinox Membership. While Equinox and Equinox Media strive to provide a positive experience, they cannot and do not guarantee that the App or any information thereof will always be fully-functional, current or accurate. For up-to-date information on Equinox club locations and your Equinox Membership, please contact the relevant Equinox club location or our Member Concierge at email@example.com.
3 | MEMBER ACCESS TO THE SERVICE
An active Equinox Membership in good standing currently includes complimentary access to the Service; however, Equinox reserves the right to, in its sole discretion, change the terms on which members are permitted to access the Service as part of an Equinox Membership, including by imposing fees or by limiting your access to the Service if your Equinox Membership is on freeze. By using the App you are authorizing Equinox Media to access information associated with your Equinox Membership and to communicate with you about and in regards to your use of the Service. The Service is offered by Equinox Media, and these Terms are between you and Equinox Media, not Equinox. Your use of the Service, including the App, is subject at all times to these Terms. Equinox is not responsible or liable for the Service or your use thereof, including if you use the Service to interact with Equinox or from within an Equinox club location. During the time that your Account is associated with your Equinox Membership, certain portions of these Terms may not apply, or may apply differently, to you, as further described in any additional terms, conditions, policies or rules communicated to you by Equinox Media and/or Equinox. Your access to the Service will be automatically suspended and/or cancelled if your Equinox Membership is cancelled or terminated, or, in Equinox’s sole discretion, if it is frozen, for any reason; or if the terms of your Equinox Membership cease to include access to the Service, complimentary or otherwise; or if the email address on-file for the Service becomes different from the email address associated with your Equinox Membership. If you wish to subscribe to the Service directly after your Equinox Membership ends, you will be required to purchase in a Service Membership. If you have an existing Service Membership at the time you join Equinox, with an Equinox Membership that includes access to the Service, please contact us at firstname.lastname@example.org so we can transition your account accordingly.
5 | ARBITRATION AGREEMENT WITH EQUINOX AND CLASS ACTION WAIVER
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN MEMBER DISPUTES (AS DEFINED BELOW) WITH EQUINOX AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM EQUINOX.
5.1 Informal Dispute Resolution. Our goal is to do our best to ensure that every experience with Equinox and your Equinox Membership will exceed your expectations. If that doesn’t happen, we hope you will give us the opportunity to try to address any problem or concern. To do so, please contact us at email@example.com. When contacting us, we ask that you include your name, address, phone number and email address, and a description of your problem or concern and any specific relief you seek.
5.2 Arbitration Agreement. By using the Service as part of your Equinox Membership, you and Equinox agree to submit any and all Disputes (as defined below) to binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), which shall govern the interpretation and enforcement of this arbitration agreement (“Arbitration Agreement”). Arbitration shall be before either (1) JAMS (formerly known as Judicial Arbitration and Mediation Services), www.jamsadr.com, or (2) the American Arbitration Association (“AAA”), www.adr.org. If you initiate arbitration, you shall have the choice as between these two arbitration forums; if Equinox initiates arbitration, it shall have the choice as between these two arbitration forums.
YOU AND EQUINOX EACH HEREBY AGREE THAT, EXCEPT AS PROVIDED IN THE DEFINITION OF DISPUTES BELOW, ANY AND ALL DISPUTES WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, INCLUDING ALL ISSUES RELATING TO THE ENFORCEABILITY, INTERPRETATION, SCOPE, AND APPLICATION OF THIS ARBITRATION AGREEMENT (SUCH AS “GATEWAY” ISSUES OF ARBITRABILITY, WHETHER THE ARBITRATION AGREEMENT IS UNCONSCIONABLE OR ILLUSORY AND ANY DEFENSE TO ARBITRATION) WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT BY A JUDGE OR JURY, IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.
5.3 Class Action Waiver. By using the Service as part of your Equinox Membership, you agree that the arbitration of any Dispute (as defined below) shall be conducted on an individual, not a class-wide basis, and that no such arbitration proceedings may be consolidated with any other arbitration or other legal proceedings involving Equinox or any other person. You further agree that you, and anyone asserting a claim through you, will not be a class representative, class member, or otherwise participate in a class, representative, or consolidated proceeding against Equinox. We and you agree that the arbitrator of any Dispute between us may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claim (such as a class action, representative action, consolidated action or private attorney general action). If the foregoing class action waiver (“Class Action Waiver”) or any portion thereof is found to be invalid, illegal, unenforceable, unconscionable, void or voidable, then the Arbitration Agreement will be unenforceable, and the Dispute will be decided by a court. Any claim that all or part of the Class Action Waiver is invalid, illegal, unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
5.4 Definition of Dispute. Except as described in the following paragraph, the term “Dispute” in this Arbitration Agreement and Class Action Waiver means any dispute, claim, or controversy between you and Equinox regarding any aspect of your Equinox Membership and/or relationship with Equinox, whether based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal, statutory or equitable theory, whether related to the access to and use of the Service or otherwise, and includes the validity, enforceability or scope of these Terms, except for the scope, enforceability and interpretation of the Arbitration Agreement and Class Action Waiver.
However, “Dispute” SHALL NOT include any (1) personal injury claim, claim for lost, stolen or damaged property, or any individual action in small claims court; (2) claim that all or part of the Class Action Waiver is invalid, unenforceable, unconscionable, void or voidable, and (3) claim for public injunctive relief, i.e., injunctive relief that has the primary purpose and effect of prohibiting alleged unlawful acts that threaten future injury to the general public. Such claims may be determined only by a court of competent jurisdiction and not by an arbitrator.
5.5 How Will the Arbitration Work? Either you or Equinox may initiate arbitration proceedings. The arbitration will be conducted before a single arbitrator. The arbitration will be an individual arbitration, and shall in no event be commenced as a representative or class arbitration.
If you or Equinox initiate arbitration, you and we have a choice of doing so before JAMS or the AAA:
For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols for Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267.
Which particular rules apply in AAA arbitration will depend on how much money is at issue. For less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes/Consumer Arbitration Rules will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879.
If required for the enforceability of the Arbitration Agreement under the Federal Arbitration Act, Equinox will pay all arbitrator’s costs and expenses. If not, those costs will be paid as specified in the above-referenced rules.
ADDITIONAL TERMS: SERVICE MEMBERSHIPS AND PRODUCT PURCHASES
1 | SERVICE MEMBERSHIP
1.1 Service Memberships. To access and use certain features, functions and Content within the Service, you may be required to have a subscription to the Service, whether purchased on a stand-alone basis, in connection with the Bike, or otherwise (a “Service Membership”). YOUR SERVICE MEMBERSHIP WILL CONTINUE AND AUTOMATICALLY RENEW, AND YOU WILL BE CHARGED, ON A MONTHLY RECURRING BASIS, UNTIL CANCELLED. IF YOU PURCHASE A BIKE, YOU MUST PURCHASE AND MAINTAIN A SERVICE MEMBERSHIP FOR THAT BIKE FOR A 12-MONTH MINIMUM COMMITMENT PERIOD AND YOU MAY NOT CANCEL YOUR SUBSCRIPTION EARLY. After the 12-month minimum commitment period, your Service Membership will continue on a month-to-month basis until cancelled as described in Section 2 of these Additional Terms. Contact us at firstname.lastname@example.org with any questions. If you have an Equinox Membership that includes complimentary access to the Service, see Additional Terms: Equinox Members above for information about your access to the Service.
1.2 Fees and Recurring Billing. Your Service Membership is subject to your payment of a monthly fee, plus taxes (your “Service Membership Fee”) on a recurring monthly basis. Service Membership Fees are fully earned upon payment and are not subject to any refund, credit or offset, pro-rata or otherwise, upon cancellation. Your Service Membership Fee will be charged to you, using your payment method on-file, each month on your Service Membership Billing Date until you cancel your Service Membership. Your “Service Membership Billing Date” is generally the date you purchase your Service Membership, unless otherwise specifically noted at the time of purchase—for example, if you participate in a free trial where billing starts at a later date specified during checkout. In addition, if your purchase your Service Membership alongside a Bike purchase, your “Service Membership Billing Date” will not be the date of purchase, but instead will be the date you activate the Service by creating and logging into your Account on the Bike. We reserve the right to change the amount of your Service Membership Fee upon at least thirty (30) days’ notice to you. We may also change you Service Membership Billing Date, and will provide you at least thirty (30) days’ notice to you of any permanent change to your Service Membership Billing Date. However, we will not notify you nor be liable if your Service Membership Billing Date occurs on a different day due to circumstances outside our reasonable control, such as bank delays, and we may temporarily adjust your Service Membership Billing Date as a result of such circumstances without notice. YOU AFFIRMATIVELY CONSENT AND AUTHORIZE EQUINOX MEDIA TO CHARGE YOU ON EACH SERVICE MEMBERSHIP BILLING DATE FOR YOUR SERVICE MEMBERSHIP FEE FOR AS LONG AS YOUR SERVICE MEMBERSHIP CONTINUES.
1.3 Authorization and Payment On-File. By providing a credit card or other accepted payment method at the time of purchase or otherwise adding a payment method to your Account, you represent and warrant that you are authorized to use such payment method and you here hereby authorize Equinox Media to charge all applicable amounts for your purchases including recurring payments for your Service Membership Fee, and any and all applicable shipping and handling costs, fees, taxes and other amounts due, to such payment method. You are required to maintain a payment method on-file in your Account as a condition of having a Service Membership. You are responsible for ensuring that your payment method information remains current, and you can update or change your payment method information at any time by logging into your Account. By updating your payment method on file you are authorizing Equinox Media to continue billing and charge to that payment method your Service Membership Fee, and any other amounts you may owe, on a recurring basis.
1.4 Past-Due Balances. We reserve the right to take any lawful action in response to any past-due Service Membership Fees or other charges, including: (1) charging the primary payment method on-file or any other payment methods we may have on file for your Account; (2) cancelling your Service Membership or otherwise suspending your access to Service until all past-due amounts are paid; (3) charging you interest on past-due amounts; and/or (4) providing your information, including without limitation name and contact information, to a collections agency who will attempt to collect your past-due amounts on behalf of Equinox Media. You will be responsible for any collection and/or legal costs incurred by Equinox Media in collecting any past-due amounts associated with your Service Membership. Equinox Media may charge you a $20 fee for each credit card charge or check that is dishonored or rejected as invalid. Please note that cancellation of your Service Membership will not relieve you of your obligation to pay any past-due or outstanding amounts.
2 | CANCELLATION
You may cancel your Service Membership online at any time by either (1) emailing us at: email@example.com and following the instructions in the response or (2) logging into your Account through our website, at http://www.equinoxplus.com/account, selecting 'Cancel Membership,' and confirming your selection. You must cancel your Service Membership before your next Service Membership Billing Date in order to avoid being charged the Service Membership Fee for the next month. If you purchased your Service Membership through a third party, you may need to contact that third party to cancel your Service Membership, for example by turning off auto-renew for the Service Membership with the applicable third party. Once cancelled, your Service Membership and access to the Service will automatically end at the end your current monthly billing period, and you will lose access to any Service features, functions and Content that requires a membership, including access to the Service on the Bike. Please note that we may still send you promotional communications about Equinox Media (including about the Service, Products or affiliates of Equinox Media), unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.
3 | BIKES AND PRODUCTS
3.1 Limited Warranty for Bike. Bike purchases are accompanied by a limited warranty, available at www.equinoxplus.com/warranty (the “Limited Warranty”). You should review the Limited Warranty, including the warranty exclusions, before making a purchase decision. Your Limited Warranty may be voided by Unauthorized modifications to the Bike, improper or negligent assembly, maintenance, installation, relocation or repair (other than by an Equinox Media-authorized service technician), use of the Bike with parts or accessories not provided by or expressly approved by Equinox Media in writing, resale of the Bike and/or or any use contrary to the instructions in the User Manual or Safety Instructions. These actions may also result in loss of access to the Service or loss of some or all functionality of your Bike. The Limited Warranty, together with the User Manuel and Safety Instructions, are Additional Terms that form a part of these Terms. Use of the Bike also requires certain additional accessories (including compatible cycling shoes) that are not included with the Bike and must be purchased separately.
3.2 Product Availability and Disclaimers. Products and the Service are subject to estimated availability, and are not available in all locations, and Equinox Media cannot and do not guarantee that the Service or any Product will be available for purchase or in your location. We reserve the right to, in our sole discretion, discontinue or modify any Product or the Service, at any time and without notice to you. While we endeavor to depict Products and the Service accurately, descriptions, images and specifications are provided for informational purposes only and we cannot and do not guarantee their accuracy. On-screen details (such as color, pattern and texture, etc.) depend on your monitor and device settings and may not reflect the actual details of a Product or the Service when you receive or access it. We also sell Products that have been manufactured by third-parties and rely on the product information provided by those third parties. AS YOUR SOLE AND EXCLUSIVE REMEDY, AND EQUINOX MEDIA’S SOLE AND EXCLUSIVE LIABILITY, FOR ANY ERROR IN CONNECTION WITH YOUR PURCHASE, WHETHER RELATED TO THE PRODUCT DESCRIPTION, ORDER CONFIRMATION, PROCESSING, DELIVERY OR OTHERWISE, EQUINOX MEDIA RESERVES THE RIGHT TO CORRECT SUCH ERROR AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A REFUND OR CREDIT FOR THE AMOUNT YOU PAID. SUBJECT TO SECTION 12.4, (1) ALL PRODUCTS ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS; (2) YOUR USE OF PRODUCTS IS AT YOUR OWN RISK, AND (3) THE EQUINOX MEDIA PARTIES DO NOT MAKE AND HEREBY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND RELATED TO PRODUCTS, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY (A) WARRANTIES OF MERCHANTABILITY, TITLE, AVAILABILITY, QUIET ENJOYMENT, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE AND (B) WARRANTIES THAT THE PRODUCT WILL MEET YOUR REQUIREMENTS, BE COMPATIBLE WITH YOUR DEVICES, HARDWARE OR SOFTWARE, BE OR REMAIN FREE FROM DEFECTS, INTERRUPTIONS, INACCURACIES, ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS OR CODE. This Section does not limit or alter the Limited Bike Warranty set forth in Section 3.1 of these Additional Terms or any other express product warranty that may be made to you by any third-party manufacturer of any Product.
4 | PRICING AND PROMOTIONS
4.1 Pricing. Unless otherwise specifically noted, prices for Products and Service Memberships are shown in U.S. Dollars and any shipping and handling costs, sales and other tax, assembly fees and other charges, if any, are additional and will be added at the time of purchase. Prices, as well as shipping and handling costs, taxes and other fees and charges, are set by Equinox Media, and we reserve the right to adjust any pricing or other amounts for any Product and/or Service Membership at our sole discretion, at any time and without notice, other than the notice of Service Membership Fee changes described in Section 1.2 of these Additional Terms. However, we will not notify you of changes to the amount of taxes you may be charged in connection with your Service Membership Fee, and you agree that amount of taxes shown at the time of purchase of a Service Membership may thereafter be adjusted.
4.2 Promotional Offers. Equinox Media may make promotional offers available from time to time, including special pricing, product or service bundles or packages, and free trials. Promotional offers are subject to eligibility criteria and additional terms and conditions (including those of applicable third parties), which will be provided to you at the time you sign-up or the offer or in other communications made available to you. We will determine offer eligibility in our sole discretion, and may use information such as device ID, method of payment or contract information to determine offer eligibility. We reserve the right to revoke any offer, and suspend your access to the Service, if we determine you are not or were not eligible for an offer We also reserve the right to, in our sole discretion, modify or terminate any promotional offer, including free trials, at any time, without notice or liability to you.
4.3 Free Trials. Certain promotional offers may involve a free trial where you will receive access to the Service for a specified period of time without payment. Free trial promotions are limited to one (1) offer per household. If your free trial offer does not require you to purchase a Service Membership, your complimentary access to the Service will automatically cease without any further notice or other obligation to you upon expiration of the applicable free trial period. If your free trial offer is in connection with purchasing a Service Membership, you will be required to provide a payment method at the time you sign up for the free trial offer, and you will begin to be billed your Service Membership Fee automatically upon expiration of the free trial period and thereafter on a recurring basis or as long as your Service Membership continues. If the terms of your promotional offer expressly permit you to cancel your Service Membership prior to the end of your free trial, you are responsible for keeping track of the date your free trial ends and you cancel your Service Membership before your free trial period expires or you will be automatically charged the Service Membership Fee. You will not receive a notice from us that your free trial is ending or that the paid portion of your service membership has begun. See Section 2 of these Additional Terms for information on cancelling your Service Membership. Additionally, as part of a free trial where you are required to provide a method of payment, you may see a "pending authorization charge" of $1 on your designated payment method statement. This is not an actual charge, and no amount is being collected; this is a temporary authorization hold used to verify that your provided payment method is active and valid for future transactions. The temporary hold is typically released in 3-5 business days depending on your bank's policy. If a hold has not been released in more than 30 days, please contact your bank.
5 | PRODUCT ORDERS AND DELIVERY
5.1 Orders. Your order constitutes an offer to purchase a Product or Service Membership, and all orders are subject to our acceptance. To the maximum extent permitted by applicable law, we may, in our sole discretion, accept, reject or restrict your orders, including by limiting the quantities purchased, restricting where we will ship or provide Products or Services, an/or imposing other eligibility or purchasing criteria. However, you acknowledge and agree that by clicking on the “Place Order” or other similar button, you are entering into an obligation to pay for the Products and/or Service Membership you are purchasing. Unless otherwise specified at the time of purchase, payment, including any applicable shipping and handling costs, taxes or other charges, must be paid when you place your order, and we reserve the right to cancel any order or suspend its shipment or delivery until full payment is received. We will inform you, by email to the address provided in your order, once your order has been confirmed; however, any failure of you to receive or review an order confirmation does not eliminate your responsibility to pay your order. If we reject your offer, we will, as your sole and exclusive remedy and Equinox Media’s sole and exclusive liability, cancel the order refund the amount you paid, as described in Section 6 of these Additional Terms. Please contact us at firstname.lastname@example.org with any questions regarding your order. All orders are non-refundable unless otherwise specified stated at the time of purchase or expressly permitted under these Terms.
5.2 Shipping and Delivery. See Section 5.3 of these Additional Terms for additional delivery terms that apply to the Bike. You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to fulfil your order in any number of separate shipments, and the modes of transport and carriers will
5.3 be determined in our sole discretion. Your order will be shipped to the address you specify when placing your order. If your address is geographically remote or otherwise difficult to deliver to, we may cancel your order and issue a refund as described in Section 6 of these Additional Terms. Shipping/delivery is handled by a third-party courier or provider. Shipping/delivery times shown at the time of purchase are estimates only; actual shipment and delivery dates may vary and are subject to availability and scheduling and may be delated due to events beyond our control such as inclement weather, labor or supply shortages and errors in your address. While we endeavor to meet any estimated shipping and delivery schedules, EQUINOX MEDIA WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DELAYS OR FAILURE IN ANY SHIPMENT OR DELIVERY. In the event of any such delay or failure, Equinox Media will have the right, at its option, without penalty or any liability for breach, to reschedule delivery or shipment or to cancel your order and issue a refund. Title to the Bike and any other Product you purchase will pass to you when it is delivered to our third-party carrier for delivery to you, after which all risk of loss or damage to the Bike or other Product will be your responsibility. We may change our shipping and delivery policies and practices at any time, without notice or liability to you.
5.4 Bike Delivery. The Bike will be delivered by a third-party courier to you at the delivery address you provide in your order, and the third-party courier will contact you following your order to arrange a delivery date and time. You will be responsible for ensuring that all requirements for delivery to your residence, including verifying adequate clearance for delivery of the Bike and obtaining any certificate(s) of insurance that may be required by your residence, have been met prior to the date of delivery. You or a representative you authorize must present at the time of delivery for the Bike, and individual at the delivery address who accepts a delivery from us is presumed to be authorized to receive such delivery. Our third-party courier will assemble the Bike and its tablet screen, but is not otherwise responsible for assembly of any other Product or for providing training on proper use of the Bike. You must carefully review your Bike’s User Manual and Safety Instructions before using your Bike.
5.5 Inspection. You are responsible for inspecting each Product (including the Bike) for any damage, errors or other issues upon delivery. You must notify Equinox Media of any alleged damage to or defect with the Product, or other error with your order, within five (5) days after receipt, by emailing us at email@example.com. Your failure to inspect and to report any damage, defect or error that is reasonably discoverable by inspection will, to the maximum extent permitted by applicable law, constitute a waiver of any related claim against Equinox Media arising under these Terms or by law. Equinox Media is not liable for any damage or loss occurring in transit, and you agree to make any and all claims for damage or loss occurring in transit directly against the third-party carrier.
6 | RETURN POLICIES
6.1 Bike Returns. If you are a first-time Bike purchaser and are not satisfied with the Bike for any or no reason, you can request a return and refund within thirty (30) days after your delivery date. Bike returns are only available for the first Bike purchased within a household. To initiate a return, contact us at firstname.lastname@example.org. Because of the size and weight of the Bike, you will be charged a return shipping and handling fee of $250 per Bike, unless otherwise specified at the time of purchase. Equinox Media does not take title to any returned Bike until such Bike arrives back at our fulfillment center, and is not responsible or any damage or loss occurring while the Bike is in transit to us. If your Bike is returned in damaged condition, missing parts, or otherwise has signs of misuse or mishandling, we reserve the right to, in our sole discretion, refuse a refund or charge you additional fees for accepting the return. After we receive your returned Bike and have determined that the Bike is in satisfactory condition, we will issue you a refund for the price you paid for the Bike, less the applicable return shipping and handling fee. Your refund (less the return shipping and handling fee) will generally be issued to the original method of payment. if you purchased your Bike via financing or we do not otherwise do not have a payment method on-file, we may require you to provide a payment method as a condition of processing your return, and this payment method will be used to charge the return shipping and handling fee.
6.2 Other Product Returns. If you are not satisfied with any Product (other than the Bike, which is subject to the return policy in Section 6.1 above), you can request a return and refund or exchange within thirty (30) days after your delivery date. The following Products may not be returned or exchanged if they have been opened, worn or used or were purchased at a sale price: (i) shoes, (ii) clothing, (iii) water bottles, (iv) in-ear headphones, (v) heart rate or other wearable fitness monitors, or (vi) any other Product noted as being final sale at the time of your purchase. Equinox Media is not responsible for packages lost in transit without proof of tracking. To initiate a return, please contact us at email@example.com. Equinox Media does not take title to any returned Product until it arrives back at our fulfillment center, and is not responsible or any damage or loss occurring while the Bike is in transit to us. After we receive your returned Product and confirmed it is eligible or return, we will issue you a refund for the price you paid for the Product to the original payment method on your account.
6.3 Other ther Purchase Issues and Credits. If you are dissatisfied with any Product or the Service and you are not otherwise entitled to return your purchase pursuant to Section 6.1 or 6.2 of these Additional Terms, you may nonetheless contact us at firstname.lastname@example.org within thirty (30) days of the date you received the Product or access to the Service. Depending on the circumstances, we may in our sole and absolute discretion, but are not required to, replace or repair any Product at our expense, provide you a full or partial refund of the purchase price for the Product or the Service, or provide you a credit of promotional value intended to be applied to your next eligible purchase from Equinox Media (a “Credit”). Credits are subject to any additional terms and conditions described at the time such Credit is provided. Credits will typically be automatically applied to your Account, but certain Credits may require additional action on your part (e.g., entering a coupon code) in order to be applied to future purchases, which will be communicated to you at the time of issuance. Credits are promotional in nature, are not transferable, and are not redeemable for cash or other property. Credits only remain available if you maintain a valid Account. That means that if you cancel your Account, any outstanding Credits associated with your cancelled Account will immediately expire. You may only redeem Credits after they are applied to your Account. If for some reason you believe there is a discrepancy regarding your Credit balance, please contact us at email@example.com. All decisions regarding your Credit balance will be determined in our sole discretion and are final. We may require the return or photographic documentation of any Product that you are dissatisfied with before we provide you with a refund, repair, replacement or Credit, as applicable, at our election.
ADDITIONAL TERMS: iOS AND OTHER APP PRODUCTS
You acknowledge and agree that the availability of the App is dependent upon any third-party app store from which you download it (the “App Store”) and that these Terms are between you and Equinox Media, and not with the applicable App Store. Each App Store may have its own terms and conditions to which you must agree before downloading or accessing the App, and the limited rights Equinox Media grants you to use the App are conditioned upon your compliance with any and all terms and conditions of such App Store or any other applicable third party terms of agreement (e.g., with your wireless or cellular service provider).
In addition, the following terms and conditions apply to any App on an iOS device, and you and Equinox Media each hereby acknowledge that: (1) Responsibility for iOS App: the Terms, including these Additional Terms, are between you and Equinox Media only, not with Apple Inc. (“Apple”), and subject to any limitations set forth in these Terms, Equinox Media, not Apple, is solely responsible for the iOS App Service and its contents. To the extent these Terms provide for any usage rules applicable to an iOS App that are less restrictive than or otherwise conflict with the applicable Apple App Store Terms of Service, the more restrictive or conflicting provision in such Apple App Store Terms of Service will govern and apply; (2) License: the license granted to you under these Terms is limited to a non-transferable license to use the iOS App any Apple-branded product or device that you own or control, as permitted by the Usage Rules set forth in the applicable App Store Terms of Service; (3) Maintenance: to the extent any maintenance and support services for the iOS App are required under applicable law or expressly contemplated by these Terms, Equinox Media, not Apple, is solely responsible for such services; Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS App: (4) Warranties: Equinox Media, not Apple, is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed or limited under these Terms. If the iOS App fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price (if any) for such iOS App to you. However, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the iOS App; (5) Claims: Equinox Media, not Apple, is responsible for addressing any claims you or any third party may have relating to the iOS App or your possession and/or use of the iOS App, including: (a) product liability claims; (b) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. However, you acknowledge and agree that Equinox Media’s responsibility for the foregoing claims is limited and disclaimed, to the maximum extent permitted by applicable law, as further described in these Terms; (6) Infringement: if any third party claim that the iOS App, or your possession and use of the iOS App, infringes that third party’s intellectual property rights, Equinox, Apple is solely responsible for any investigation, defense, settlement and discharge of such third party intellectual property infringement claim; (7) Your Representations: you hereby represent and warrant that you are not (a) located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country or (b) on any U.S. Government list of prohibited or restricted parties; and (8) Third Party Beneficiaries: Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms.