Effective Date: These terms & conditions were last revised on June 8th, 2021.
By accessing or using the websites operated at peloton-technologies.com, paywithpeloton.ca and all
websites owned or operated by Peloton Technologies, Inc. and its subsidiaries and corporate affiliates
(collectively, the “Website”) and the services offered through the Website, you (“you” and, together
with all persons accessing or using the Website, collectively, the “Users”) signify that you have read,
understand and agree to be bound by these Terms and Conditions (the “Terms and Conditions”) with Peloton
Technologies, Inc. (“Peloton Technologies”, “Peloton”, “us”, “we” or “our”), in all respects with respect
to the Website.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING
YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE, BUT ARE NOT LIMITED TO, VARIOUS LIMITATION
AND EXCLUSIONS, AND INDEMNITIES.
Your use of the Website is subject to these Terms and Conditions.
If you are not willing to be bound
by each and every term or condition, or if any representation made herein by you is not true, you may not
use, and must cease using, the Website.
use, disclosure and retention by us of your personal information (whether previously collected or to be
collected) for the purposes identified therein. You also consent to our use of such personal information
herein by reference and forms an integral part of these Terms and Conditions.
- Amendments to these Terms and Conditions. We reserve the right to amend these Terms
and Conditions at any time without notice to you, but we will use reasonable efforts to publish each
amendment before such amendment becomes effective. We will ensure that the latest, fully amended version
of these Terms and Conditions is published on the Website.
You are responsible for regularly reviewing
the Website to obtain timely notice of such amendments. If any amendment is unacceptable to you, you
may terminate the agreement between you and us regarding the use of the Website as set out in these
Terms and Conditions. If you continue to use the Website after the effective date of each amendment,
you will be conclusively deemed to have accepted such amended version of these Terms and Conditions.
- Additional Services Agreement. Some Websites, content, and services offered through
the Websites may be subject to different or additional terms. By accessing any other Websites, content,
or services you agree to be bound by any additional terms that govern use of each such Website, content
or such service.
- Legal Capacity. You represent and warrant that you possess the legal right, capacity
and ability to agree to these Terms and Conditions and use the Website in accordance with them. We
understand the importance of protecting children's privacy online. The Peloton websites covered by
these Terms and Conditions are not intentionally designed for or directed at children 13 years of age
or younger. It is Peloton's policy never to knowingly collect or maintain information about anyone
under the age of 13. If you are using the Website on behalf of a corporation or other organization,
you represent and warrant that you have the ability to agree to these Terms and Conditions on behalf
of such organization and all references to "you" throughout these Terms and Conditions will include
such organization, jointly and severally with you personally.
- License. We grant to you a non-exclusive, non-transferable, limited license only
to use the Website, in accordance with the provisions set out in these Terms and Conditions. All rights
not expressly granted to you in these Terms and Conditions are reserved by us and, if applicable, our
- Your Account and Account Use. If your use of the Website requires an account
identifying you as a user of the Website (an "Account"), then,
- Responsibility — you are solely responsible for
- your Account and the maintenance, confidentiality and security of your Account
and all passwords related to your Account, and
- any and all activities that occur under your Account, including all activities
of any persons who gain access to your Account with or without your permission
- Notification — you agree to immediately notify us, to the extent that you
are or become aware, of
- any unauthorized use of your Account, any service provided through your Account
or any password related to your Account, or
- any other breach of security with respect to your Account or any service provided
through it, and you agree to provide assistance to us, as requested, to stop or
remedy any breach of security related to your Account, and
- Accuracy — you agree to provide true, current, accurate and complete
customer information as requested by us from time to time and you agree to promptly notify
us of any changes to this information as required to keep such information held by us
current, complete and accurate.
- Website Limitations. The Website depends on the Internet, including networks,
cabling, facilities and equipment that is not in our control; accordingly (i) any representation
made by us regarding access performance, speeds, reliability, availability, use or consistency
of the Website is on a "commercially reasonable efforts" basis, (ii) we cannot guarantee any
minimum level regarding such performance, speed, reliability, availability, use or consistency,
and (iii) data, messages, information or materials sent over the Internet may not be completely
private, and your anonymity is not guaranteed.
- Acceptable Use and Prohibitions.
- Lawful Use. You will ensure that
- you only use the Website for lawful purposes, and
- if at any time you become aware of any violation, by any person or entity, of any
part of these Terms and Conditions, you will immediately notify us and provide us
with assistance, as requested, to stop or remedy such violation.
- Prohibited Conduct. Without limiting the generality of any other restriction
in these Terms and Conditions, you agree that you will not, in connection with the Website,
directly or directly do or permit any of the following:
- post, upload, reproduce, distribute or otherwise transmit any Content (defined below)
- is unauthorized or unsolicited commercial communications, junk or bulk
communications or other "spam" (whether or not using e-mail services,
including instant messaging, blog or comment spam) or is otherwise
duplicative or unsolicited,
- contains a virus, cancelbot, Trojan horse, worm or other harmful,
disruptive or surreptitious component,
- is defamatory, infringing, or unlawful,
- is inappropriate, profane, obscene, indecent, or contains information without
suitable or lawfully-required access controls (which controls will in no
event be our responsibility),
- gives rise to civil liability, or otherwise violates the rights or assists
others to violate the rights of us or any third party, such violations
including engaging in copyright infringement, invasion of privacy, trademark
infringement or defamation, or
- constitutes a criminal offence, or otherwise engages in or assists others
to engage in any criminal offence, including communicating hatred, pyramid
selling, unauthorized use of a computer, mischief in relation to data,
fraud, obscenity and child pornography;
- engage in threats, harassment, intimidation, stalking or abuse or any conduct
that violates the legal rights of others, including the rights of minors
and rights relating to privacy and publicity;
- scan or probe another computer system, obstruct or bypass computer
identification procedures or engage in unauthorized computer or network
trespass without the express permission of the owners of such computer
- forge headers or otherwise manipulate any protocols or identifiers used
in any system or protocol in such a manner to disguise the origin of any
data transmitted using the Website;
- impersonate or falsely represent your association with any person,
including a representative of us;
- disrupt or threaten the integrity, operation or security of any Website, any
computer or any Internet system;
- disable or circumvent any access control or related process or procedure established
with respect to the Website;
- sublicense, share, resell, reproduce, copy, distribute, redistribute, or exploit
for any commercial purposes (except for your internal business purposes), any
portion of, use of or access to, any Website, except where expressly authorized
by us; or
- extract, gather, collect, or store personal information about others without
their express consent.
- Our Remedies. Without limiting any of our rights, we may suspend,
restrict or terminate your use of the Website without notice if, in our sole and absolute
discretion, we determine or believe that you have violated any of the acceptable use rules
set out above.
- Proprietary Rights.
- Content — "Content" means all materials and content,
including designs, editorial, text, graphics, audiovisual materials, multimedia elements,
photographs, videos, music, sound recordings, reports, documents, software, information,
formulae, patterns, data and any other work.
- Third-Party Content — Content accessed or available through the
Website or the Internet may be owned by parties other than you or us (collectively,
"Third Party Content") and may be protected by applicable copyrights,
trade-marks, patents, trade secrets or other proprietary rights and laws. Nothing in your
use of the Website or these Terms and Conditions grants you any right, title or interest
in or to this Third Party Content except for the limited right to use the Website as set
out in these Terms and Conditions. The Website may contain links to Third Party Content
on websites operated by parties other than you or us ("Third Party Websites"). We are
under no obligation to verify the accuracy of the contents on Third Party Websites, and
we do not endorse, warrant, promote or recommend any services or products that may be offered
by or accessed through such Third Party Websites or the operators of them.
- Our Content — Except where expressly stated otherwise, all right,
title and interest in and to the Website and all Content, source code, processes, designs,
technologies, URLs, domain names, marks and logos forming any part of the Website
(collectively, "Our Content") is fully vested in us, our licensors or
our suppliers and are protected by applicable copyrights, trade-marks, patents, trade
secrets or other proprietary rights and laws. You agree that Our Content is licensed
subject to the terms of these Terms and Conditions, including the disclaimers and
limitations of liability herein. Nothing in your use of the Website or these Terms and
Conditions grants you any right, title or interest in or to Our Content except the limited
right to use the Website as set out in these Terms and Conditions. Unless otherwise
expressly authorized by us in writing, you agree not to
- copy, modify, deep link, rent, lease, loan, sell, assign, sublicense, grant a
security interest in or otherwise transfer any right or interest in Our Content
- distribute, create a derivative work of, reverse engineer, reverse assemble or
otherwise attempt to discover the source code, of Our Content, to the maximum
extent that such prohibition is permitted by applicable law
- remove any proprietary notices or labels on or in Our Content, or
- allow any other person or entity to engage in any of the foregoing.
- Your Content — We do not claim ownership of any Content that you
post, upload, input, provide, submit or otherwise transmit to us, or any third party,
using the Website (collectively, "Your Content"); however, you agree that by posting,
uploading, inputting, providing, submitting, entering or otherwise transmitting your
Content to us or any third party using the Website,
- License to Us — You have thereby granted us a royalty-free,
non-exclusive, worldwide, fully paid-up limited license to use, copy, distribute,
transmit, display, edit, delete, publish and translate Your Content to the extent
reasonably required by us to provide the Website to our customers or to ensure
adherence to or enforce the terms of these Terms and Conditions,
- Your Warranty to Us — You will have thereby confirmed,
represented and warranted to us that you have all rights, titles and interests,
as well as the power and authority necessary, to grant the license to Your Content
set out above, and
- Your Indemnity of Us — You will indemnify and save us
harmless from and against any liabilities, actions, proceedings, claims, causes
of action, demands, debts, losses, damages, charges and costs, including reasonable
legal costs, any amount paid to settle any action or to satisfy a judgment and
expenses of any kind and character whatsoever incurred by us relating to or arising
from Your Content, including instances where the Your Content (A) infringes any
Third Party Content or other third-party intellectual property rights, or (B) is
inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful.
- Advertising — We will have the right, without notice, to insert
advertising data into the Website, so long as this does not involve our transmission of
- Public Transmission and Caching — You acknowledge and agree that
our management and delivery of the Website to you may involve transmission and storage of
Your Content and other Content to select service providers, including cloud service providers,
which may be located outside of Canada, and therefore may be subject to the laws and lawful
disclosure requirements of the jurisdictions(s) where Your Content and other Content is
transmitted or stored. You further acknowledge and agree that Your Content may be subject to
"caching" or other technical processing or transmission policies and procedures by us or at
intermediate locations on the Internet.
- Deletion of Your Content — If you request deletion of your account
to which Your Content is connected, you acknowledge and agree that we may retain a copy
or copies of same for archival or compliance purposes or to otherwise provide the Website
to you or others, in accordance with our, and subject always to your license to us set
- Disclosure to Third Parties — You agree that we may, without
notice or liability, disclose to third parties, including, but not limited to, third
party service providers, servers, and/or potential acquirers, any of your information or
Your Content; monitor use of the Website and monitor, review and retain Your Content if
we believe in good faith that such activity is reasonably necessary to provide the Website
to customers, ensure adherence to or enforce the terms of these Terms and Conditions;
comply with any laws or regulations; respond to any allegation of illegal conduct or
claimed violation of third party rights; or protect us or others.
- Compliance and Complaints — We do not have any obligation to censor
or review any of Your Content, to censor or review any Third-Party Content, or to monitor use
of the Website. However, if we receive a complaint relating to use of the Website by you, you
acknowledge and agree that we may, in our sole and absolute discretion and without notice or
liability, investigate the complaint, restrict, suspend or terminate any service involved, or
remove Your Content from our servers.
- Termination of Accounts. We may, in our sole discretion, suspend, restrict or terminate
your Account and your use of the Website, effective at any time, without notice to you, for any reason,
including because the operation or efficiency of the Website or our or any third party's equipment or
network is impaired by your use of the Website, any amount is past due from you to us, we have received
a third party complaint which relates to your use or misuse of the Website, or you have been or are
in breach of any term or condition of these Terms and Conditions. We will have no responsibility to
notify any third party, including any third party providers of services, merchandise or information,
of any suspension, restriction or termination of your access to the Website.
- DISCLAIMERS, LIMITS OF LIABILITY AND INDEMNITIES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT
LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT
FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICES. IN ALL CASES, WE WILL NOT BE
LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING,
TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE WEBSITES, OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF PELOTON TECHNOLOGIES, INC.
IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF NET FEES EARNED BY US IN CONNECTION WITH YOUR USE OF THE
SERVICES DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE
CLAIM FOR LIABILITY, OR (B) $500.
SOME JURISDICTIONS PROHIBIT THE DISCLAIMER OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION
OF CERTAIN TYPES OF LIABILITY. IN SUCH CIRCUMSTANCES, TO THE EXTENT THAT SUCH PROHIBITIONS PROHIBIT
ANY EXCLUSIONS AND LIMITATIONS IN THESE TERMS AND CONDITIONS, SUCH EXCLUSIONS AND LIMITATIONS WILL
NOT APPLY TO YOU STRICTLY TO THE EXTENT NECESSARY TO MAKE THESE TERMS AND CONDITIONS CONSISTENT
WITH SUCH PROHIBITIONS.
- Enforceability. Your use of the Website and the content and features accessed through
the Website constitute your electronic signature to the agreement set out in these Terms and Conditions
and your consent to enter into agreements with us electronically. This Agreement will be deemed to
satisfy any writings requirements of any applicable law, notwithstanding that the agreement set out
in these Terms and Conditions is written and accepted electronically. All contracts between you and
us completed electronically will be deemed for all legal purposes to be in writing and legally
enforceable as a signed written agreement.
- Interpretation. In these Terms and Conditions, (i) the captions and headings are
for convenience only and do not constitute substantive matter and are not to be construed as interpreting
the contents of these Terms and Conditions, (ii) the word "including", the word
"includes" and the phrase "such as", when following a general
statement or term (whether or not non-limiting language such as "without limitation" or "but not
limited to" or other words of similar import are used with reference thereto), is not to be construed
as limiting, and the word "or" between two or more listed matters does not imply an exclusive relationship
between the matters being connected, and (iii) all references to website addresses or URLs will also
include any successor or replacement websites containing substantially similar information as the
- Waiver of Rights and Remedies. Our failure to insist upon or enforce strict performance
of any provision of these Terms and Conditions will not be construed as a waiver of any provision or
right. Neither the course of conduct between you and us nor trade practice will act to modify any
provision of these Terms and Conditions. Our rights, powers and remedies in these Terms and Conditions,
including without limitation the right to suspend, restrict or terminate any use of the Website, are
cumulative and in addition to and not in substitution for any right, power or remedy that may be available
to us at law or in equity.
- Severability. If any provision of these Terms and Conditions is determined to be
invalid or unenforceable in whole or in part, such invalidity or unenforceability will attach only to
such provision or part thereof and the remaining part of such provision and all other provisions hereof
will continue in full force and effect.
- Limitation Period. Any cause of action you may have with respect to these Terms and
Conditions or the Website must be commenced within one year after the claim or cause of action arose,
or it will be barred.
- Notices. Any notice, consent, waiver, approval, authorization or other communication
to be delivered in connection with these Terms and Conditions
- by us to you will be deemed to have been effectively and validly given if delivered or sent to
any of the contact particulars then listed in your Account;
- by you to us will only be deemed to have been effectively and validly given if in writing and
delivered or submitted to firstname.lastname@example.org.
- Assignment and Inurement. We may at any time assign our rights and obligations under
these Terms and Conditions, in whole or in part, without notice to you. You may not assign these Terms
and Conditions without our prior, written consent. These Terms and Conditions will inure to the benefit
of and bind you and us and our respective personal and legal representatives, successors and permitted
- Relationship. You agree that no joint venture, partnership, fiduciary, employment
or agency relationship exists between us and you as a result of these Terms and Conditions or use of
- Force Majeure. Neither party will be responsible for a failure to fulfil its
obligations under these Terms and Conditions or for delay in doing so if such failure or delay is due
to circumstances beyond its reasonable control, such as acts of nature, acts of government, war,
riots, strikes and accidents in transportation, but excluding a lack of financing, cash or credit.
- Entire Agreement. These Terms and Conditions, as amended from time to time, including
any and all documents, websites, rules, terms and policies referenced herein, including but not limited
referred to in these Terms and Conditions and supersedes all prior and contemporaneous agreements and
understandings, whether electronic, oral or written, between us and you with respect to such matters.
- English Language. The parties have requested and agree that these Terms and Conditions
and all documents relating there to be drawn up in English.