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PELOTON TERMS OF SERVICE
Last Updated: May 9, 2023
PLEASE READ THIS LEGAL DOCUMENT CAREFULLY. Peloton Interactive, Inc. (formerly
Peloton Interactive, LLC) (together with our affiliates, “Peloton”, “we”, or
“us”) provides an online fitness community and related products, services,
content and features through Peloton websites, such as those for our studio,
support, boutique, and local country pages (the “Peloton Site(s)”), the
interfaces on tablets connected to Peloton fitness equipment (such as the
Peloton Bike, Peloton Tread, and Peloton Row), Peloton’s fitness studios, and
through mobile, desktop, or device applications (including iOS and Android
applications (“Apps”)) and Peloton-controlled social media pages (including on
Facebook, Instagram, Spotify and Twitter). To make these Terms of Service (the
“Terms”) easier to read, the Peloton Sites and Apps, along with the Peloton
tablet and studio interfaces and Peloton-controlled social media pages are
collectively called the “Peloton Service” or “the Services”. By registering as a
member or by visiting, browsing, or using the Peloton Service in any way, and
having your usual residence in the US or Canada, you (as a “user”) accept and
agree to be bound by these Terms, which form a binding agreement between you and
Peloton.
PLEASE READ: THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS
ACTION WAIVER (SECTION 20). READ CAREFULLY, INCLUDING YOUR RIGHT, IF APPLICABLE,
TO OPT OUT OF ARBITRATION. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN
SECTION 20 BELOW, OR WHERE PROHIBITED BY LAW, BY ENTERING INTO THESE TERMS YOU
EXPRESSLY AGREE THAT DISPUTES BETWEEN YOU AND PELOTON WILL BE RESOLVED BY
BINDING, INDIVIDUAL ARBITRATION, AND YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE
IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
If you do not wish to be bound by these Terms, you may not access or use the
Peloton Service. Certain elements of the Peloton Service may be subject to
additional terms and conditions specified from time to time; your use of those
elements of the Peloton Service is subject to those additional terms and
conditions, which are incorporated into these Terms by this reference.
1. PELOTON ELIGIBILITY REQUIREMENTS
Membership Holder Age Requirement. You must be at least 18 years old, or
the age of legal majority in your jurisdiction of residence, to purchase a
Peloton membership subscription and become a Membership Holder (as defined
in the Membership Terms).
Member Age Requirement. You must be at least 13 years old to become a
Member (as defined in the Membership Terms). If you are a parent or legal
guardian of a Member under the age of 18 years old, you are subject to
these Terms and responsible for that Member’s activity on the Peloton
Service by allowing them to use the Peloton Service.
Peloton Equipment Use Age Requirements
1. Peloton Bike and Bike+: Individuals 14 years of age and older who meet
Bike user criteria may use the Bike or Bike+.
2. Peloton Tread and Tread+: Individuals 16 years of age and older who meet
Tread user criteria may use the Tread or Tread+.
3. Peloton Guide: Individuals 16 years of age and older may use the Guide.
4. Peloton Row: Individuals 16 years of age and older may use the Row.
5. All individuals must abide by all safety precautions and instructions in
the applicable product user manual. All individuals under 18 years of
age must have permission to participate from a parent or legal guardian
who will provide supervision.
We may, in our sole discretion, refuse to offer the Peloton Service to any
person or entity and change the eligibility criteria at any time. You are
solely responsible for ensuring that these Terms are in compliance with all
laws, rules and regulations applicable to you, and the right to access and
use the Peloton Service is revoked where these Terms or use of the Peloton
Service is prohibited or conflicts with any applicable law, rule or
regulation. Further, the Peloton Service is offered only for your personal,
non-commercial use, and not for the use or benefit of any third party.
2. LICENSE TO USE THE PELOTON SERVICE
License. Subject to your compliance with these Terms and solely for so long
as you are permitted by us to access and use the Peloton Service, Peloton
grants you a limited, non-transferable, non-exclusive, revocable right and
license to access and use the Peloton Service for your own personal,
non-commercial purposes, a right which may not be assigned or sublicensed
to anyone. This license includes the right to view Content (defined below)
available on the Peloton Service and the right to download one copy of the
application to any single device for your personal, non-commercial home use
only, provided you keep intact all copyright and other proprietary notices.
This license grant is subject to you agreeing to and abiding by the Peloton
Intellectual Property and DMCA Policy, which forms a part of these Terms.
This license will remain in effect unless and until you violate these Terms
or this license is terminated by you or Peloton.
Restrictions. Except as expressly permitted in writing by an authorized
representative of Peloton, you will not reproduce, redistribute, sell,
transfer, create derivative works from, decompile, reverse engineer, or
disassemble the Peloton Service, nor will you take any measures to
interfere with or damage the Peloton Service. Unless otherwise specified,
copying or modifying any Content or using Content for any purpose other
than your personal, non-commercial use of the Peloton Service, including
use of any such Content on any other website or networked computer
environment, is strictly prohibited. All rights not expressly granted by
Peloton in these Terms are reserved.
3. PRIVACY
Please review the Privacy Policy to learn about:
1. What information we may collect about you;
2. What we use that information for; and
3. With whom we share that information.
4. MEMBERSHIP REQUIREMENTS REGISTRATION
To enjoy full access to the Peloton Service, you must register as a member
of the Peloton Service and enter into a subscription agreement for access
to our live and on-demand classes, Content and features (a “Subscription”).
Your Subscription is also governed by the Membership Terms. You must
provide complete and accurate registration information to Peloton, complete
the Subscription process, and notify us if any of your information changes.
If you fail to keep your account information up to date, we may have to
suspend or terminate your Subscription.
In-Studio Classes and Membership. Participation in our in-studio live
classes is subject to additional fees that are separate from the
Subscription fees for Peloton’s online Content. You must have an account
registered on our studio website in order to sign up for in-studio classes
and/or purchase studio memberships, but you are not required to have a
Subscription. Additional information about our in-studio class packs and
memberships is available on our studio website.
Profile Information and Picture. You may not use someone else’s name, or
any name, location, other public profile information or image that violates
any third party rights, is against the law, or that is offensive, obscene
or otherwise objectionable (in Peloton’s sole discretion).
Account Security. You are responsible for all activity that occurs under
your account, including any activity by unauthorized users. You may not
allow others to use your account; this includes furnishing your username
and password to third-party developed applications to connect to your
account for any reason. You must safeguard the confidentiality of your
password, and if you are using a device that others have access to, log out
of your account after using the Peloton Service. If you become aware of an
unauthorized access to your account, change your password and notify our
Support team immediately.
5. MEMBERSHIP STRUCTURE AND FEES
Peloton will provide information on its then-current in-studio membership
and Subscription requirements on the Peloton Site and/or by other means
through the Peloton Service. Features and prices are subject to change.
6. SALE OF PRODUCTS
Peloton accepts orders for Peloton connected fitness products, such as the
Peloton Bike, Tread, or Row, and other equipment, apparel and accessories
that we may offer through the Peloton Site or at Peloton retail showrooms.
Unfortunately, availability of products cannot be guaranteed. Please note
that product, service and other information provided is subject to
corrections and changes without notice. Advertising depictions, graphics
and diagrams are for illustrative purposes only and may not accurately
reflect actual product or component availability. Colors, styles and other
variants depicted are for illustration only and are subject to change.
Errors will be corrected where discovered, and we reserve the right to
revoke any stated offer and to correct any errors, inaccuracies or
omissions.
Unless otherwise specified at the time of purchase, you must pay for
products when you place the order. All products ordered will be delivered
to the shipping address you provide. We reserve the right to cancel an
order placed by you at any time and for any lawful reason prior to our
delivery of the product(s) and receipt of payment in full from you,
provided that we will refund any fees that you prepaid for those products
if we cancel. We may send an acknowledgment of receipt of your order to the
email address you provide and/or proof of purchase information through the
Peloton Site or to your email address after your payment has been
processed. Please see our Bike and Bike+ Limited Warranty, our Tread and
Tread+ Limited Warranty, our Guide Limited Warranty, our Row Limited
Warranty, our Accessories Limited Warranty and our Return Policy for
further information about Peloton products. Apparel purchases are subject
to the Apparel Return Policy.
7. TERMINATION; ACCOUNT DELETION
Term. These Terms begin on the date you first use the Peloton Service and
continue as long as you have an account with us and/or continue to use the
Peloton Service.
Termination. Peloton may, in Peloton’s sole discretion, suspend, disable,
or delete your account (or any part thereof) or block or remove any User
Content (defined below) that you submitted, for any lawful reason,
including if Peloton determines that you have violated these Terms or that
your conduct or User Content would tend to damage Peloton’s reputation or
goodwill. Peloton may block your access to the Peloton Service to prevent
re-registration.
Effect of Termination / Account Deletion. Upon termination of these Terms
all licenses granted by Peloton will terminate. The following sections
survive termination: Privacy (Section 3), User Content (Section 8),
Indemnification (Section 12), No Warranties (Section 15), Limitation of
Liability (Section 16), Safety Warnings (Section 17), Intellectual Property
(Section 18), Arbitration Requirement & Class Action Waiver (Section 20),
Contracting Entities, Governing Law and Jurisdiction (Section 21), and all
general provisions. In the event of account deletion for any reason, User
Content may no longer be available and Peloton is not responsible for the
deletion or loss of such User Content. For clarity, if you cancel your
Subscription or it is terminated for any reason, you will lose access to
all live and on-demand classes and any other Content or features provided
through the Peloton Service. Peloton, in its sole discretion, may make
available a very limited amount of Content or features to non-subscribers
from time to time, and any use of that Content is governed by these Terms.
8. USER CONTENT
“Content” means text, graphics, images, music, software, audio, video,
works of authorship of any kind, and information or other materials that
are posted, generated, provided or otherwise made available through the
Peloton Service. ”User Content” means any content that users (including
you) provide to be made available through the Peloton Service. Content
includes, without limitation, User Content.
Any User Content, whether publicly posted or privately transmitted, is the
sole responsibility of the person who originated such User Content. You
represent that all User Content submitted by or on behalf of you is
accurate, complete, up-to-date, and in compliance with these Terms and with
all applicable laws, rules and regulations. You acknowledge that all
Content, including User Content, accessed by you using the Peloton Service
is at your own risk and you will be solely responsible for any damage or
loss to you or any other party resulting therefrom. To the full extent
permitted by law, we make no representations, warranties or guarantees with
respect to any Content that you access on or through the Peloton Service.
As between you and Peloton, you represent that you own (or have all rights
necessary to grant Peloton the rights below to) all User Content that you
submit to the Peloton Service, and that Peloton will not need to obtain
licenses from any third party or pay royalties to any third party in order
to use such User Content. You grant Peloton a worldwide, perpetual,
irrevocable, non-exclusive, sublicensable (through multiple tiers),
transferable royalty-free license and right to use, copy, transmit,
distribute, publicly perform and display (through all media now known or
later created), edit, modify, and make derivative works from your User
Content (including, without limitation, translations) for any purpose
whatsoever, commercial or otherwise, without compensation to you. In
addition, you waive any so-called “moral rights” or rights of privacy or
publicity in your User Content. You further grant all users of the Peloton
Service permission to view your User Content for their personal,
non-commercial purposes. If you make suggestions to Peloton or through the
Peloton Service about improving or adding new features or products to the
Peloton Service or you otherwise provide feedback, product or service
reviews or testimonials, you hereby grant to Peloton a worldwide,
perpetual, irrevocable, non-exclusive, sublicensable (through multiple
tiers), transferable royalty-free license and right to use, copy, modify,
create derivative works based upon and otherwise exploit your suggestions,
feedback, reviews and testimonials for any purpose (including for
marketing), without any notice, compensation or other obligation to you.
You can remove your User Content by specifically deleting it. However, in
certain instances, some of your User Content (such as posts or comments you
make) may not be completely removed and copies of your User Content may
continue to exist on the Peloton Service. We are not responsible or liable
for the removal or deletion of (or the failure to remove or delete) any of
your User Content.
9. RIGHTS AND TERMS FOR APPS
Rights in App Granted. Subject to your compliance with these Terms, Peloton
grants to you a limited non-exclusive, non-transferable, revocable license,
with no right to sublicense, to download and install a copy of the App on a
mobile device or computer that you own or control and to run such copy of
the App solely for your own personal non-commercial purposes. You may not
copy the App, except for making a reasonable number of copies for backup or
archival purposes. Except as expressly permitted in these Terms, you may
not:
1. copy, modify or create derivative works based on the App;
2. distribute, transfer, sublicense, lease, lend or rent the App to any
third party;
3. reverse engineer, decompile or disassemble the App; or
4. make the functionality of the App available to multiple users through
any means.
Peloton reserves all rights in and to the App not expressly granted to you
under these Terms.
Accessing App from an App Store. The following terms apply to any App
accessed through or downloaded from any app store or distribution platform
(like the Apple App Store or Google Play) where the App may now or in the
future be made available (each an “App Provider”). You acknowledge and
agree that:
1. These Terms are between you and Peloton, and not with the App Provider,
and Peloton (not the App Provider), is solely responsible for the App.
2. The App Provider has no obligation to furnish any maintenance and
support services with respect to the App.
3. In the event of any failure of the App to conform to any applicable
warranty, you may notify the App Provider, and the App Provider will
refund the purchase price for the App to you (if applicable) and, to the
maximum extent permitted by applicable law, the App Provider will have
no other warranty obligation whatsoever with respect to the App. Any
other claims, losses, liabilities, damages, costs or expenses
attributable to any failure to conform to any warranty will be the sole
responsibility of Peloton.
4. The App Provider is not responsible for addressing any claims you have
or any claims of any third party relating to the App or your possession
and use of the App, including, but not limited to:
1. product liability claims;
2. any claim that the App fails to conform to any applicable legal or
regulatory requirement; and
3. claims arising under consumer protection or similar legislation.
5. In the event of any third party claim that the App or your possession
and use of that App infringes that third party’s intellectual property
rights, Peloton will be solely responsible for the investigation,
defense, settlement and discharge of any such intellectual property
infringement claim to the extent required by these Terms.
6. The App Provider and its affiliates are third-party beneficiaries of
these Terms as related to your license to the App, and that, upon your
acceptance of the Terms, the App Provider will have the right (and will
be deemed to have accepted the right) to enforce these Terms as related
to your license of the App against you as a third-party beneficiary
thereof.
7. You represent and warrant that
1. you are not 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;
2. you are not listed on any U.S. Government list of prohibited or
restricted parties;
3. you are not an individual, or associated with an entity, designated
under the UK’s Terrorist Asset-Freezing etc. Act 2010 (TAFA 2010);
and
4. you are not otherwise subject to or affected in any way by any
national security or terrorism related rules whether applicable to
you personally or to your location or other circumstances.
8. You must also comply with all applicable third party terms of service
when using the App.
10. GENERAL PROHIBITIONS AND PELOTON’S ENFORCEMENT RIGHTS
You agree not to do any of the following:
1. Post, upload, publish, submit or transmit any User Content or engage in
any activity that:
1. infringes, misappropriates or violates a third party’s patent,
copyright, trademark, trade secret, moral rights or other
intellectual property rights, or rights of publicity or privacy;
2. violates, or encourages any conduct that would violate, any
applicable law or regulation or would give rise to civil liability;
3. is fraudulent, false, misleading or deceptive;
4. is defamatory, obscene, pornographic, vulgar or offensive;
5. promotes discrimination, bigotry, racism, hatred, harassment or
harm against any individual or group;
6. is violent or threatening or promotes violence or actions that are
threatening to any person, animal, or entity;
7. exploits minors or
8. promotes illegal or harmful activities or substances;
2. Download and/or install any third party software and/or application on
any Peloton hardware (excluding assistive technologies that are
necessary for your own use of the Peloton Service, such as
screen-readers) that is not expressly permitted by Peloton in writing;
3. Use, display, mirror or frame the Peloton Service or any individual
element within the Peloton Service, Peloton’s name, any Peloton
trademark, logo or other proprietary information, or the layout and
design of any page or form contained on a page, without Peloton’s
express written consent;
4. Access, tamper with, or use non-public areas of the Peloton Service,
Peloton’s computer systems, or the technical delivery systems of
Peloton’s providers;
5. Attempt to probe, scan or test the vulnerability of any Peloton system
or network or breach any security or authentication measures;
6. Avoid, bypass, remove, deactivate, impair, descramble or otherwise
circumvent any technological measure implemented by Peloton or any of
Peloton’s providers or any other third party (including another user)
to protect the Peloton Service or Content;
7. Bypass any territorial restrictions, including IP address-based
restrictions, that may be applied to the Peloton Service;
8. Attempt to access, scrape or search the Peloton Service or Content or
download Content from the Peloton Service, including through the use of
any engine, software, tool, agent, device or mechanism (including
spiders, robots, crawlers, data mining tools, plugins, add-ons or the
like), other than the software and/or search agents provided by Peloton
or other generally available third-party web browsers;
9. Send any unsolicited or unauthorized advertising, promotional
materials, email, junk mail, spam, chain letters or other form of
solicitation;
10. Use any meta tags or other hidden text or metadata utilizing a Peloton
trademark, logo URL or product name without Peloton’s express written
consent;
11. Use the Peloton Service or Content, or any portion thereof, for any
commercial purpose or for the benefit of any third party or in any
manner not permitted by these Terms or permitted expressly in writing
by Peloton;
12. Forge any TCP/IP packet header or any part of the header information in
any email or newsgroup posting, or in any way use the Peloton Service
or Content to send altered, deceptive or false source-identifying
information;
13. Attempt to decipher, decompile, disassemble or reverse engineer any of
the software used to provide the Peloton Service or Content;
14. Interfere with, or attempt to interfere with, the access of any user,
host or network, including, without limitation, sending a virus,
overloading, flooding, spamming, or mail-bombing the Peloton Service;
15. Collect or store any personally identifiable information from the
Peloton Service from other users of the Peloton Service without their
express permission;
16. Copy, use, index, disclose or distribute any information or data
obtained from the Peloton Service, whether directly or through third
parties (such as search engines), without Peloton’s express written
consent;
17. Alter, replicate, store, distribute or create derivatives from the
Content available via the Peloton Service except as expressly permitted
in writing by Peloton;
18. Impersonate or misrepresent your affiliation with any person or entity;
19. Access, use or exploit the Peloton Service in any manner (other than as
expressly permitted by these Terms), including to build, develop (or
commission the development of), replicate, or consult upon any product
or service that may compete (directly or indirectly) with Peloton or
the Peloton Service;
20. Violate any applicable law or regulation; or
21. Encourage or enable any other individual to do any of the foregoing.
You also agree to abide by the Peloton Community Guidelines and Moderation
Policy.
Although we’re not obligated to monitor access to or use of the Peloton
Service or Content or to review or edit any User Content, we have the right
to do so for the purpose of operating the Peloton Service, to ensure
compliance with these Terms, to comply with applicable law or other legal
requirements and to maintain the integrity and reputation of the Peloton
Service and Peloton’s systems. We reserve the right, but are not obligated,
to remove or disable access to any User Content, at any time and without
notice, including, but not limited to, if we, at our sole discretion,
consider any User Content to be objectionable or in violation of these
Terms. We have the right to investigate violations of these Terms or
conduct that affects the Peloton Service. We may also consult and cooperate
with law enforcement authorities to prosecute users who violate the law.
11. MEMBER INTERACTIONS, DEALINGS WITH THIRD PARTIES
When interacting with other Peloton members, you should exercise caution
and common sense to protect your personal safety and property, just as you
would when interacting with other people you don’t know. Your
participation, correspondence or personal or business dealings with any
third party found on or through the Peloton Service, whether regarding
payment or delivery of specific goods and services, donations or
fundraisers, and any other terms, conditions, representations or warranties
associated with such dealings, are solely between you and such third party.
You agree that Peloton is not responsible or liable for any loss, damage,
injury, or other matters of any sort incurred as the result of such
dealings. In addition, when visiting or taking classes at any of our
studios, please be advised that Peloton is not responsible for any lost or
stolen items and that visitors, guests and members are required to adhere
to then-current policies in place at that studio and the directions of that
studio’s employees and representatives.
12. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Peloton and its
directors, officers, employees, and agents, from and against all claims,
damages, losses and costs that arise from or relate to
1. your activities on the Peloton Service,
2. any User Content submitted by or on behalf of you or
3. your violation of these Terms.
13. THIRD PARTY SOFTWARE AND APPLICATIONS
Downloading and/or installing any third party software and/or applications
that are not expressly authorized by Peloton on any Peloton hardware
constitutes a breach of these Terms; any such downloading or installation
is done at your own risk and may void any applicable warranty or support
commitments by Peloton.
14. THIRD PARTY LINKS AND CONTENT
There may be links on the Peloton Service that let you leave the particular
Peloton Service you are accessing in order to access a linked site that is
operated by a third party. Peloton neither controls nor endorses these
sites, nor has Peloton reviewed or approved the content that appears on
them. Peloton is not responsible for the legality, accuracy or
inappropriate nature of any content, advertising, products or other
materials on or available from any such third party sites. You acknowledge
and agree that Peloton is not responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or in
connection with the access or use of any of the links, content, goods or
services available on or through these third party sites.
15. NO WARRANTIES
Peloton reserves the right to modify the Peloton Service, including, but
not limited to updating, adding to, enhancing, modifying, removing or
altering any Content or features of the Peloton Service, at any time, in
its sole discretion. You are responsible for providing your own access
(e.g., computer, mobile device, Internet connection, etc.) to the Peloton
Service. Peloton has no obligation to screen or monitor any Content and
does not guarantee that any Content available on the Peloton Service is
suitable for all users or that it will continue to be available for any
length of time.
Peloton provides the Peloton Service on an “AS IS” and “AS AVAILABLE”
basis. You therefore use the Peloton Service at your own risk. Other than
as expressly provided in writing by Peloton in connection with your
purchase of a Peloton product, to the extent permitted by law, Peloton
expressly disclaims any and all warranties of any kind, whether express or
implied, including, but not limited to implied warranties of
merchantability, fitness for a particular purpose, non-infringement, quiet
enjoyment and any other warranty that might arise under any law. Without
limiting the foregoing, Peloton makes no representations or warranties:
1. That the Peloton Service is or will be permitted in your jurisdiction;
2. That the Peloton Service will be uninterrupted or error-free;
3. Concerning any Content, including User Content;
4. Concerning any third party’s use of User Content that you submit;
5. That the Peloton Service will meet your personal or professional needs;
6. That Peloton will continue to support any particular feature of the
Peloton Service; or
7. Concerning sites and resources outside of the Peloton Service, even if
linked to from the Peloton Service.
To the extent that another party may have access to or view Content on your
device, you are solely responsible for informing such party of all
disclaimers and warnings in these Terms. TO THE EXTENT ANY DISCLAIMER OR
LIMITATION OF LIABILITY DOES NOT APPLY, TO THE FULLEST EXTENT PERMITTED BY
LAW, ALL APPLICABLE EXPRESS, IMPLIED, AND STATUTORY WARRANTIES WILL BE
LIMITED IN DURATION TO A PERIOD OF 30 DAYS AFTER THE DATE ON WHICH YOU
FIRST USED THE PELOTON SERVICE, AND NO WARRANTIES SHALL APPLY AFTER SUCH
PERIOD.
16. LIMITATION OF LIABILITY
To the fullest extent permitted by law:
1. Peloton shall not be liable for any indirect, incidental, special,
consequential, punitive, or exemplary damages, including but not limited
to damages for loss of profits, economic or pure economic losses,
goodwill, use, data, service interruption, computer damage, system
failure, inability to use the Peloton Service or Content or other
intangible losses, even if a limited remedy set forth herein is found to
have failed its essential purpose; and
2. Peloton’s total liability to you for all claims, in the aggregate, will
not exceed the amount actually paid by you to Peloton over the 12 months
preceding the date your first claim(s) arose.
If you live in a jurisdiction that does not allow the exclusion or
limitation of liability for consequential or incidental damages, the above
limitation does not apply to you. To the extent that one or any aspect of
Peloton’s limitations set out above does not apply, all remaining aspects
survive. The exclusions and limitations of damages set forth above are
fundamental elements of the basis of the bargain between Peloton and you.
17. SAFETY WARNINGS
THE PELOTON SERVICE OFFERS HEALTH AND FITNESS INFORMATION AND IS DESIGNED
FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU SHOULD CONSULT YOUR
PHYSICIAN OR GENERAL PRACTITIONER BEFORE BEGINNING A NEW FITNESS PROGRAM.
YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT
REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE
ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH
A PHYSICIAN, GENERAL PRACTITIONER OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT
DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM
YOUR HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE
PELOTON SITE OR HEARD ON THE PELOTON SERVICE. THE USE OF INFORMATION
PROVIDED THROUGH THE PELOTON SERVICE IS SOLELY AT YOUR OWN RISK AND IS NOT
MEDICAL OR HEALTHCARE ADVICE.
NOTHING STATED OR POSTED ON THE PELOTON SITE OR AVAILABLE THROUGH ANY
PELOTON SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE
PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THESE TERMS, THE
PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION,
PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT,
INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. THE PELOTON SERVICE IS
CONTINUALLY UNDER DEVELOPMENT AND, TO THE FULL EXTENT PERMITTED BY LAW,
PELOTON MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS
ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD,
DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND
NUTRITIONAL ADVICE THAT APPEARS HERE. NO ASSURANCE CAN BE GIVEN THAT THE
ADVICE CONTAINED IN THE PELOTON SERVICE WILL ALWAYS INCLUDE THE MOST RECENT
FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
In becoming a user of Peloton with the intent of using the Peloton Service,
you affirm that either (A) all of the following statements are true:
1. no physician or general practitioner has ever informed you that you have
a heart condition or that you should only do physical activities
recommended by a physician or general practitioner;
2. you have never felt chest pain when engaging in physical activity;
3. you have not experienced chest pain when not engaged in physical
activity at any time within the past month;
4. you have never lost your balance because of dizziness and you have never
lost consciousness;
5. you do not have a bone or joint problem that could be made worse by a
change in your physical activity;
6. your physician or general practitioner is not currently prescribing
drugs for your blood pressure or heart condition;
7. you do not have a history of high blood pressure, and no one in your
immediate family has a history of high blood pressure or heart problems;
and
8. you do not know of any other reason you should not exercise; or
(B) your physician or general practitioner has been specifically consulted
by you and approved of your use of the Peloton Service.
If applicable, you further affirm that
1. you are not pregnant, breastfeeding or lactating; unless
2. your physician or general practitioner has been specifically consulted
and approved your use of the Peloton Service.
Peloton reserves the right to refuse or cancel your membership if we
determine that you have certain medical conditions or that the
representations set forth above are untrue in any respect.
18. INTELLECTUAL PROPERTY ACKNOWLEDGMENT
You acknowledge and agree that your use of the Peloton Services and any
Content contained therein is dependent upon you agreeing to and abiding by
the Peloton Intellectual Property and DMCA Policy at all times. You further
acknowledge that the Peloton Service contains software and other content
that is protected by copyrights, patents, trademarks, trade secrets or
other proprietary rights, and that these rights are valid and protected in
all forms, media and technologies existing now or hereafter developed. All
Peloton-generated content, and content provided to Peloton by its partners
and licensors, is copyrighted individually and/or as a collective work
under the U.S. copyright laws and all applicable international copyright
(or equivalent) laws in all jurisdictions and protected under other
intellectual property laws worldwide; further, as between you and Peloton,
Peloton own intellectual property rights in the selection, coordination,
arrangement and enhancement of all content in the Peloton Service.
19. INTELLECTUAL PROPERTY USAGE AND REPORTING INFRINGEMENT
Peloton respects the intellectual property of others, and we ask our users
to do the same. Each user is responsible for ensuring that their User
Content does not infringe any third party’s right or other intellectual
property rights. If you believe that the Peloton Service or any Content
contains elements that infringe or misappropriate your copyrights or other
intellectual property rights (or the intellectual property rights of
others), please go to the Peloton Intellectual Property and DMCA Policy for
directions on how to report it to us.
20. ARBITRATION AGREEMENT & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS
THIS MAY AFFECT YOUR LEGAL RIGHTS. APPLICABLE TO THE FULL EXTENT PERMITTED
BY LAW.
1. Mandatory Arbitration of Disputes. We each agree that any dispute,
claim or controversy arising out of or relating to these Terms or the
breach, termination, enforcement, interpretation or validity thereof or
the use of the Services, Content, or Peloton connected fitness
products, equipment, apparel or accessories (each, a “Dispute” and
collectively, the “Disputes”) will be resolved solely by binding,
individual arbitration, unless expressly provided otherwise in this
Section 20, and not in a class, representative or consolidated action
or proceeding. You and Peloton agree that the U.S. Federal Arbitration
Act (or equivalent laws in the jurisdiction in which the Peloton entity
that you have contracted with is incorporated) governs the
interpretation and enforcement of these Terms and that YOU AND PELOTON
ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A
CLASS ACTION. This Section 20 shall survive the termination of these
Terms.
2. Exceptions and Opt-out Option. The only exceptions to Section 20 are
the following:
1. you or Peloton each may seek to resolve an individual Dispute in
small claims court if it qualifies.
2. you or Peloton each may seek injunctive or other equitable relief
from a court to prevent (or enjoin) the infringement or
misappropriation of our respective intellectual property rights.
3. you may opt out of arbitration entirely and litigate any Dispute
individually if you provide us with a signed, written notice of your
decision to do so pursuant to Section 20.9 below; however, if you
are opting out of an updated version of this arbitration provision,
you understand that you will remain subject to the prior version of
any arbitration provision to which you had previously agreed.
3. Initial Dispute Resolution and Notification. You and Peloton agree
that, prior to initiating an arbitration or other legal proceeding, you
and Peloton will attempt to negotiate an informal resolution of the
Dispute. To begin this process, and before initiating any arbitration
or legal proceeding against Peloton, you must send a Notice of Dispute
(“Notice”) by certified mail to the attention of Peloton’s Legal
Department at the Peloton address set out in Section 24 of these Terms.
For purposes of these Terms, initiating an arbitration means filing an
arbitration demand (“Demand”).
Your Notice to Peloton must contain all of the following information:
(1) your full name, address, Peloton username, and the email address
associated with your Peloton account; (2) a detailed description of the
nature and basis of the Dispute; (3) a description of the relief you
want, including any money damages you request; and (4) your signature
verifying the accuracy of the Notice and, if you are represented by
counsel, authorizing Peloton to disclose information about you to your
attorney.
After receipt of your Notice, you and Peloton shall engage in a
good-faith effort to resolve the dispute for a period of 60 days, which
both sides may extend by written agreement (“Informal Dispute
Resolution Period”). During the Informal Dispute Resolution Period,
neither you nor Peloton may initiate an arbitration or other legal
proceeding.
If the Dispute is not resolved during the Informal Dispute Resolution
Period, you may initiate an individual arbitration as provided below.
4. Conducting Arbitration and Arbitration Rules. Any arbitration must be
initiated with and conducted by National Arbitration & Mediation
(“NAM”) pursuant to its Comprehensive Dispute Resolution Rules and
Procedures and/or its Mass Filing Supplemental Dispute Resolution Rules
and Procedures (together, the “NAM Rules”), except as modified by these
Terms. The NAM Rules are available at www.NAMADR.org, by calling NAM at
1-800-358-2550. In any instance where the applicable NAM Rules and
these Terms are inconsistent, these Terms shall control.
An arbitration Demand filed with NAM must include a certification
signed by the filing party verifying compliance with the Initial
Dispute Resolution and Notification requirements and other requirements
set out in this Section 20.
If NAM fails or declines to conduct the arbitration for any reason, we
will mutually select a different arbitration administrator. If we
cannot agree, a court will appoint the arbitration administrator.
Any arbitration hearing will take place in or nearest to the county or
municipality where you live, unless you and Peloton agree to a
different location or to a virtual hearing.
The arbitrator shall have exclusive authority to decide all issues
relating to the interpretation, applicability, enforceability and scope
of this arbitration agreement, except that only a court of competent
jurisdiction as set forth in Section 21 of these Terms (and not an
arbitrator) shall have the exclusive authority to resolve any claim
that all or part of the Class Action Waiver set forth in these Terms or
the Mass Filing procedures set forth in Section 20.5 below are
unenforceable, unconscionable, void, or voidable.
5. Mass Filing Procedures. YOU AND PELOTON AGREE THAT, TO THE FULLEST
EXTENT PERMITTED BY LAW, EACH OF US IS WAIVING THE RIGHT TO BRING OR
PARTICIPATE IN A MASS ARBITRATION. Peloton’s receipt of one or more
Notice(s) of substantially similar claims brought by or on behalf of 25
or more claimants (including you) within a 60-day period (“Mass
Filing”) shall be subject to the additional procedures set forth below.
Claims included in a Mass Filing, if not resolved during the Informal
Dispute Resolution Period, may proceed only in accordance with the
procedures set out below, and subject to the NAM Mass Filing
Supplemental Dispute Resolution Rules and Procedures (“NAM Mass Filing
Rules”, available at
https://www.namadr.com/resources/rules-fees-forms/”) to the extent not
contrary to these Terms. If a court determines that this Section 20.5
is not enforceable as to your claim, then your claim may only proceed
individually in court consistent with these Terms.
1. Batching: You and Peloton agree that your and other individuals’
claims deemed by Peloton a Mass Filing may be filed with NAM in
batches of no greater than 50 individuals’ claims at one time, with
25 claims (or half of the total number of claims in a batch, if less
than 50) selected by counsel for you and other claimants and 25
claims (or half of the total number of claims in a batch, if less
than 50) selected by Peloton. After your claim is batched and
permitted to be filed as a Demand, you and Peloton agree that
selection and appointment of an arbitrator for your Demand shall be
governed by the NAM Mass Filing Rules.
2. First (Bellwether) Batch: The first batch of up to 50 Demands are
the Bellwether Arbitrations. If your claim is included in the
Bellwether Arbitrations, you and Peloton shall cooperate with the
arbitrator assigned to your arbitration to resolve your claim within
120 days of the initial pre-hearing conference.
3. Stay of Filing of Other Claims: If your claim is not among those
selected for the Bellwether Arbitrations, your claim cannot be filed
until it is assigned to a batch and authorized to be filed in a
later stage of this process. No arbitration fees will be assessed on
you or Peloton in connection with your claim unless and until it is
assigned to a batch and authorized to be filed with NAM.
4. Mediation: After the Bellwether Arbitrations are completed, if your
claim remains unresolved, you and Peloton agree to mediate your
claim along with any other unresolved claims included in the Mass
Filing (“Global Mediation”). The mediator will be selected according
to the procedure set forth in the NAM Rules, and Peloton will pay
the mediator’s fees. The Global Mediation shall be completed within
120 days of the selection of a mediator, unless extended by written
agreement between you and Peloton.
5. Election To Proceed in Court: If Global Mediation is not successful
in resolving your claim, and 100 or more claims included in the Mass
Filing remain unresolved, you or Peloton may opt out of arbitration
and elect to have your claim resolved in court consistent with
Section 21 of these Terms. You or Peloton must exercise this
election within 45 days of the completion of Global Mediation.
6. Sequential Arbitration of Remaining Batches: If neither you nor
Peloton opt out of arbitration, another batch of no greater than 50
individuals’ claims will be selected from the Mass Filing, with 25
claims (or half of the total number of claims in a batch, if less
than 50) selected by counsel for claimants and 25 claims (or half of
the total number of claims in a batch, if less than 50) selected by
Peloton. If your claim is included in this next batch of 50 claims,
your claim will be filed with NAM, and you and Peloton shall
cooperate with the arbitrator assigned to your arbitration to
resolve your claim within 120 days of the initial pre-hearing
conference. The process of batching up to 50 individual claims at a
time will continue until the parties resolve all claims included in
the Mass Filing. No unbatched claim can proceed to be filed as a
Demand until the previous batch has been resolved.
7. Tolling. For any claim subject to these Mass Filing procedures, any
statute of limitations applicable to your claim shall be tolled from
the date the Informal Dispute Resolution Period begins until the
earlier of (1) the date your arbitration Demand is filed, or (2) the
date you or Peloton opts out of arbitration pursuant to Section
20.5.5.
6. Arbitration Costs. Payment of all arbitration filing fees and costs
will be governed by the applicable NAM Rules. If you prevail on your
claim in arbitration, Peloton will reimburse you for any portion of the
arbitration filing fees you paid that exceeded the amount you would
have paid to file a complaint in a court of competent jurisdiction
pursuant to Section 21. If Peloton prevails on your claim in
arbitration, and the arbitrator finds that your claim was frivolous or
filed in bad faith, the arbitrator may award Peloton reimbursement from
you of Peloton’s arbitration filing fees and costs.
7. Offer of Settlement. Peloton may, but is not obligated to, make a
written offer to settle your claim at least 14 days before the
arbitration hearing date. The amount or terms of any settlement offer
may not be disclosed to the arbitrator until after the arbitrator
issues an award on the claim. If an award is issued in your favor but
is less than Peloton’s settlement offer, the arbitrator may order you
to pay the arbitration costs incurred by Peloton after its offer was
made, unless otherwise prohibited by the underlying law governing your
claim.
8. Class Action Waiver. YOU AND PELOTON AGREE THAT, TO THE FULLEST EXTENT
PERMITTED BY LAW, EACH OF US MAY BRING CLAIMS (WHETHER IN COURT OR IN
ARBITRATION) AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT
AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN ANY PURPORTED CLASS,
COLLECTIVE, CONSOLIDATED, COORDINATED, PRIVATE ATTORNEY GENERAL,
REQUEST FOR PUBLIC INJUNCTIVE RELIEF, OR REPRESENTATIVE PROCEEDING.
This also means that you and Peloton may not participate in any class,
collective, consolidated, coordinated, private attorney general,
request for public injunctive relief, or representative proceeding
brought by any third party. Notwithstanding this provision or any
other language in these Terms, you or Peloton may participate in a
class-wide settlement. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND
PELOTON WAIVE ANY RIGHT TO A JURY TRIAL.
9. Effect of Changes on Arbitration. Notwithstanding the provisions of
Section 25 “Modification”, if Peloton changes any terms of this Section
20 after the date you first accepted these Terms or any subsequent
changes to these Terms, you may reject the new changes to Section 20 by
sending us written notice, personally signed by you, by certified mail
to the attention of Peloton’s Legal Department at the Peloton address
set out in Section 24 of these Terms within 30 days of the date such
change became effective, as indicated by the later of (1) the “Last
Updated” date of the Terms you seek to reject or (1) the date of
Peloton’s email to you notifying you of such change. Even if you reject
a change, you will remain subject to Section 20 of the last version of
the Terms you had accepted.
10. Severability.If any portion of this Section 20 is found to be void,
invalid, or otherwise unenforceable, then that portion shall be deemed
to be severable and, if possible, superseded by a valid, enforceable
provision, or portion thereof, that matches the intent of the original
provision, or portion thereof, as closely as possible. The remainder of
Section 20 and all other Terms shall continue to be enforceable and
valid.
21. CONTRACTING ENTITIES, GOVERNING LAW AND JURISDICTION
Residents of the United Kingdom are contracting with Peloton Interactive UK
Ltd (company number 11174745, registered address 1 Langley Street, London,
United Kingdom, WC2H 9JG, VAT number: GB 296342084) for the Peloton
Service. Residents of Germany are contracting with Peloton Interactive
Deutschland GmbH c/o WeWork Neue Schönhauser Straße 3-5, Neue Schönhauser
Straße 3-5, 10178 Berlin, Sitz: Berlin, Amtsgericht Düsseldorf HRB 86061,
VAT number: DE323550711) for the Peloton Service. Residents of Australia
are contracting with Peloton Interactive Australia Pty Ltd ACN 644 958 047,
of 20 Martin Place, Sydney NSW 2000. All other users are contracting with
Peloton Interactive, Inc. unless otherwise specified in these Terms.
If your contract for the Peloton Service is with Peloton Interactive, Inc.,
these Terms shall be governed by the laws of the State of New York, United
States of America, without regard to principles of conflicts of law. If
your contract for the Peloton Service is with another Peloton entity, these
terms shall be governed by the laws of the jurisdiction under which that
Peloton entity is incorporated, without regard to principles of conflicts
of law. The Uniform Commercial Code, the Uniform Computer Information
Transaction Act, and the United Nations Convention of Controls for
International Sale of Goods shall not apply.
Subject to the agreements in Section 20 above,
1. if your contract for the Peloton Service is with Peloton Interactive,
Inc., exclusive jurisdiction for all Disputes that are not required to
be arbitrated will be the state and federal courts located in New York,
New York, United States of America, and you consent to the jurisdiction
of those courts, and
2. if your contract for the Peloton Service is with another Peloton entity,
exclusive jurisdiction for all Disputes that are not required to be
arbitrated will be the courts located in the jurisdiction under which
that Peloton entity is incorporated, and you consent to the jurisdiction
of those courts.
22. INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES
Headings are for convenience only and shall not be used to construe these
Terms. If any term of these Terms is found invalid or unenforceable by any
court of competent jurisdiction, that term will be severed from these
Terms. No failure or delay by Peloton in exercising any right hereunder
will waive any further exercise of that right. The waiver of any such right
or provision will be effective only if in writing and signed by a duly
authorized representative of Peloton. Peloton’s rights and remedies
hereunder are cumulative and not exclusive.
23. SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES
These Terms are binding upon and will inure to the benefit of both parties
and their respective successors, heirs, executors, administrators, personal
representatives, and permitted assigns. You may not assign or transfer
these Terms without Peloton’s prior written consent. Peloton may assign its
rights, obligations and/or these Terms at any time in its sole discretion
without notice to you.
24. NOTICES
You consent to receive all communications including notices, agreements,
disclosures, or other information from Peloton electronically. Peloton may
communicate by email or by posting to the Peloton Service. For
support-related inquiries, you may email Support. For all other notices to
Peloton, write to the following addresses:
U.S. and Canadian Residents:
Peloton Interactive, Inc.
441 Ninth Avenue, Sixth Floor
New York, NY 10001
USA
Attn: Legal Department
United Kingdom Residents:
Peloton Interactive UK Ltd.
1 Langley Street
London WC2H 9JG
United Kingdom
Attn: Legal Department
German Residents:
Peloton Interactive Deutschland GmbH
Karl-Liebknecht-Straße 29A
10178 Berlin
Germany
Attn: Legal Department
Australian Residents:
Peloton Interactive Australia Pty Ltd
20 Martin Place
Sydney NSW 2000
Attn: Legal Department
Nothing in these Terms or otherwise limits Peloton’s right to object to
subpoenas, claims, or other demands.
25. MODIFICATION
We may update these Terms at any time, in our sole discretion. If we do so,
we’ll let you know by, at a minimum, posting the updated Terms (as
indicated by a revised “Last Updated” date at the top of this page) on the
Peloton Site and/or through the Peloton Service. Modifications will be
effective on the date that they are posted to the Peloton Site. It’s
important that you review the Terms whenever we update them before you use
the Peloton Service. If you continue to use the Peloton Service after we
have posted updated Terms, you are agreeing to be bound by the updated
Terms. If you don’t agree to be bound by the updated Terms, then, except as
otherwise provided in Section 20(7) “Effect of Changes on Arbitration,” you
may not use the Peloton Service anymore. Because the Peloton Service is
evolving over time we may change or discontinue all or any part of the
Peloton Service, at any time and without notice, at our sole discretion.
26. ENTIRE AGREEMENT
These Terms incorporate the following legal documents by reference, as well
as any other policies or procedures referenced herein that are posted to
the Peloton Site from time to time:
1. Membership Terms
2. Limited Warranty (Bike & Bike+)
3. Limited Warranty (Tread & Tread+)
4. Limited Warranty (Guide)
5. Limited Warranty (Row)
6. Limited Warranty (Accessories)
7. Return Policy
8. Apparel Return Policy
9. Intellectual Property and DMCA Policy
10. Home Trial Terms
11. Corporate Wellness Supplemental Terms
In the event of a conflict between any policies posted on the Peloton
Service and these Terms, these Terms will control. These Terms represent
the entire understanding between Peloton and you regarding the Peloton
Service or Content and supersede all prior agreements and understandings
regarding the same. If any provision of these Terms is held invalid or
unenforceable by an arbitrator or a court of competent jurisdiction, that
provision will be enforced to the maximum extent permissible and the other
provisions of these Terms will remain in full force and effect.
27. FORCE MAJEURE
Neither Party shall be liable for any failure or delay in performance under
these terms (other than for delay in the payment of money due and payable
in accordance with these terms) for causes beyond the party’s reasonable
control and not caused by that party’s fault, or negligence, including, but
not limited to, “acts of God”, acts of government, flood, fire, civil
unrest, acts of terror, strikes or other labor problems, computer attacks
or malicious acts, such as attacks on or through the internet, any internet
service provider, telecommunications or hosting facility, but in each case,
only if and to the extent that the non-performing Party is without fault in
causing such failure or delay, and the failure or delay could not have been
prevented by reasonable precautions and measures and cannot reasonably be
circumvented by the non-conforming Party through the use of alternate
sources, workaround plans, disaster recovery, business continuity measures
or other means. Dates by which performance obligations are scheduled to be
met will be extended for a period of time equal to the time lost due to any
delay so caused.
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