Terms of Use

Terms of Use

OVERVIEW

This website is operated by Peloton Technology, Inc. Throughout the site, the terms “we”, “us” and “our” refer to Peloton Technology, Inc. Peloton Technology, Inc. offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site you agree to be bound by the following terms and conditions (“Terms of Use”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Use apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Use carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.

Any new features or tools which are added to the current website shall also be subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this website. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/ or changes to our website. It is your responsibility to check this website periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 – GENERAL CONDITIONS

1.1 By agreeing to these Terms of Use, you represent that you are at least 13 years of age and/or you have given us your consent to allow any of your minor dependents to use this site.

1.2 You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the website, violate any laws in your jurisdiction (including but not limited to copyright laws).

1.3 We reserve the right to refuse service to anyone for any reason at any time.

1.4 You understand that your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

1.5 The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 2 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

2.1 We are not responsible if information made available on this site is not complete or current. The material on this site is provided for general information only and should not be relied upon or used as

the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

2.2 This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 3 – THIRD-PARTY LINKS

3.1 Certain content available via our website may include materials from third-parties.

3.2 Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

3.3 We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 4 – PERSONAL INFORMATION

4.1 Your submission of personal information is governed by our Privacy Policy. SECTION 5 – ERRORS, INACCURACIES AND OMISSIONS

5.1 Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information or our website is inaccurate at any time without prior notice.

SECTION 6 – PROHIBITED USES

6.1 In addition to other prohibitions as set forth in these Terms of Use, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

SECTION 7 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

7.1 In no case shall Peloton Technology, Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the website. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 8 – SEVERABILITY

8.1 In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 9 – TERMINATION

9.1 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

SECTION 10 – ENTIRE AGREEMENT

10.1 The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

10.2 These Terms of Use and any policies or operating rules posted by us on this site constitutes the entire agreement and understanding between you and us and govern your use of the website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use).

SECTION 11 – GOVERNING LAW

11.1 These Terms of Use and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Santa Clara County, California, United States.

SECTION 12 – CHANGES TO TERMS OF USE

12.1 You can review the most current version of the Terms of Use at any time at this page.

12.2. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

SECTION 13 – CONTACT INFORMATION

13.1 Questions about the Terms of Use should be sent to us at info@peloton-tech.com.