Effective Date: April 30, 2021
These Terms of Service (“Terms”) are entered into between you and Wahoo Fitness L.L.C. (referred to as “Wahoo,” “we,” “our” or “us”). The Terms govern (a) your use of Wahoo’s smartphone-connected fitness devices (the “Products”), (b) your use of our websites, including www.wahoofitness.com, thesufferfest.com, and www.speedplay.com (the “Sites”), and (c) your access to and use of our workout and coaching apps, mobile, desktop, or device applications for the Products, and other services, including Wahoo-controlled social media pages and any SMSs, APIs, email notifications, buttons, widgets, features, ads, commerce services, and any information, text, links, graphics, photos, audio, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on or through the Sites (collectively with the Sites, the “Services”).
These Terms may apply to you individually, the business or other legal entity user you represent, or both. If you are purchasing or using the Products or Services on behalf of a company or other legal entity, you hereby represent and warrant that you have the authority to enter into these Terms on behalf of such entity. By accessing, registering for, or using the Products or Services, you: (1) acknowledge that you have read and understand these Terms, (2) agree to be bound by them in their entirety, and (3) are entering into a legally binding agreement with us. As used in these Terms and unless separately identified as applicable to either an individual or entity, “you” and “your” refer to both you individually and the entity on behalf of which you are entering into these Terms.
THESE TERMS CONTAIN BINDING PROVISIONS (SECTION 19) WAIVING YOUR RIGHT TO A JURY TRIAL AND A CLASS ACTION WAIVER. READ CAREFULLY. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED BELOW, OR WHERE PROHIBITED BY LAW, BY ENTERING INTO THESE TERMS YOU EXPRESSLY AGREE THAT DISPUTES BETWEEN YOU AND WAHOO MAY BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU HEREBY WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
We reserve complete and sole discretion with respect to the function and operation of the Products and Services. We reserve the right to change terms and warranties for the Products and Services without notice. We also reserve the right to withdraw, suspend, or discontinue any functionality or feature of the Products and Services at any time.
2. Your Eligibility to Use the Products and Services; Your Responsibility
To be eligible to use the Products and Services, you represent and warrant that you: (i) are at least 18 years of age; (ii) are not currently restricted from using the Services and are not otherwise prohibited from having an account related thereto; (iii) will only maintain one Service account at any given time; (iv) will only provide accurate information to Wahoo in relation to your purchase and use of the Products and Services; (v) have full power and authority to enter into these Terms and doing so will not violate any other agreement to which you are a party; and (vi) will not violate any rights of Wahoo or a third party. Wahoo reserves the right to refuse purchase, access to, and use of the Products and Services by users under certain ages at our sole discretion.
You assume all responsibility for your use of, and access to, the Products and Services. Accounts for the Services are for a single user, company or other legal entity, as applicable. Any multiple-party use, other than individual use on behalf of a company or other legal entity, is prohibited. For example, sharing a login between non-entity individual users is prohibited. Any free trial account offer for our workout and coaching apps is intended for one-time use and Wahoo reserves the right to cancel your free trial and/or prohibit you from re-enrolling for a new free trial or subscribing for the Services in the event that it discovers you are in violation of this policy.
3. Personal Information; Your Content; Your Account
3.2. Accuracy. By registering for our Products and/or Services, you represent and warrant that all information you submit to us is true, accurate, current and complete and that you will promptly notify us in writing if your information changes. It is your responsibility to keep your account and profile information accurate and updated. We are not responsible for any disputes or claims related to any inaccurate, incomplete, or untimely information provided by you to us.
3.3. Your Account. The account you create when you register to use the Wahoo Products and Services and any related profile is owned by us. With regard to your account, you agree to: (i) keep your password secure and confidential; (ii) not permit others to use your account; (iii) not use the accounts of others; (iv) not transfer your account to another party; and (v) notify us of any actual or suspected unauthorized use of your account. You are responsible for any activity occurring under your account. For clarity, you may share your account information with on-site personnel or other employees, contractors, or agents (“Representatives”) so long as it is not in violation of these Terms. You are responsible for all acts of your Representatives using your account to access the Services as though such acts are your own.
4. Personal Use; Limited License; Ownership
Subject to the terms and conditions herein, Wahoo grants you a limited, revocable, non-transferable, non-sublicensable, non-exclusive license and right to access the Services through a generally available mobile device, web browser, Wahoo Product, or Wahoo authorized Sites to view content and information and otherwise use the Services to the extent intended and permitted by the functionality thereof. This license is personal to you, and you may not resell or assign this license, permit other users access to our Services through your account, or use the Services to host content for others. You may not copy or download any content from the Services except with the prior written approval of Wahoo. You acknowledge that, except as otherwise expressly provided, these Terms are solely between you and Wahoo.
Furthermore, without the prior written approval of Wahoo, you may not distribute, publicly perform or display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, distribute, decompile, disassemble, reverse engineer or otherwise make unauthorized use of the Services. Any commercial use not expressly authorized is prohibited. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices or warnings affixed to the Products or Services. Your rights are subject to your compliance with these Terms as well as any other agreements applicable to the Products and Services you are using. The Products and Services, and all copies of the Products and Services, are owned by Wahoo or its third party licensors unless otherwise provided for in these Terms or under the operation of law and are protected by various intellectual property laws, including, without limitation, copyright and trade secret laws. Wahoo reserves all rights not expressly granted to you herein. You agree that you have no right to any Wahoo trademark, trade dress, or service mark and may not use any such mark in any way unless expressly authorized by Wahoo.
Making unauthorized copies or distribution of the Services or otherwise violating these Terms may result in the termination of your Wahoo account, prohibition on use of the Services, and further legal action. Wahoo reserves the right to limit your use of or access to the Services in its sole discretion at any time without notice in order to maintain the performance and availability of the Services and to enforce these Terms.
Wahoo is not liable for the loss, corruption, alteration, or removal of any content transmitted using our Services. By using our Services, you expressly waive the right to seek damages and agree to hold Wahoo harmless for any such loss, alteration, corruption or removal. You acknowledge and agree that you are solely responsible for retaining all records and reconciling all transaction information relating to your use of the Services.
5. Products and Services
5.1. Availability of Products. The Sites or other Services may make available listings, descriptions, and images of the Products. We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such listings, descriptions, or images (including any features, specifications, and prices contained on the Services). Such information and the availability of any Products are subject to change at any time without notice. Wahoo is not responsible for, and cannot guarantee the performance of, goods and services provided by third-parties, our advertisers, or other third-parties to whose sites we link. While our goal is to provide accurate information, Product packaging or material may contain more and/or different information than that provided on the Services.
5.2. Availability of Services.. While it is Wahoo’s goal to timely repair any issues that hinder the performance or availability of the Wahoo Services, Wahoo makes no representations that your use of the Services will be uninterrupted, timely, secure or error-free, nor does Wahoo make any guarantees about the time that the Services will be available to you.
5.3. Warnings. Always read labels, warnings, directions, and other information provided with the Products and Services carefully before using the Products and Services. It is your responsibility to ascertain and obey all applicable local, state, federal, and foreign laws (including minimum age requirements) regarding the purchase, possession, and use of any Services.
5.4. Shipping and Delivery Information for Products. Our shipping and delivery information, available at https://www.wahoofitness.com/shipping-and-delivery, is incorporated by reference into these Terms.
5.5. Return Policy and Warranty. Our shipping and delivery information, available at https://www.wahoofitness.com/returns-and-warranty, is incorporated by reference into these Terms.
5.6. Services Subscription Refund Policy. Any monthly or annual subscriptions that you agree to pay for the Services are billed on a monthly or annual basis regardless of your usage of the Services. By purchasing a subscription, you acknowledge that your subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your subscription by you or Wahoo. You are entitled to cancel your subscription at any time and it is incumbent on you to cancel in the event that you do not want to incur future subscription charges. To cancel, you must go to your account information within the Services and select the cancellation option. If you cancel a monthly subscription, the cancellation will become effective at the end of your current monthly payment period and you will continue to have access to the Services for the remainder of that period. Likewise, if you cancel an annual subscription, the cancellation will become effective at the end of your current yearly payment period and you will continue to have access to the Services for the remainder of that period. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period, subject to specific cancellation and refund rights listed in our Return Policy and Warranty at the link above. Wahoo also will not reimburse you for previously-incurred (past) subscription charges. As noted below concerning Services Subscription Payment Methods, in the event that you paid for your subscription with Apple Pay, you must cancel your subscription through Apple.
5.7. Product Payment Methods.
5.7.1. Credit Card. Wahoo accepts Visa, Mastercard, American Express, and Discover credit cards for online payment via a secure SSL encryption. We will notify you by a separate email confirmation once payment is received, and then again once the order has shipped. Available to both U.S. and International customers.
5.7.2. PayPal. With PayPal, you can pay online at Wahoo Fitness. To pay via PayPal, simply select “PayPal'' as a payment method during checkout. Then, log in to your personal PayPal account with your email address and PayPal password to confirm the payment amount. Available to both U.S. and International customers, with the exception of Japan.
5.7.3. Financing. Affirm financing is available for U.S. customers only. More information is available at wahoofitness.com/financing. Klarna offers financing for U.K. and Germany residents’ Product purchases. More information is available at uk.wahoofitness.com/financing and de-eu.wahoofitness.com/financing.
5.8. Subscription Payment Methods.
5.8.1. Credit Card. To the extent you agree to pay a subscription fee for use of the Services, Wahoo accepts Visa, Mastercard, and American Express credit cards for online payment on its Sites via a secure SSL encryption. We will notify you by a separate email confirmation once your subscription has been activated. Available to both U.S. and International customers.
5.8.2. PayPal. To the extent that you are purchasing an annual subscription for use of the Services, you may use PayPal to pay online at Wahoo Fitness. To pay via PayPal, simply select “PayPal'' as a payment method during checkout. Then, log in to your personal PayPal account with your email address and PayPal password to confirm the payment amount. Available to both U.S. and International customers, with the exception of Japan.
5.8.3. Apple Pay. You may also choose to pay your monthly subscription fee for use of the Services via Apple Pay when you subscribe using Apple’s In-App Purchases. In the event that you subscribe via Apple’s In-App Purchases, you will need to contact Apple with any subscription issues that you have, and in the event that you want to cancel your Apple Pay subscription to the Services, you must cancel through Apple Subscriptions.
5.9. Other Terms Applicable to Subscription Services.
5.9.1. Permitted Number of Streams. Wahoo reserves the right to impose restrictions on the number of streams that can occur simultaneously under a single subscription or the maximum number of users per subscription.
6. Statutory Cancellation Rights Applicable to Subscription Services and Products
6.1. Cancellation Rights Applicable to Products and Services. Any cancellation rights applicable to the Products and Service, and associated terms, are available at https://eu.wahoofitness.com/returns-and-warranty; https://ca.wahoofitness.com/returns_and-warranty; https://www.wahoofitness.com/returns-and-warranty and are fully incorporated herein by reference.
7. Term and Termination
7.1. Term. These Terms for the Products and Services will commence upon your acceptance, your use of the Site or any Services, or your order of Products. With respect to the Services these Terms will continue for so long as you access or use any of the Services, or for so long as your subscription is in effect for paid Services, unless earlier terminated in accordance with these Terms.
7.2. Termination. Without prejudice to any other remedies and in addition to any other termination rights herein, Wahoo may terminate this agreement with you and may also at its discretion immediately terminate or suspend your Services account, and all or a portion of your Services subscription without notice as provided below:
7.2.1. if you commit a material breach of these Terms;
7.2.2. if you make an assignment for the benefit of creditors, or commence or have commenced against you any proceeding in bankruptcy, insolvency, or reorganization pursuant to bankruptcy laws, laws of debtor’s moratorium or similar laws;
7.2.3. if you provide false or inaccurate information to Wahoo;
7.2.4. if you violate these Terms or any other Wahoo rules or agreements then in effect;
7.2.5. if you engage in conduct that is a violation of any applicable law or tariff (including, without limitation, copyright and intellectual property laws); or
7.2.6. if you engage in conduct that is threatening, abusive or harassing to Wahoo employees, agents, or other Wahoo users, including, for example, making threats to physically harm or damage property.
7.3. Specific Termination Provisions for Subscription Services. Wahoo may also immediately terminate or suspend your Services account, and all or a portion of your Services subscription, without notice if your payment is overdue.
7.4. Effect of Termination or Expiration. The expiration (as distinct from the termination) of these Terms will not terminate any order of Products (“Order”) that is then in effect and not otherwise terminated and, notwithstanding anything in this Section 7, the terms and conditions of these Terms will continue in effect with respect to any such Order until its expiration or termination. Subject to the preceding sentence, upon expiration or termination of these Terms for any reason: (a) all Orders hereunder will terminate, and all rights and licenses granted by Provider hereunder to Customer will immediately cease; and (b) Customer will immediately cease use of any Services. All terms and conditions herein that by their nature should survive termination will survive the termination or expiration of these Terms. If we terminate or suspend your subscription to the Services, your license to use any software or content provided in connection with the subscription is also terminated or suspended (as applicable). If your subscription is terminated, Wahoo reserves the right to immediately delete all data, files, and other information stored in or for your account without further notice to you. You must pay all charges up to and including the date of termination and you shall have no right to obtain any refund or credit for the subscription fees you have previously paid. Should you wish to resume your subscription after any suspension, a restoration of service fee may apply. This fee is in addition to all past due unpaid charges and other fees.
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 Services; and (ii) ”User Content” means any content that users (including you) provide to be made available through the Services. 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 Services 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 Services.
You represent that you own (or have all rights necessary to grant Wahoo the rights below to) all User Content that you submit to the Services, and that Wahoo 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 Wahoo 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 Services permission to view your User Content for their personal, non-commercial purposes.
You may from time to time identify problems, solutions to identified problems, provide suggestions, comments or other feedback related to our Services or otherwise (“Feedback”) to Wahoo. You acknowledge and agree that all Feedback is and shall be given entirely voluntarily and Wahoo shall be free to use or disclose such Feedback for any purpose. You further acknowledge and agree that your Feedback does not contain confidential or proprietary information and you are not entitled to any compensation or reimbursement of any kind from Wahoo under any circumstances relating to such Feedback. If you provide Feedback, you hereby grant to Wahoo 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 Feedback 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 services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
Although we are not obligated to monitor access to or use of the Services or to review or edit any User Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, to comply with applicable law or other legal requirements and to maintain the integrity and reputation of the Services. 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 Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
9. Interactions with Other Users via the Services
10. Third-Party Content & Websites
We do not control, and we are not responsible for, any data, content, services, or products (including software) that you access, download, receive, buy, or use while using the Services. We may, but do not have any obligation to, block information, transmissions or access to certain information, services, products or domains to protect the Services, our network, the public or our users. We are not a publisher of third-party content accessed through the Services and are not responsible for the content, accuracy, timeliness or delivery of any opinions, advice, statements, messages, services, graphics, data or any other information provided to or by third parties as accessible through the Services.
From time to time, the Services may contain references or links to third-party materials not controlled by Wahoo or its suppliers or licensors. Wahoo provides such information and links as a convenience to you and should not be considered endorsements of such sites or any content, products or information offered on such sites. You acknowledge and agree that Wahoo is not responsible for any aspect of the information or content contained in any third party materials or on any third party sites accessible or linked to the Services.
11. Acceptable Use Policy
You agree to comply with all applicable laws and regulations in connection with your use of the Products and Services. You may not use our Services to post or transmit any illegal material, including without limitation any transmissions that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law or regulation. In particular, the following is a representative, non-exhaustive list of acts that are prohibited:
- Using the Services while operating a motor vehicle;
- The transmission or posting of chain letters or pyramid schemes, or other acts that involve deceptive online marketing practices or fraud;
- Acts that may materially and adversely affect the quality of other users’ experience;
- Actual or attempted unauthorized use or sabotage of any computers, machines or networks;
- Introducing malicious programs into Wahoo’s Services, network or servers (e.g. viruses, worms, Trojan horses, etc.);
- Engaging in any monitoring or interception of data not intended for you without authorization;
- Attempting to circumvent authentication or security of any host, network, or account without authorization;
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof;
- Adapt, modify or create derivative works based on the Services, technology underlying the Services, or other users’ content, in whole or part;
- Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on the Services (excluding content posted by you) except as permitted in these Terms, or as expressly authorized by Wahoo in writing;
- Using any method, software or program designed to collect identity information, authentication credentials, or other information;
- Transmitting or receiving, uploading, using or reusing material that is abusive, indecent, defamatory, harassing, obscene or menacing, or a breach of confidence, privacy or similar third party rights;
- Transmitting or receiving, uploading, using or reusing material that violates any intellectual property rights of a third party, including, without limitation, patents, trademarks, trade secrets or copyrights;
- Transmitting, receiving, uploading, using or reusing material that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Falsifying user identification information;
- Using the Services for anything other than lawful purposes including, but not limited to, intentionally or unintentionally violating any applicable local, state, national or international law; or
- Impersonating any person or entity, including, but not limited to, a Wahoo representative, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
Wahoo enforces a zero-tolerance SPAM policy regarding information transmitted through our network. Wahoo may determine in its sole discretion whether any transmissions are considered SPAM. SPAM includes, but is not limited to, the following:
- Bulk unsolicited e-mail, promotional material, or other forms of solicitation sent via the Services, or e-mail that advertises any IP address belonging to Wahoo or any URL (domain) that is hosted by Wahoo.
- The use of web pages set up on ISPs that allow SPAM-ing that directly or indirectly reference customers to domains or IP addresses hosted by Wahoo.
- Forging or misrepresenting message headers, whether in whole or in part, to mask the true origin of the message.
If Wahoo determines that you have posted one or more articles of SPAM, we may cancel your account immediately and take steps to prevent you from using our network at any time thereafter.
You agree not to use the Services for the purpose of recruiting for another website or service that offers competing functionality to the Services.
12. Copyright Protected Materials
Wahoo respects the intellectual property rights of others and expects that you do the same. It is our policy to terminate, in appropriate circumstances, the accounts of subscribers who infringe the copyrights of others. You may not upload, download, post, publish, transmit, reproduce, or distribute in any way, files, material, information, software or other material obtained through the Services that is protected by copyright or other proprietary right or derivative works with respect thereto, without obtaining permission of the copyright owner or other right holder. Wahoo has the right, but not the obligation, to remove from the Services any files, material, information, software or other material Wahoo believes is or may be, in its sole discretion, infringing or otherwise in violation of the rights of others.
If you believe in good faith that your copyright has been infringed, please provide a written communication regarding such belief to: firstname.lastname@example.org.
13. Right to Restrict or Terminate Access
In addition to and without restriction of any of the specific termination provisions elsewhere in these Terms, you understand and agree that Wahoo may deny or restrict your access to all or part of the Services, or terminate its agreement with you, without notice in its reasonable discretion if it deems that you have engaged in any conduct or activities that Wahoo in its reasonable discretion believes violates the letter or spirit of any of these Terms. If Wahoo denies or restricts your access to the Services because of such a violation, you shall have no right to obtain any refund or credit for the subscription fees you have previously paid.
Following termination, you shall immediately cease use of the Services and any license granted to you under any agreement related to your use of the Services shall immediately terminate. Upon termination, Wahoo reserves the right to delete all of your content, data, and other information stored on Wahoo’s servers. Wahoo will not be liable to you or any third party as a result of the termination of these Terms or the Services or for any actions taken by Wahoo pursuant to these Terms as a result of such termination. Without limiting the generality of the foregoing, Wahoo will not be liable to you or any third party for damages, compensation, or reimbursement relating to your use of the Services, or the termination thereof.
You may also terminate these Terms by terminating your use of the Services and any related account. Any sections or terms which by their nature should survive or are otherwise necessary to enforce the purpose of these Terms, will survive the termination of these Terms and termination of the Services. Termination of these Terms or the Services does not relieve you from your obligation to pay Wahoo any amounts owed to Wahoo.
You acknowledge and agree that you are solely responsible for protecting your password and other personal information and for the consequences of not protecting such data.
Access to our Services and to certain online transactions may involve the use of identification numbers, passwords, payment accounts or other individualized nonpublic information (“Private Documentation”). You shall use your best efforts to prevent unauthorized use of our Services, your account, or of any Private Documentation, and shall promptly report to Wahoo any suspected unauthorized use or other breach of security.
You shall be responsible for any unauthorized use of your account, identification numbers or passwords until we receive written notice of a breach of security and a request to block further access for such numbers and passwords. Wahoo shall not be liable for any unauthorized use of payment accounts.
15. Safety Warnings
Improper or excessive exercise can result in serious injury. Always consult your physician before beginning or modifying any exercise program, including before using the Products and Services. Never go beyond your own comfort level in any exercise program. Our Products and Services are not designed for users under 18 years of age or for persons above the advertised weight limit for the Products. Do not use the Products and Services if you are under 18 years of age or if you exceed the weight limit for the Products.
Our Products and Services offer health and fitness information that is designed for educational and entertainment purposes only. Our Products and Services are not intended to provide medical or healthcare information or advice, and nothing displayed or shown by the Products or Services is intended to be, and must not be taken to be, medical or healthcare information or advice. Use the Products and Services at your own risk.
By using the Products and Services, you affirm that your physician or general practitioner has approved of your use of the Products or Services or that you do not know of any reason you should not exercise, such as a diagnosed heart condition, history of chest pain when engaging in physical activity, diagnosis of high blood pressure, or past incident of loss of consciousness or dizziness that made you lose consciousness.
Read all Product manuals and all safety information thoroughly before assembly and use of the Products. Assemble and disassemble the Products only in accordance with Wahoo’s instructions. Check all Products before each use to ensure the Products are still properly assembled and will not cause personal injury or damage to equipment or surroundings. You are responsible for any damage that results from your incomplete or improper assembly or use of the Products or your failure to follow Wahoo’s instructions and warnings concerning the Products. Before purchasing the Products, ensure that you have confirmed the compatibility of the Products for your intended use and that you do not exceed any applicable weight limits for the Products.
16. Disclaimer of Warranty
Wahoo will attempt to provide the Services at all times, except for limited periods for maintenance and repair. However, the Services may be subject to unavailability for a variety of factors beyond our control including emergencies, third-party service failures, transmission, equipment or network problems or limitations, interference, signal strength, and may be interrupted, limited or curtailed. Delays or omissions may occur. We are not responsible for data, messages or pages lost, not delivered, delayed or misdirected because of interruptions or performance issues with the Services or communications services or networks. We may impose usage or Services limits, suspend the Services, or block certain kinds of usage in our sole discretion to protect users or the Services. The accuracy and timeliness of data received is not guaranteed.
YOUR USE OF THE SERVICES AND PRODUCTS IS AT YOUR SOLE RISK. ALL SITE CONTENT AND THE SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, NONINFRINGEMENT, AVAILABILITY OR ACCURACY OF INFORMATION. WAHOO DOES NOT WARRANT THAT THE SERVICES OR THE PRODUCTS WILL BE AVAILABLE, WILL MEET YOUR REQUIREMENTS OR WILL OPERATE IN AN UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. WAHOO DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES OR THE PRODUCTS, IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR CONDITIONS, OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH EVENT, WAHOO’S WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES AND PRODUCTS WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW IN SUCH JURISDICTION.
17. Limitation of Liability
UNDER NO CIRCUMSTANCES WILL WAHOO, ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS OR OTHER THIRD PARTY PARTNERS (“WAHOO PARTIES”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES OR PRODUCTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY; INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, LOSS OF BUSINESS OR BUSINESS INTERRUPTION, WHETHER DIRECT OR INDIRECT, ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICES AND PRODUCTS.
A WAHOO PARTY’S TOTAL CUMULATIVE LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID WAHOO FOR YOUR USE OF THE SERVICES IN THE PRIOR THREE (3) MONTHS; (B) THE AMOUNT YOU PAID WAHOO FOR YOUR PURCHASE OF THE PRODUCT GIVING RISE TO THE CLAIM, AND (C) THE SUM OF ONE HUNDRED (100) US DOLLARS.
SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY. IN SUCH STATES OR JURISDICTIONS, THE WAHOO PARTIES’ LIABILITY TO YOU SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY WAHOO TO YOU AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN SECTIONS 16 AND 17 WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS AGREEMENT.
You shall indemnify and hold harmless Wahoo and its officers, directors, employees, agents, affiliates, successors and permitted assigns from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys' fees) arising from (a) any Feedback information or User Content or other materials provided by you, or Wahoo’s receipt or use thereof, infringes any intellectual property right or misappropriate any trade secret of a third party, (b) any information or materials provided by you (including but not limited to the User Content), or (c) your violation of laws.
19. Dispute Resolution
Excluding claims for injunctive or other equitable relief, for any claim where the total amount of the award sought is less than $10,000, you and Wahoo agree that any dispute, claim or controversy arising out of or relating to these Terms or arising out of or relating to Wahoo’s Products and Services (the “Disputes”) will solely be resolved through binding, non-appearance-based arbitration. The party initiating such arbitration shall only initiate the arbitration through an established alternative dispute resolution forum. The arbitration shall be conducted by telephone, online or be solely based on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not require any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. Any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, each party waives any right to a jury trial.
You agree that before initiating any Dispute or arbitration proceeding, we will attempt to negotiate an informal resolution of any dispute. To begin this process, before initiating any arbitration proceeding, you must send a Notice of Dispute by certified mail to the attention of Wahoo’s Legal Department at the Wahoo Fitness, 90 W. Wieuca Road NE, Atlanta, GA 30342. In the Notice, you must describe the nature and basis of the Dispute and the relief you are seeking. If we are unable to resolve the Dispute within forty-five (45) days after Wahoo’s receipt of the Notice of Dispute, then you or Wahoo may initiate arbitration proceedings as set out above.
You and Wahoo agree that for any arbitration you initiate, you will pay the filing fee (up to a maximum of $250 if you are a consumer), and Wahoo will pay the remaining arbitration fees and costs. For any arbitration initiated by Wahoo, Wahoo will pay all arbitration fees and costs. You and Wahoo agree that the state or federal courts of the State of Georgia and the United States sitting in Atlanta, Georgia have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any Dispute must be filed within one year after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that you and Wahoo will not have the right to assert the claim.
You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section by emailing email@example.com. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 24.
If any portion of this Section is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section will be enforceable.
20. Electronic Notices and Disclosures
You acknowledge and agree that Wahoo may provide notices and other disclosures to you electronically by posting such notices or other disclosures on Wahoo’s website or by emailing it to you at any email address provided to Wahoo by you. Such notices or other disclosures shall be considered received by you following the posting on the website or twenty-four (24) hours following the email being sent to you, as applicable. Any such electronic notice or other disclosure shall have the same effect and meaning as if it had been provided to you as a paper copy.
21. Changes to the Terms
We may add to, change, or remove any part of these Terms at any time without prior notice to you other than listing of a later effective date than the one set forth at the top of these Terms. Such modification shall be effective immediately upon posting at the Site. As your next visit to the Site or use of the Services and Products may be governed by different Terms, we encourage you to look for a new effective date on these Terms when you visit the Site or use the Services. It is your responsibility to check these Terms periodically for changes. If we make any material changes to these Terms, we will endeavor to provide registered users with additional notice of any changes, such as at your e-mail address of record or when you log-in to your account.
Your use or continued use of the Services following the posting or notice of any changes to these Terms or any other posted policies shall constitute your acceptance of the changed Terms or policies.
22. Access to Services Through Apple App Store
If you are accessing the Services through an application from the Apple App Store, you and Wahoo agree to the following additional terms:
- Wahoo and you acknowledge that these Terms are concluded between you and Wahoo only, and not with Apple, and Wahoo, not Apple, is solely responsible for the Services and the content thereof. Wahoo and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof. Wahoo and you agree to be bound by the App Store Terms of Service as of the Effective Date (which you acknowledge you have had the opportunity to review), including without limitation the Usage Rules (as defined in the App Store Terms of Service) (capitalized terms below have the definitions given to them in the App Store Terms of Service unless otherwise defined herein).
- You may only access the Services on an iOS product that you own or control (except that the Services may also be accessed and used by other accounts associated with You via Family Sharing or volume purchasing) and only as permitted by the Usage Rules set forth in the App Store Terms of Service.
- To the extent set forth herein or required by applicable law, Wahoo is solely responsible for providing any maintenance and support services with respect to the Services. You and Wahoo acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services.
- Wahoo, not Apple, is solely responsible for any product warranties set forth in these Terms, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Services to you; provided that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, if any, will be Wahoo’s sole responsibility, to the extent not disclaimed herein.
- Wahoo and you acknowledge that Wahoo, not Apple, is responsible for addressing any claims by you or any third party relating to the Services or your possession and/or use of the Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- Apple shall in no way be responsible for any claim (including any related investigation, defense, settlement or discharge thereof) that the Services or your possession and use of the Services infringe any third party’s intellectual property rights.
- If you send SMS messages through Services, you acknowledge that standard text messaging rates or other carrier charges may apply to such use.
- You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that that is on Title 15, part 740 Supplement 1 Country Group E of the U.S. Code of Federal Regulations; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- If you authorize Wahoo to access your Address Book on your iOS product, you acknowledge and agree that Wahoo may access and use such data to invite you to share information with your contacts.
- You and Wahoo agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the Terms, and upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary thereof.
23. United Kingdom and Germany Combined Specific Financing Terms for Klarna and Slice It
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment methods. Payment is to be made to Klarna.
Financing: With the financing service from Klarna you can pay your purchase in flexible or fixed monthly instalments according to the conditions stated in the checkout. The instalment payment is due at the end of each month after submission of a separate monthly invoice by Klarna. Further information regarding Slice It including terms and conditions and Standard European Consumer Credit Information you can find here for the markets where this payment method is available: United Kingdom and Germany.
The payment method Slice It is only available in case of a positive credit assessment. For this purpose, during the order process and handling of your purchase, we forward your data for an address and credit check to Klarna. We can only offer you the payment methods available based on the result of the credit check. General information about Klarna and the user terms per country can be found on klarna.com. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarnas privacy statement.
These Terms, along with any rules, guidelines, or policies published on the Wahoo homepage constitute the entire agreement between Wahoo and you with respect to your use of our Services. If there is any conflict between the Terms and any other rules or instructions posted on the Services, the Terms shall control. No amendment to these Terms by you shall be effective unless acknowledged in writing by Wahoo. Notwithstanding the foregoing, Wahoo reserves the right, in its sole discretion, to modify these Terms or the policies referenced herein at any time as set forth above. These Terms shall be governed by, and construed in accordance with, the laws of the state of Georgia, without reference to its choice of law rules. Subject to the arbitration provisions in Section 19, the exclusive venue for any action arising out of or in connection with this agreement shall be in Atlanta, Georgia. The parties each hereby consent to the jurisdiction and venue in Atlanta, Georgia and waive any objections to such jurisdiction and venue. Notwithstanding the foregoing, you agree that Wahoo shall be entitled to apply for injunctive remedies or other equitable relief in any jurisdiction. Subject to any applicable law to the contrary, you agree that any cause of action arising out of or related to the use of our Services must be commenced within one (1) year after the cause of action accrues, or such action will be permanently barred. If any portion of these Terms is found to be unenforceable or invalid for any reason, that provision will be limited or eliminated to the minimum extent necessary so that the rest of these Terms will otherwise remain in full force and effect. You may not assign your rights or obligations under these Terms without the prior written consent of Wahoo.
Wahoo’s failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right. Any sections or terms which by their nature should survive or are otherwise necessary to enforce the purpose of these Terms, will survive the termination of these Terms and termination of the Services. All headings included in these Terms are included for convenience only, and shall not be considered in interpreting these Terms. These Terms do not limit any rights that Wahoo may have pursuant to any intellectual property laws or any other laws. All rights and remedies available to Wahoo, pursuant to this Agreement or otherwise, at law or in equity, are cumulative and not exclusive of any other rights or remedies that may be available to Wahoo. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, or any other materials issued in connection therewith, or exploitation of the Services or any data or other material used or displayed through the Services. Except as otherwise expressly set forth herein, there shall exist no right of any person, other than you and Wahoo, to claim a beneficial interest in these Terms or any rights occurring by virtue of these Terms. No independent contractor relationship, partnership, joint venture, employer- employee or franchise relationship is created by these Terms.
If you have any questions, complaints, or claims, you may contact Wahoo Fitness at 90 West Wieuca Rd NE Suite 110, Atlanta, GA 30342, 1-877-978-1112.