THE RIDE BY KEISER SUBSCRIPTION AND PURCHASE AGREEMENT
Welcome to the Subscription and Purchase Agreement for The Ride by Keiser (the Service). Please read these terms and conditions carefully before using the site!
This agreement is between you and the entity providing the Service to you, which may be, depending on your location, Keiser Corporation, Keiser UK Ltd, and/or its affiliates ("Keiser", "we" or "us").
Please read these terms, along with the Privacy Policy, Terms and Conditions, and Institutional and Individual End User License Agreement related to the Service (collectively, this “Agreement”). Each time you visit, browse, or use the Service, you accept this Agreement and agree to be bound by all of these terms and the aforementioned Privacy Policy, Term and Conditions and the Institutional and Individual End User License Agreement. If you do not agree to all of these terms, then you may not access or use the Service.
CONSULT YOUR DOCTOR BEFORE USING THE RIDE BY KEISER
The Service is not intended to diagnose, treat, cure, or prevent any disease. The Service offers health and fitness information designed for educational and entertainment purposes. If you have a medical or heart condition, consult your doctor before using the Service, engaging in an exercise program, or changing your diet. If you experience a medical emergency, stop using the Service and consult with a medical professional. We are not responsible for any health problems that may result from training programs, consultations, products, or events you learn about through the Service. If you engage in any exercise program you receive or learn about through the Service, you agree that you do so at your own risk and are voluntarily participating in these activities.
1. THE SERVICE
The Service is a service that offers classes, workouts, instruction, and other content (collectively, "Digital Content") and other services as provided in this Agreement.
2. COMPATIBLE DEVICES
In order to stream or download Digital Content, you will need to use a personal computer, portable media player, or other device that meets the system and compatibility requirements that we establish from time to time (a "Compatible Device"). Some Compatible Devices may be used only to stream Digital Content, some may be used only to download Digital Content, and some may be used to stream and download Digital Content. We may change the requirements for Compatible Devices from time to time and, in some cases, whether a device is (or remains) a Compatible Device may depend on software or systems provided or maintained by the device manufacturer or other third parties. Accordingly, devices that are Compatible Devices at one time may cease to be Compatible Devices in the future. The Keiser entity that provides you The Ride by Keiser mobile app may be different than the Keiser entity that provides you the Service.
4. DIGITAL CONTENT
a. General. The Service may allow you to: (i) access Digital Content on a subscription basis for viewing during a limited period of time during a subscription period ("Subscription Digital Content"), (ii) rent Digital Content for on-demand viewing over a limited period of time ("Rental Digital Content"), (iii) purchase Digital Content for on-demand viewing over an indefinite period of time ("Purchased Digital Content"), (iv) purchase Digital Content for pay-per-view viewing over a limited period of time ("PPV Digital Content"), and/or (v) access Digital Content on a free, ad-supported or promotional basis for viewing over a limited period of time ("Free Digital Content"). Digital Content may be available as Subscription Digital Content, Rental Digital Content, Purchased Digital Content, PPV Digital Content, Free Digital Content, or any combination of those, and in each case is subject to the limited license grant below.
b. Subscriptions/Memberships. As an express condition of your use of and access to the Service, you agree to pay all fees applicable to your Digital Content, including but not limited to subscription fees, rental fees, or any other fees for additional services you may purchase, and any applicable taxes in connection with your use of the Service.
Offers and pricing for subscriptions (also referred to at times as memberships), the subscription services, the extent of available Subscription Digital Content, and the specific titles available through subscription services, may change over time and by location without notice (except as may be required by applicable law). Unless otherwise indicated, any price changes are effective as of the beginning of the next subscription period. If you do not agree to a subscription change, you may cancel your subscription per Section 4(d) below. The pricing for subscriptions or memberships may include VAT and/or other taxes. Where applicable, such taxes will be collected by the party with whom you transact for the service, which may be Keiser or a third party. We make no guarantee as to the availability of specific Subscription Digital Content or the minimum amount of Subscription Digital Content available in any subscription.
c. Cancellation of Subscriptions/Memberships. If you signed-up for your Subscription Digital Content or membership directly through us, you may cancel any time by visiting Your Account and adjusting your membership settings, by contacting TheRideSupport@keiser.com, or, if you transact for the applicable Subscription Digital Content or membership service through a third party, through your account with such third party.
d. Purchase and Rental Transactions; Cancellations. Except as described in this paragraph, all transactions for Purchased Digital Content, Rental Digital Content and PPV Digital Content are final, and we do not accept returns of such Digital Content.
e. Payment Methods. If you sign up for your subscription or membership through us and are billed by us, then the billing terms described below will apply to your subscription or membership.
If we are unable to process your payment using your designated payment method, we reserve the right to charge any payment method we have on file for you.
If you purchase a subscription or start a free trial for a subscription, your subscription will automatically continue, and you authorize us (without further notice, unless required by applicable law) to collect the then-applicable periodic subscription fee including any taxes, using any payment method we have on file for you.
UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO RENEW, YOU UNDERSTAND THAT YOUR SUBSCRIPTION WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE PERIODIC SUBSCRIPTION FEE INCLUDING ANY TAXES, USING ANY PAYMENT METHOD WE HAVE ON FILE FOR YOU.
If all payment methods we have on file for you are declined for payment of your subscription fee, your subscription will be cancelled unless you provide us with a new payment method. If you provide us with a new payment method and are successfully charged before your subscription is cancelled, your new subscription period will be based on the original billing date and not the date of the successful charge. You can use "Your Account" settings to update your designated payment method(s).
If you signed up for your video-only subscription or membership through a third party and are not billed directly by us, then the billing terms provided by the third party will apply to your subscription or membership.
f. Promotional Trials. We sometimes offer eligible customers various trial or other promotional memberships, which are subject to this Agreement except as otherwise stated in the promotional offers. We reserve the right, in our sole discretion, to determine your eligibility. Trial members may at any time (through Your Account) choose not to continue to paid membership at the end of the trial period.
g. Limited License to Digital Content. Subject to payment of any charges to rent, purchase, or access Digital Content, and your compliance with all terms of this Agreement, Keiser grants you a non-exclusive, non-transferable, non-sublicensable, limited license, during the applicable Viewing Period, to access and view the Digital Content in accordance with the Usage Rules, for personal, non-commercial, private use.
h. Availability of Purchased Digital Content. Purchased Digital Content will generally continue to be available to you for download or streaming from the Service, as applicable, but may become unavailable due to potential restrictions or for other reasons, and Keiser will not be liable to you if Purchased Digital Content becomes unavailable for further download or streaming.
i. Playback Quality; Streaming. The playback resolution and quality of the Digital Content you receive will depend on a number of factors, including the type of Compatible Device on which you are accessing the Digital Content and your bandwidth, which may increase or decrease over the course of your viewing. If we detect that Digital Content we are streaming to you may be interrupted or may otherwise not play properly due to bandwidth constraints or other factors, we may decrease the resolution and file size of the streamed Digital Content in an effort to provide an uninterrupted viewing experience. While we strive to provide you a high quality viewing experience, we make no guarantee as to the resolution or quality of the Digital Content you will receive when streaming, even if you have paid extra for access to high definition, ultra-high definition, or high-dynamic-range content.
j. General Restrictions. You may not (i) transfer, copy or display the Digital Content, except as permitted in this Agreement; (ii) sell, rent, lease, distribute, or broadcast any right to the Digital Content; (iii) remove any proprietary notices or labels on the Digital Content; (iv) attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or other content protection system used as part of the Service; or (v) use the Service or Digital Content for any commercial or illegal purpose.
5. SOFTWARE
a. Use of the Software. We may make available software for your use in connection with the Service ("Software"). Terms contained in the Institutional and Individual End User License Agreement apply to your use of Software.
b. Information Provided to Keiser. The Service and Software may provide Keiser with information relating to your use and the performance of the Service and Software, as well as information regarding the devices on which you download and use the Service and Software. For example, the Software may provide Keiser with information related to the Digital Content that you download and stream and your use of that Digital Content (such as whether and when you viewed the Digital Content, which may, among other things, help us measure the Viewing Period for Rental Digital Content). Any information we receive is subject to the Keiser Privacy Policy.
6. ADDITIONAL TERMS
a. Termination. We may terminate your access to the Service, including any subscription available as part of the Service, at our discretion without notice (except as may be required by applicable law). If we do so, we will give you a pro-rated refund of your subscription fee (if any); however, if you violate any of the terms of this Agreement, your rights under this Agreement will automatically terminate without notice, and Keiser may, in its discretion, immediately revoke your access to the Service and to Digital Content without refund of any fees. In such event, you must delete all copies of Digital Content that you have downloaded.
b. Explicit Content. By using the Service, you may encounter content that may be offensive, indecent or objectionable; this content may or may not be identified as having explicit language or other attributes. Nevertheless, you agree to use the Service at your sole risk, and Keiser has no liability to you for any content.
c. User Upload of Content. The Service may allow users to input, upload, and share information and data in connection with the Service (collectively, “User Content”). You are solely responsible for your use of any User Content and use such User Content at your own risk. By posting any User Content, you represent and warrant that you own and control all of the rights to the User Content that you post. You further agree that you will not violate any rights of or cause injury to any person or entity.
d. Communications. We may send you promotions or otherwise communicate with you electronically, which may include e-mail, or push notification, and you hereby consent to receive those communications (unless you are a customer in the European Union, Turkey or Brazil, in which case the preceding sentence does not apply). These communications will be in accordance with the Keiser Privacy Policy. To stop receiving marketing communications from Keiser, use the opt-out links in such communications, update your marketing communication preferences from Your Account, or contact Keiser.
e. Modification of Service. Keiser reserves the right to modify, suspend, or discontinue the Service, or any part of the Service, at any time and without notice (except as required by applicable law), and Keiser will not be liable to you should it exercise such rights, even if your ability to use Digital Content is impacted by the change.
f. Amendments. Keiser reserves the right to make changes to this Agreement at any time by posting the revised terms in connection with the Service. To the maximum extent permitted by law, your continued use of the Service or Software following any changes will constitute your acceptance of such changes.
g. DISCLAIMER OF WARRANTIES. THE SERVICE, ALL MATERIALS, AND ALL USER CONTENT, OTHER SUBMISSIONS AND OTHER INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN OR MADE AVAILABLE ARE PROVIDED BY ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. KEISER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY LAW, KEISER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KEISER DOES NOT WARRANT THAT THE SERVICE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, KEISER'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM KEISER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
h. Age Requirements. Keiser does not sell products to children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. Persons under the age of 18, or any higher minimum age in the jurisdiction where that person resides, are not permitted to access or use the Service unless their parent or guardian has consented in accordance with the applicable law. Keiser reserves the right to refuse service, terminate accounts, terminate your rights to use the Service, remove or edit content, or cancel orders in its sole discretion.