Keiser Terms & Conditions
New! Keiser has recently revised and amended these Terms and Conditions. These Terms and Conditions apply to your access and use of Keiser Services. The new changes are incorporated in the Terms and Conditions below.
Effective Date: September 23rd, 2020
1. CONDITIONS OF USE AND TERMS OF SERVICE
Welcome to Keiser Services and the Keiser Corporation, and/or its affiliates (collectively, "Keiser"). Keiser provides website features, "Keiser M Series App," "Keiser M Series Group", "Keiser M Series Instructor", "Keiser M Series Design Suite", "Keiser App", and "Keiser Metrics App" and other products and services to you and your facility when you visit, signup for, or shop at Keiser.com. To use any of the aforementioned Keiser products or services or to use Keiser applications for mobile devices, by products or to use software provided by Keiser in connection with any of the foregoing (collectively, "Keiser Services"), you are bound by these terms and conditions. Please read them carefully and contact us if you have any questions.
If you live in the European Union, the United Kingdom or Switzerland, these Terms and Conditions are an agreement between you and Keiser UK Ltd, a United Kingdom company with its registered office at Unit 3, Hampton St., Tetbury, Gloucester GL8 8LD. If you reside anywhere else, these Terms and Conditions are an agreement between you and Keiser Corporation, 2470 S. Cherry Avenue, Fresno California, 93706, a California, United States of America, corporation.
To create a Keiser account and to access Keiser Services, you must accept these Terms and Conditions. If you do not have an account, you still accept these Terms and Conditions by using any part of Keiser Services. If you do not accept these Terms and Conditions, do not create an account or use Keiser Services.
We offer a wide range of Keiser Services, and sometimes additional terms may apply. When you use a Keiser Service (for example, Your Profile, shopping or fitness applications) you also will be subject to the guidelines, terms and agreements applicable to that Keiser Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
2. PRIVACY & COLLECTION OF PERSONAL INFORMATION
For health care providers or health care entities that purchase and participate in Keiser Metrics through Keiser Services, Keiser specifically disclaims and does not and will not collect HIPAA private personal information unless the health care provider or health care entity has received prior written consent from Keiser in the form of a Business Associate Agreement (BAA). Please contact Keiser at email@example.com to be considered for HIPAA BAA. The following is a link to the Keiser Business Associate Agreement Policy (www.keiser.com/baa).
3. CREATING AN ACCOUNT
To use many Keiser Services, you will be required to create an account by providing us with information such as your full name and a valid address and password. You are responsible for all activity that occurs in association with your account. Keiser is not liable for any loss or damages caused by your failure to maintain confidentiality of your account credentials. Please contact Customer Support (firstname.lastname@example.org) if you discover or suspect any security breach related to your Keiser Service or account.
To purchase Keiser Services and products, you may be required to be logged into your account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password.
4. NECESSARY EQUIPMENT
Some use of Keiser Services requires the use of a computer or mobile computing device with applicable software and Internet access. The security and maintenance of this equipment may affect your ability or performance of the Keiser Services. It is your responsibility to ensure your equipment's functionality and performance. You are responsible for all Internet access charges.
5. AGE REQUIREMENT
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 Keiser Services 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 Keiser Services, remove or edit content, or cancel orders in its sole discretion.
6. ELECTRONIC COMMUNICATIONS
When you use Keiser Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. When you do so, you consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Keiser Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You are responsible for any messaging or data fees you may be charged by your wireless carrier.
7. KEISER CONTENT RIGHTS
"Keiser Content" includes any images, graphics, video, audio, photos, music, data, exercise regimens, logs, comments, software, works of authorship of any kind, and other information, content, or other materials that are posted, generated, provided, or otherwise made available through Keiser Services. Keiser Services, Keiser Content and the underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of the United States, European Union and foreign countries. Keiser reserves all rights not expressly set forth in these Terms and Conditions. Our trademarks, logos, and any other Keiser graphic that may appear on the Keiser Service, and the overall look and feel of the Keiser Service, including page headers, graphics, icons and scripts, may not be copied, imitated or used, in whole or in part, without Keiser's prior written permission. You agree not to remove, change or obscure any copyright, trademark, service mark, or other propriety rights notices incorporated in any Keiser Service. Other trademarks, product, and service names and company names or logos used on Keiser Services are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the express permission of the applicable trademark holder. Keiser's trademarks and trade dress may not be used in connection with any product or service that is not Keiser's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Keiser.
8. MARKETING AND OTHER MATERIALS
Permission to use materials (such as brochures, press releases, owners manuals) from Keiser Services is granted, provided that the use of the materials is for informational, non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media. You agree not to distribute, publish, transmit, modify, display or create derivative works from or exploit the contents of Keiser Services in any way. Except as expressly authorized by Keiser in writing, you may not reproduce, sell or exploit for any commercial purposes any part of Keiser Services. You agree to indemnify, defend and hold harmless Keiser for any and all unauthorized uses you may make of any material on this site. You acknowledge the unauthorized use of the contents could cause irreparable harm to Keiser and that in the event of unauthorized use, Keiser shall be entitled to an injunction in addition to any other remedies available at law or in equity.
One or more patents owned by Keiser apply to the Keiser Services and to the features and services accessible via the Keiser Services. Portions of the Keiser Services operate under license of one or more patents.
10. LICENSE AND ACCESS
Keiser Services is intended for your personal, non-commercial use.
Keiser Services does offer a premium service for Institutional and Individual Users for a fee that allows for the commercial use of Keiser Services pursuant to and subject to the terms and conditions of the Keiser Corporation, Institutional and Individual End User Agreement. See here for the Keiser Corporation, Institutional and Individual End User Agreement. (www.keiser.com/eula)
Keiser grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to (1) access and use the Keiser Service, (2) access and view the Keiser Content, (3) access and use the software and mobile applications provided by the Keiser Service, and (4) use the software that is embedded into Keiser devices as authorized in these Terms and Conditions and subject to payment of all required applicable fees. With respect to items (3) and (4), this license includes any third-party software embedded in any Keiser Service. This license is provided solely for your personal, non-commercial use and enjoyment of the Keiser Service as permitted in these Terms.
You will not use, copy, adapt, modify, translate, disclose, prepare derivative works based upon, distribute, license, sell, rent, lease, assign, transfer, publicly display, publicly perform, transmit, broadcast, sublicense, or otherwise exploit the Keiser Content, Keiser Service or any portion thereof (including any third-party software), except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Keiser or its licensors, except for the licenses and rights expressly granted in these Terms.
You may not misuse the Keiser Services. You may use the Keiser Services only as permitted by law. The license granted by Keiser terminates if you do not comply with these Terms and Conditions of Use.
Except to the extent permitted by law, you may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the Keiser Service: (1) use, display, mirror, or frame the Keiser Service or any individual element within the Keiser Service, including the layout and design of any page, without Keiser's prior express written consent; (2) use Keiser's name, any Keiser trademark or logo, or any proprietary information without Keiser's prior express written consent; (3) access or tamper with non-public areas of the Keiser Service, Keiser's computer systems, or the technical delivery systems of Keiser's providers; (4) test the vulnerability of any Keiser system or breach any security or authentication measures; (5) circumvent any technological measure implemented by Keiser or any of our providers or any other third party (including another user) to protect the Keiser Service; (6) access the Keiser Service or Keiser Content through the use of any mechanism other than through the use of an Authorized Connection, Keiser Service, or Keiser API; or (7) modify, decompile, disassemble, reverse engineer, tamper with, or otherwise attempt to derive the source code of any software that Keiser provides to you or any other part of the Keiser Service.
You are granted a limited, nonexclusive, and nontransferable right to create a text hyperlink to the Keiser Service for noncommercial purposes, provided that such link does not portray Keiser or any of its products or services in a false, misleading, derogatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing, or otherwise objectionable. This limited right may be revoked by Keiser at any time at Keiser's sole discretion.
Keiser is based in the State of California, USA. Keiser makes no representation that materials in this Web Site are appropriate or available for use in other locations. If you access this Web Site from other locations, you are responsible for complying with local laws.
12. REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Keiser may enable you may post reviews, comments, photos, videos, exercise regimens, food logs, recipes, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information.
You are responsible for Your Content.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Keiser for all claims resulting from content you supply.
You represent and warrant that Your Content, the use and provision of Your Content on the Keiser Services, will not (1) infringe, misappropriate, or violate a third party's patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (2) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (3) be fraudulent, false, misleading, or deceptive; (4) be defamatory, obscene, pornographic, vulgar, or offensive; (5) promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (6) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (7) promote harmful or illegal activities or substances.
You further agree not to (1) use or attempt to use another user's account without authorization or impersonate any person or entity; (2) upload any content that contains software viruses or is designed to interrupt, destroy, or limit the functionality or any services or equipment, or that contains harmful, disruptive, destructive files or content; (3) solicit or collect information of other users for any reason whatsoever, including, without limitation, for sending unsolicited communications; (4) post, advertise, or promote products and services commercially, or upload any content that is advertising, promotional material, junk mail, spam, or a contest or sweepstake, or that further promotes criminal activity: or (5) use the Keiser Services in any manner that, in our sole discretion, is objectionable or restricts or inhibits any other person from using or enjoying Keiser Services, or which may expose us or our users to any harm or liability of any type.
Keiser reserves the right (but not the obligation) to remove, refuse to display or edit Your Content, and may forbid you from posting, uploading, storing, sharing, sending, or displaying Your Content. Keiser does not regularly review posted content.
By making Your Content or submitted material available on or through Keiser Services you hereby grant to Keiser, unless we indicate otherwise, a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Keiser and sublicensees the right to use the name that you submit in connection with such content, if they choose. Keiser has the right but not the obligation to monitor and edit or remove any activity or content. Keiser takes no responsibility and assumes no liability for any content posted by you or any third party.
13. THIRD-PARTY SERVICES
14. ENFORCEMENT RIGHTS
Keiser reserves the right, but is not required, to remove or disable access to the Keiser Services, any Keiser Content, or Your Content at any time and without notice, and at Keiser's sole discretion. If we determine that the Keiser Content, Your Content, or you use the Keiser Service in an objectionable way or in violation of these Terms and Conditions, we have the right to investigate violations of these Terms and Conditions and any conduct that affects the Keiser Service, and in response may take any action we may deem appropriate.
15. USE SERVICE AT YOUR OWN RISK
If you rely on any Keiser Service or Keiser Content, you do so at your own risk.
At Keiser, our goal is to provide you with accurate and helpful information on the Keiser Service and Keiser Content, but we make no endorsement, representation, or warranty of any kind about any Keiser Service or Keiser Content, information or services. The accuracy of the data collected and presented through the Keiser Service is not intended to match that of medical devices or scientific measurement devices.
We are not responsible for the reliability, accuracy, availability, effectiveness, or correct use of data and information you receive through the Keiser Service or Keiser Content. Keiser Service and Keiser Content may change from time to time.
Use of Keiser Service and Keiser Content should not replace your good judgement and common sense. Please read and comply with all safety notices that accompany your use of Keiser equipment and Services.
16. COPYRIGHT/DMCA POLICY
Keiser respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that their Your Content does not infringe any third-party copyright or other intellectual property rights.
If properly notified that any materials infringe a third party's copyright, Keiser will promptly remove such materials from any Keiser Site in accordance with the U.S. Digital Millennium Copyright Act ("DMCA"), the U.K. Copyright Designs and Patents Act 1988 ("CDPA"), the U.K. Digital Economy Act 2010 ("DEA"), or equivalent laws which are applicable in other jurisdictions. In addition, Keiser may, when appropriate, terminate the accounts of repeat copyright infringers.
Filing a DMCA, CDPA or DEA Notice (or equivalent legal notice) to Remove Copyrighted Content - for Copyright Holders:
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:
Your name, address, telephone number, and email address.
A description of the copyrighted work that you claim has been infringed.
A description of where on the Keiser sites the material that you claim is infringing may be found, sufficient for us to locate the material (e.g., the URL).
A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.
A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Your electronic or physical signature.
You may submit this information, or any counter notice, via:
Email, with the subject line "Copyright Notices" to: email@example.com
2470 S. Cherry Avenue, Fresno, CA 93706
Attn: Copyright Agent
17. RISK OF LOSS
All purchases of physical items from Keiser are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
18. SALES, RETURNS & REFUND
These Terms and Conditions apply to the purchase of physical goods from Keiser. The Terms of Sale are incorporated into and made a part of these Terms and Conditions. All orders placed are subject to Keiser's acceptance. We may accept, decline, or place limits on your order for any reason.
STRENGTH AND COMMERCIAL CARDIO RETURNS & REFUND
Equipment must be returned within 30 days of receipt for refund. Use the original box or a sturdy substitute to ship items, if unavailable please contact your sales rep for instruction on how to best proceed with the return. After receipt and inspection, a refund will be issued less a the cost of return freight and a 15% restocking fee.
Customer must contact Keiser directly to arrange for return and refund. Return of equipment will only be accepted by Keiser with prior written authorization and a Return Authorization Number please call Customer Service (800) 888-7009, 7:00 a.m. to 5:30 p.m. PST, or e-mail us via our contact center to obtain one.
RESIDENTIAL CARDIO RETURNS AND REFUNDS
You can return your product for any reason in the first 30 days. Once received back at Keiser Corporation, you will be issued a refund less the cost of return freight and the cost of replacing any damaged parts.
First, we will see if we can get a service technician or local sales rep to pick up the cycle fully assembled. If this isn't an option, you can disassemble the cycle and repackage it for Fedex pickup. With either of these options, your return freight is $185. If disassembling for Fedex pickup, we recommend using a lot of bubble wrap to avoid damage in transit; it is the customer's responsibility to repackage the equipment to prevent any damages upon return.
If your product cannot be picked up locally or disassembled and re-packaged for pickup, it will have to be picked up fully assembled. Freight rates available upon request for a fully assembled pickup, prices vary by location.
It is the customer's responsibility to make arrangements to receive the shipment. Tracking information will be provided once your shipment has left Keiser HQ, noting a projected delivery date. If a shipped order returns to Keiser through a canceled order, refused delivery, incorrect address supplied by the customer, unsuccessful attempt(s) to collect signature release or failure to retrieve the package from a distribution terminal in a timely manner, a fee of $185 will be assessed for the re-shipment of the order.
RESIDENTIAL ACCESSORY RETURNS AND REFUNDS
You can return any accessory you have purchased in the first 30 days after receipt. You can mail the accessories back to Keiser at the address below:
Attn: E-Commerce Return
2470 S. Cherry Ave.
Fresno, CA 93706
Once received, you will be issued a full refund for the returned accessories.
19. CONSULT YOUR DOCTOR BEFORE USING KEISER SERVICE
The Keiser Service is not intended to diagnose, treat, cure, or prevent any disease. If you have a medical or heart condition, consult your doctor before using the Keiser Service, engaging in an exercise program, or changing your diet. If you experience a medical emergency, stop using the Keiser 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 Keiser Service. If you engage in any exercise program you receive or learn about through the Keiser Service, you agree that you do so at your own risk and are voluntarily participating in these activities.
NOTHING STATED OR POSTED ON THE KEISER SERVICE SITE(S) OR AVAILABLE THROUGH ANY KEISER 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 KEISER SERVICE IS CONTINUALLY UNDER DEVELOPMENT AND, TO THE FULL EXTENT PERMITTED BY LAW, KEISER 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 ON ANY KEISER WEBSITE OR ELECTRONIC PLATFORM. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN THE KEISER SERVICE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
20. EQUIPMENT USE ASSUMPTION OF RISK
The use of any Keiser exercise equipment, including, without limitation, Keiser's strength training equipment in which resistance can be changed at anytime during the repetition, and any fixed gear bike, including, without limitation, the complete line of Keiser cardio equipment, without proper instruction and supervision violates the terms of this agreement for purchase of such products. The ability to add resistance anytime during a repetition, including, without limitation, the ability to do a heavy negative may be dangerous, especially for anyone that does not recognize or respect the potential danger. The inability to stop pedaling on a fixed gear bike before the flywheel stops may also be dangerous to anyone riding, especially anyone that does not recognize or respect the potential danger. Therefore, users, agents, or anyone directing the use of said equipment shall determine the suitability of the product for its intended use, and said parties are specifically put on notice that they shall assume all risk and liability in connection herewith. This does not include liabilities arising out of, connected with, and/or relating to the design, manufacture, materials, or workmanship of any Keiser Product. By clicking "I agree to the terms of purchase," user acknowledges that they are authorized to purchase the products shown in their order and has read and agrees to the terms of this agreement.
21. FREE SHIPPING
Free Shipping is offered to the Continental US on the Keiser M3 Indoor Cycle, M3i Indoor Cycle, and M3i Total Body Trainer. Shipping to Canada, Hawaii and Alaska includes a Free Shipping credit as a discount to the overall cost of shipping.
22. PRODUCT DESCRIPTIONS
Keiser attempts to be as accurate as possible. However, Keiser does not warrant that product descriptions or other content of any Keiser Service is accurate, complete, current, or error-free. If a product offered by Keiser itself is not as described, your sole remedy is to return it in unused condition.
"List Price" means the suggested retail price of a product as provided by Keiser. With respect to items sold by Keiser, we cannot confirm the price of an item until you order. If the correct price of an item sold by Keiser is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
We generally charge your credit card upon placement of your order.
24. SANCTIONS AND EXPORT POLICY
You may not use any Keiser Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Keiser Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including Keiser Software), technology, and services.
25. DISCLAIMER OF WARRANTIES
THE KEISER SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE KEISER SERVICES ARE PROVIDED BY KEISER 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 KEISER SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE KEISER SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE KEISER SERVICES 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 KEISER SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE KEISER SERVICES, KEISER'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM KEISER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
26. LIMITATION OF LIABILITY
NEITHER KEISER, ITS SUPPLIERS OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE KEISER SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OR FROM THE USE OF OR INABILITY TO USE THE KEISER SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT KEISER HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL KEISER'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OR FROM THE USE OF OR INABILITY TO USE THE KEISER SERVICE EXCEED THE AMOUNTS YOU HAVE PAID TO KEISER FOR USE OF THE KEISER SERVICE OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO KEISER, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN KEISER AND YOU.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU .
You agree to indemnify and hold harmless Keiser or its officers, directors, employees, affiliates, agents, licensors, and contractors from and against any claims, suits, actions, demands, disputes, allegations, or investigations brought by any third party, governmental authority, or industry body, and all liabilities, damages, losses, costs, and expenses, including without limitation reasonable attorneys' fees, arising out of or in any way connected with (1) your access to or use of the Keiser Services, (2) Your Content, (3) your breach or alleged breach of any warranties made by you hereunder or your violation of any other provision of these Terms and Conditions, or (4) your violation of any law or the rights of a third-party. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
28. DISPUTE RESOLUTION
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
You agree that any dispute between you and Keiser arising out of or relating to these Terms and Conditions of Service, the Keiser Service, or any other Keiser products or services (collectively, "Disputes") will be governed by the arbitration procedure outlined below.
Governing Law: Except as otherwise required by applicable law, the Terms and Conditions of Service and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of laws principles.
Informal Dispute Resolution: We want to address your concerns without needing a formal legal case. Before filing a claim against Keiser, you agree to try to resolve the Dispute informally by contacting firstname.lastname@example.org. We will try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or Keiser may bring a formal proceeding.
We Both Agree To Arbitrate: You and Keiser agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms and Conditions of Use as a court would.
Opt-out of Agreement to Arbitrate: You can decline this agreement to arbitrate by contacting email@example.com within 30 days of first accepting these Terms and Conditions of Service and stating that you (include your first and last name) decline this arbitration agreement.
Arbitration Procedures: The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, Fresno, California, or any other location we mutually agree to.
Arbitration Fees: The AAA rules will govern payment of all arbitration fees. Keiser will pay all arbitration fees for claims less than $10,000. Keiser will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
Exceptions to Agreement to Arbitrate: Either you or Keiser may assert claims, if they qualify, in small claims court in Fresno, California or any United States county where you live or work. Both you and Keiser may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Keiser products or Keiser Service, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
No Class Actions: You may only resolve Disputes with Keiser on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under our agreement.
Judicial Forum for Disputes: Except as otherwise required by applicable law, in the event that the agreement to arbitrate is found not to apply to you or your claim, you and Keiser agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Fresno County, California. Both you and Keiser consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.
Limitation on Claims: Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Keiser products or Keiser Service must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
29. APPLICABLE LAW
By using any Keiser Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the State of California in Fresno County, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Keiser.
30. CHANGES TO THE KEISER SERVICE
Keiser may change or discontinue, temporarily or permanently, any feature, component, or content of the Keiser Service at any time without notice. Keiser is not liable to you or to any third party for any modification, suspension, or discontinuance of any feature, component, or content of the Keiser Service. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by Keiser products without prior notice to you.
31. SITE POLICIES, MODIFICATION, AND SEVERABILITY
These policies also govern your use of Keiser Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
We reserve the right to suspend or deactivate your account or your access to certain aspects or all of the Keiser Service, or to terminate these Terms and Conditions, at our sole discretion, at any time and without notice or liability to you. Upon any such suspension, deactivation, or termination, we may delete or remove Your Content and other information related to your account. You may close your account at any time by contacting Customer Support (firstname.lastname@example.org) or by deleting your Keiser account. Upon any termination of these Terms or suspension, termination, or discontinuation of the Keiser Service or your account, the following provisions of these Terms will survive: Sections 1, 5, 6, 9, 10, 11, 13, 14, 16, 17, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 31, 34.
33. OUR ADDRESS
2470 S. Cherry Avenue
Fresno, CA 93706
34. ADDITIONAL KEISER SOFTWARE TERMS
The following terms ("Software Terms") apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Keiser Services (the "Keiser Software").
- Use of the Keiser Software. You may use Keiser Software solely for purposes of enabling you to use the Keiser Services as provided by Keiser, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the Keiser Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the Keiser Software in whole or in part. All software used in any Keiser Service is the property of Keiser or its software suppliers and is protected by United States and international copyright laws.
- No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Keiser Software, whether in whole or in part.
- Updates. We may offer automatic or manual updates to the Keiser Software at any time and without notice to you.
- Government End Users. If you are a U.S. Government end user, we are licensing the Keiser Software to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Keiser Software are the same as the rights we grant to all others under these Conditions of Use.
- Conflicts. In the event of any conflict between these Conditions of Use and any other Keiser or third-party terms applicable to any portion of Keiser Software, such as open-source license terms, such other terms will control as to that portion of the Keiser Software and to the extent of the conflict.
35. GENERAL TERMS
Except as otherwise stated herein, these Terms and Conditions constitute the entire and exclusive understanding and agreement between Keiser and you regarding the Keiser Service, and these Terms and Conditions supersede and replace any and all prior oral or written understandings or agreements between Keiser and you regarding Keiser, Keiser Service and Keiser Content.
We will notify you before we make material changes to these Terms and Conditions and give you an opportunity to review the revised Terms and Conditions before continuing to use the Keiser Service. When you use the Keiser Service after a modification becomes effective, you are telling us that you accept the modified Terms.
If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms and Conditions will remain in full force and effect.
You may not assign, delegate, or transfer these Terms and Conditions, by operation of law or otherwise, without Keiser's prior written consent. Any attempt by you to assign or transfer these Terms and Conditions, without such consent, will be null. Keiser may freely assign or transfer these Terms and Conditions without restriction. Subject to the foregoing, these Terms and Conditions will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Any notices or other communications provided by Keiser under these Terms and Conditions, including those regarding modifications to these Terms, will be given: (i) via email or (ii) by posting to Keiser websites. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.
Keiser's failure to enforce any right or provision of these Terms and Conditions will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Keiser. Except as expressly set forth in these Terms and Conditions, the exercise by either party of any of its remedies under these Terms and Conditions will be without prejudice to its other remedies under these Terms and Conditions or otherwise.
36. ADDITIONAL TERMS MAY APPL Y
Additional terms may apply to certain products or services. In the event that there is a conflict between these Terms and any additional terms, the additional terms will control.
37. HOW TO SERVE A SUBPOENA OR OTHER LEGAL PROCESS
Keiser accepts service of subpoenas or other legal process at the following address:
2470 S. Cherry Avenue
Fresno, CA 93706
Attn: Legal Department – Legal Process
If you live in the European Economic Area, the United Kingdom or Switzerland:
Keiser UK ltd
Unit 3, Hampton Street
Tetbury Gloucester GL8 8LD
Last updated: November 24th, 2020