Terms & Conditions

Customer Consents to Treadmill.com's Terms and Conditions Of Use. Please read them carefully.

Welcome to Treadmill.com. (Treadmill). These Terms and Conditions of Use apply to Treadmill web site located at www.treadmill.com and all associated sites. The site is the property of Treadmill.com.

BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Treadmill reserves the right, in it's sole discretion, at any time, to change, modify, remove or update it's website, www.treadmill.com, without the obligation to inform customer. This right includes, but is not limited to the modification or update of Treadmill's pricing, shipping and return policies, as well as these terms and conditions.

Your continued use of the site means that you accept and agree to all changes.

As long as you agree and comply with these conditions, Treadmill grants a limited, personal, non-exclusive, non-transferable limited privilege to enter and use the site. No commercial use is allowed. All pages and materials contained in www.treadmill.com are copyrighted. These copyrighted pages and materials include, but are not limited to images, artwork, logos, text, copy, and HTML code. Any copying, alteration, distribution, transmission, performance, display, or otherwise unauthorized use of Treadmill website pages and materials contained in the website without the express consent of Treadmill is strictly prohibited. You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means. By using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Treadmill reserves the right at all times to disclose any information that Treadmill deems necessary to comply with any applicable law, regulation, legal process or governmental request. Treadmill also may disclose your information when Treadmill determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes. You agree that Treadmill may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site.

Purchases; Other Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

Treadmill's obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

Treadmill may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Treadmill makes no commitment to update the materials on the Site with respect to such products and services.

Sales Tax

Washington, California, and Illinois residents are subject to local sales tax. We do not charge or collect sales tax for all residents living outside of Washington, California, or Illinois but this may change and state, local or national taxes may be required to be charged.

Forum Selection and Arbitration

Any dispute or claim relating in any way to your use of any Treadmill products or services sold or distributed by Treadmill or through Treadmill will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

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 Conditions of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our customer service department. The address is: 12001 194th Street NE / Redmond, WA 98053. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. Neither party will be entitled to seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone or based on written submissions or at another mutually agreed location.

Customer agrees 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 we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

APPLICABLE LAW

By using any Treadmill Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the State of Washington, 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 Treadmill.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Treadmill with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Apple with respect to such use are hereby superseded and cancelled.

Limitation Of Liability

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TREADMILL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TREADMILL DOES NOT WARRANT THAT THE TREADMILL SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH TREADMILL, TREADMILL'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM TREADMILL ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TREADMILL WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY TREADMILL SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH TREADMILL, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

CUSTOMER UNDERSTANDS AND AGREES THAT TREADMILL SHALL ASSIGN ALL MANUFACTURER'S WARRANTIES, IF ANY, TO CUSTOMER, IF ALLOWED, BUT THERE SHALL BE NO OTHER WARRANTY OR PROMISE FROM OR BY TREADMILL OR ANY OF IT'S EMPLOYEES OR AGENTS.

YOUR SOLE REMEDY AGAINST TREADMILL FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

Website Content - Order Acceptance

Pricing, specifications, availability and terms of offers may change without notice. Taxes and shipping charges are extra, and may vary.

Please note that there may be certain orders that we are unable to accept and we must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Situations that may result in your order being canceled include but are not limited to: Insufficient availability, inaccuracies or errors in product or pricing information, product not available for sale outside dealer's territory, or problems identified by our credit and fraud avoidance personnel. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.

ELECTRONIC COMMUNICATIONS

When you use Treadmill, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. 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 and shall be considered your address for these purposes.

RISK OF LOSS

All items purchased from Treadmill 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.

RETURNS, REFUNDS AND TITLE

Treadmill does not take title to returned items unless approved by the customer service department. Treadmill does not warrant that product descriptions or other content of any product is accurate, complete, reliable, current, or error-free. If a product offered by Treadmill is not as described, your sole remedy is to return it in unused condition. You agree to our return policy in its entirety.

Any questions or comments regarding our terms and conditions may be addressed to our support email at support@treadmill.com or business line at (800) 986-9041. You may also mail any correspondence to our offices at:

Attn: Treadmill.com
12001 194th Ave NE, Bldg 2
Redmond WA 98053
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