TERMS OF SERVICE

Last Updated: August 15, 2023

THESE TERMS AND CONDITIONS (“TERMS”) CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ THEM CAREFULLY.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

BY USING OR PLACING AN ORDER FOR PRODUCTS OR SERVICES, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.

YOU MAY NOT USE, ORDER, OR OBTAIN PRODUCTS OR SERVICES IF YOU DO NOT AGREE TO THESE TERMS, ARE NOT THE OLDER OF AT LEAST 18 YEARS OF AGE OR LEGAL AGE TO FORM A BINDING CONTRACT, OR ARE PROHIBITED FROM ACCESSING OR USING THE WEBSITE, APPS OR ANY OF THEIR CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

NOTICE TO PARENTS AND/OR GUARDIANS: You are responsible for monitoring and supervising your child's use of the Products and Services. If your child is using the Products or Services without your express consent and is under the age of eighteen (18), please contact us immediately so that we can disable his or her access. No child under the age of thirteen (13) may use the Products and Services. Please keep all children under the age of thirteen (13) away from the Products.

IMPORTANT WARNING: Children under the age of thirteen (13) and all animals should be kept away from the Products.

The MERACH PRODUCTS AND Services promote physical activity. Consider the risks involved and consult with your physician or a medical professional before engaging in any physical activity. THIS IS PARTICULARLY TRUE IF YOU OR YOUR FAMILY HAVE A HISTORY OF HIGH BLOOD PRESSURE, HEART DISEASE OR OTHER MEDICAL CONDITION THAT MAY BE IMPACTED BY A CHANGE TO DIET OR EXERCISE, OR IF YOU HAVE EVER EXPERIENCED DISCOMFORT WHILE EXERCISING. NOTHING STATED OR POSTED ON THE SITE OR SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR PROFESSIONAL ADVICE OR CARE. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. MERACH is not responsible or liable for any injuries or damages you may sustain that result from any activities on MERACH products or promoted through MERACH’S SITE, products OR Services

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Ireland

These terms and conditions (these "Terms") apply to the use, purchase and sale of MERACH products (the “Products”) and services (“Services”) through merachfit.com and through any mobile, desktop, or device applications (including iOS and Android applications (each an “App” and together the “Apps”)) (collectively, the "Site"), in addition to any other terms and conditions that may be applicable to any such transaction as provided in the Site or other agreement. Throughout the site, the terms “we”, “us” and “our” refer to MERACH

These Terms are subject to change by MERACH without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on the Site, and you should review these Terms before using or purchasing any Products or Services that are available through the Site. Your continued use of the Site, Products, or Services after a posted change in these Terms will constitute your acceptance of and agreement to such changes.

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

 

1. Who May Use the MERACH Service 

Account Age Requirement. You must be at least 18 years old, or the age of legal majority in your jurisdiction of residence, to purchase a MERACH item and membership subscription and become a Membership Holder

Minors between the ages of 13 and 18 years old that can safely use the MERACH Service may participate in certain aspects of the MERACH Service provided that they do so under their parent’s or legal guardian’s supervision and that such parent or legal guardian agrees to be bound by the Agreement. If you choose to permit a minor under the age of 18 to use the MERACH Service with you, you acknowledge and agree that you are solely responsible for such minor and must supervise them at all times while using the MERACH Service.  You also agree to be fully responsible for the acts and omissions of such minor in connection with the MERACH Service.

We may, in our sole discretion, refuse to offer the MERACH Service to any person or entity and change the eligibility criteria at any time. You are solely responsible for ensuring that you comply with all applicable laws, rules and regulations related to the Agreement, and the right to access and use the MERACH Service is revoked where the Agreement or use of the MERACH Service is prohibited or conflicts with any applicable law, rule or regulation.

2. License for Services

Subject to your compliance with these Terms and solely for so long as you are permitted by us to access and use the Services, MERACH grants you a limited, non-transferable, non-exclusive, revocable right and license to access and use the Services for your own personal, non-commercial purposes, a right which may not be assigned or sublicensed to anyone. Any other use is strictly prohibited. You may not use the Services in connection with any commercial endeavors, such as (a) advertising or soliciting any user to buy or sell any products or services; or (b) for commercial purposes. Users of the Services may not use any information obtained from the Services to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the Services or the Site for any purpose unless expressly authorized by MERACH. We may, in our sole discretion, refuse to offer the Services to any person or entity, or change the eligibility criteria at any time. This license will remain in effect unless you violate these Terms, or this license is terminated by you or MERACH. You agree not to copy, reproduce, redistribute, sell, transfer, create derivative works from, modify, decompile, reverse engineer, or disassemble any Service. If MERACH terminates your Account because you have breached the Terms, you may not be entitled to a refund of any unused credits, classes, or Membership, unless otherwise required by law. MERACH reserves the right to discontinue any aspect of the Site at any time. MERACH may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Site or the Services.

 

3. PRIVACY

Our Privacy Policy forms a part of the Agreement. Please review the Privacy Policy to learn about:

• What information we may collect about you;
• What we use that information for; and
• With whom we share that information.

4.Your Account.

To access the Services, you will need to establish an Account (your “Account”). You may not use someone else’s name, or post, upload or submit any content that violates any third-party rights, is against the law, or that is offensive, obscene or otherwise objectionable (in MERACH’s sole discretion). MERACH may, in MERACH’s sole discretion, suspend, disable, or delete your Account (or any part thereof) or block or remove any content that you submit, for any lawful reason, including if MERACH determines that you have violated these Terms or that your conduct or content may damage MERACH’s reputation or goodwill. You are responsible for all activity that occurs under your Account, including any activity by unauthorized users. You may not allow others to use your Account or share your Account with others except as otherwise provided herein. You agree to notify MERACH immediately if you suspect any unauthorized use of your Account, access to your password, or any other breach of security. In the event your Account is for any reason shared with or used by anyone other than you, you shall be responsible for informing any such user of these Terms and ensuring compliance with the same. You are solely responsible for any and all use of your Account and although MERACH will not be liable for your losses caused by any unauthorized use of your Account or use by anyone other than you, you may be liable for the losses of MERACH or others due to such uses. You agree that MERACH, in its sole discretion, may terminate or suspend your use of the Site and Services at any time and for any or no reason in its sole discretion, even if access and use continues to be allowed to others. Upon such suspension or termination, you must immediately discontinue use of the Site and Services. Accessing the Site or Services after such termination, suspension or discontinuation shall constitute an act of trespass. Further, you agree that MERACH shall not be liable to you or any third party for any termination or suspension of your access to the Site or the Services.

You may delete your Account at any time. We reserve the right, but are under no obligation to, to delete an Account from the Services that remains inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months, or immediately when payment expires, is withdrawn or otherwise ceases. MERACH may suspend, disable or delete your Account (or any part thereof) or block or remove any information or content you submitted if MERACH determines that you have violated any provision of these Terms or that your conduct or content would tend to damage MERACH's reputation or goodwill. If MERACH deletes your Account or any information or content you have submitted for the foregoing reasons, you may not re-register for the Services. MERACH may block your email address and Internet protocol address to prevent further registration and/or submission of information and content. MERACH is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your Account. After your Account is terminated for any reason, all terms of these Terms survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied. Upon termination, all licenses granted by MERACH will terminate. In the event of Account deletion for any reason, information and content that you submitted may no longer be available. MERACH shall not be responsible for the loss of such information or content.  

 

5. Medical Disclaimer.

YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL BEFORE UTILIZING ANY PRODUCT, STARTING ANY SERVICES OR ENGAGING IN ANY OTHER EXERCISE OR WEIGHT LOSS PROGRAM TO DETERMINE IF IT IS RIGHT FOR YOUR NEEDS. THIS IS PARTICULARLY TRUE IF YOU (OR YOUR FAMILY) HAVE A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, IF YOU HAVE EVER EXPERIENCED CHEST PAIN WHEN EXERCISING, SMOKE, HAVE HIGH CHOLESTEROL, HAVE A BONE OR JOINT PROBLEM OR OTHER MEDICAL CONDITION THAT COULD BE MADE WORSE BY A CHANGE IN PHYSICAL ACTIVITY OR DIET. DO NOT USE THE MERACH PRODUCTS OR SERVICES IF YOUR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST IT. IF YOU EXPERIENCE FAINTNESS, DIZZINESS, PAIN OR SHORTNESS OF BREATH AT ANY TIME WHILE EXERCISING OR FASTING, YOU SHOULD STOP IMMEDIATELY. TO THE EXTENT THAT THE PRODUCTS OR SERVICES OFFER GENERAL HEALTH AND FITNESS INFORMATION THE PRODUCTS AND SERVICES ARE DESIGNED FOR INFORMATIONAL PURPOSES ONLY. NOTHING STATED OR POSTED ON THE MERACH SITE OR AVAILABLE THROUGH ANY MERACH PRODUCTS OR SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL, PROFESSIONAL OR COUNSELING CARE. FOR PURPOSES OF THESE TERMS, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH OR NUTRITION CARE, TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. YOU SHOULD NOT RELY ON ANY INFORMATION PROVIDED IN CONNECTION WITH ANY PRODUCTS OR SERVICES AS A SUBSTITUTE FOR, NOR AS A REPLACEMENT FOR, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL. DO NOT EVER DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SERVICES OR IN CONNECTION WITH ANY PRODUCTS. THE USE OF ANY INFORMATION PROVIDED ON THE SERVICES OR IN CONNECTION WITH ANY PRODUCTS IS SOLELY AT YOUR OWN RISK.

 

IF YOU ARE IN THE UNITED STATES AND THINK YOU ARE HAVING A MEDICAL OR HEALTH EMERGENCY, CALL YOUR HEALTH CARE PROFESSIONAL, OR 911, IMMEDIATELY.

 

THE SERVICES AND PRODUCTS ARE CONTINUALLY UNDER DEVELOPMENT AND MERACH MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO INFORMATION PROVIDED IN CONNECTION WITH ANY SERVICES OR PRODUCTS WITH RESPECT TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT GENERAL HEALTH, FITNESS AND ADVICE. NO ASSURANCE CAN BE GIVEN THAT THE INFORMATION CONTAINED ON THE SITE WILL ALWAYS INCLUDE THE MOST RECENT DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.

 

6. Location of Use and Fitness Class Participation Waiver.

You further acknowledge that your use of the Products and Services and your participation in fitness classes via the Services involves strength, flexibility, aerobic, cardio and other exercises which can be potentially hazardous activities. You accept full responsibility over the location where you engage in fitness classes through or in connection with the Services, you acknowledge that MERACH has no control over the location that you choose to utilize the Products and Services, and that the location of participation in fitness activities involves additional risks, including, but not limited to, those caused by terrain, facilities, temperature, weather, environment, vehicular traffic, lack of hydration and actions of other people. By using the Products and Services, you: (i) acknowledge and agree that you are doing so voluntarily and are voluntarily participating in any fitness classes provided via the Services; (ii) hereby assume and accept any and all risks of injury, physical harm, or death related to (a) the location you use the Products, (b) your participation in fitness classes, and (c) your use of the Products; (iii) acknowledge and represent that you are physically sound and do not suffer from any illness, impairment, disease or other condition that would prevent you from participating in the fitness classes, performing any exercises, or using any Products or equipment; and (iv) knowingly and voluntarily, on behalf of yourself and your heirs and assigns, forever waive, release, discharge and hold harmless MERACH and its subsidiaries and affiliates, and each of their respective officers, directors, employees, agents, representatives, and each of their respective successors and assigns, individually and collectively, from any and all liability, damages, losses, suits, demands, causes of action (including, without limitation, negligence) or other claims of any nature whatsoever, including, without limitation, any losses for property damage, personal injury, or death, arising out of or relating in any way to the location in which you use the Products and Services and your participation in the fitness classes provided via the Services and/or the Products.

 

7. User Representations and Warranties.

In using the Products and/or Services, you affirm that either (A) all of the following statements are true: (i) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician; (ii) you have never felt chest pain when engaging in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past several months; (iv) you have never lost your balance because of dizziness and you have never lost consciousness; (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (vi) your physician is not currently prescribing drugs for your blood pressure or heart condition; (vii) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and (viii) you do not know of any other reason you should not exercise or, if applicable engage in intermittent fasting, including without limitation pregnancy; or (B) your physician has specifically approved of your use of the Services.

 

8.USER CONDUCT

In using the MERACH Service, you must behave in a civil and respectful manner at all times. You may not take any action or Make Available to any part of the MERACH Service any content or materials that:

• Infringes, misappropriates, or otherwise violates any third party's intellectual property, proprietary, privacy, or publicity rights, or any;
• Is sexually explicit content, obscene, or pornography;
• Is threatening, abusive, harassing, hateful, defamatory, discriminatory, incites hatred against any individual or group, libelous, deceptive, fraudulent, invasive to another’s privacy, tortious, offensive, profane, or violent;
• Harms or exploits minors;
• Is unlawful or violent;
• Depicts animal cruelty or violence towards animals;
• Involves commercial activities or sales, such as contests, sweepstakes, barter, or advertising, without MERACH’s prior written consent, or promotes fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures;
• Constitutes unauthorized or unsolicited advertising, junk, or bulk e-mail;
• Is deceptive, including among other things, by impersonating any person or entity, including any employee or representative of MERACH;
• Interferes with or attempts to interfere with the proper functioning of the MERACH Service or uses the MERACH Service in any way not expressly permitted by the Agreement; or
• Violates or is prohibited by any applicable law.

 

Additionally, you agree not to attempt to engage in or engage in any potentially harmful acts that are directed against the MERACH Service, including but not limited to violating or attempting to violate any security features of the MERACH Service, using manual or automated software or other means to access, “scrape,” “crawl” or “spider” any pages contained in the MERACH Service, introducing viruses, worms, or similar harmful code into the MERACH Service, or interfering or attempting to interfere with use of the MERACH Service by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the MERACH Service.

You may not represent yourself to be an authorized reseller of the MERACH Service, or suggest any endorsement or partnership with MERACH, without our express prior written consent. To protect the intellectual property rights of MERACH and its suppliers, any resale of Products for personal and/or business profit is strictly prohibited (aside from the individual sale of a MERACH by a consumer who purchased the MERACH for personal use). MERACH reserves the right to decline any order that MERACH deems to possess characteristics of reselling.  

If you plan to use the MERACH in connection with any commercial activity (aside from the individual sale of a MERACH by a consumer who purchased the MERACH for personal use), you must receive prior consent from MERACH. MERACH reserves the right to request any changes or removal of the MERACH displayed in any commercial setting (e.g., an auction, showroom, conference, live demonstration, event, etc.).

 

9. Third Party Content and Services.  

The Site may contain links to third party websites that are not owned or controlled by MERACH. MERACH has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites, including privacy and data gathering practices. In addition, MERACH will not and cannot censor or edit the content of any third-party site. By using the Site, you expressly relieve and release MERACH from any and all liability arising from your use of any third-party website.  

 

10. Sale of Products 

MERACH accepts orders for the MERACH equipment, or accessories that we may offer through the MERACH Site

Unfortunately, availability of products cannot be guaranteed. Please note that product, service and other information provided is subject to corrections and changes without notice. Advertising depictions, graphics and diagrams are for illustrative purposes only and may not accurately reflect actual product or component availability. Colors, styles and other variants depicted are for illustration only and are subject to change. Errors will be corrected where discovered, and we reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions.

 

Unless otherwise specified at the time of purchase, you must pay for products when you place the order. All products ordered will be delivered to the shipping address you provide. We reserve the right to cancel an order placed by you at any time and for any lawful reason prior to our delivery of the product(s) and receipt of payment in full from you, provided that we will refund any fees that you prepaid for those products if we cancel. We may send an acknowledgment of receipt of your order to the email address you provide and/or proof of purchase information through the MERACH Site or to your email address after your payment has been processed.

Please see our Warranty, and Return Policy for further information about MERACH products.

11. 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 MERACH Service; and (ii) ”User Content” means any content that users (including you) provide to be made available through the MERACH Service. 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 MERACH Service 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 MERACH Service.

As between you and MERACH, you represent that you own (or have all rights necessary to grant MERACH the rights below to) all User Content that you submit to the MERACH Service, and that MERACH 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 MERACH 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 MERACH Service permission to view your User Content for their personal, non-commercial purposes. If you make suggestions to MERACH or through the MERACH Service about improving or adding new features or products to the MERACH Service or you otherwise provide feedback, product or service reviews or testimonials, you hereby grant to MERACH 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 suggestions, feedback, reviews and testimonials 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 MERACH Service. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

 

12. Prices and Payment Terms.

(a) All prices posted on the Site and/or Services are subject to change without notice. The price charged for a Product or Service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Price decreases for active subscriptions may occur with notice to existing subscribers. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.

(b) Terms of payment are within our sole discretion and, unless otherwise agreed by us at the time of purchase, payment must be received by us before our acceptance of an order. You represent and warrant that (i) the debit or credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such debit or credit card for the purchase, (iii) charges incurred by you will be honored by your debit or credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

(c) Unless you have selected a free version of a Service, the Services are paid, auto-renewing subscription Services. You will be charged the stated subscription amount for the subscription period upon completion of your registration and submission of your payment information unless your membership includes a free trial period.

(d) If you accepted an offer with a free trial for access to the Site or the App, your membership begins when you have completed the free trial sign-up process (i.e., when we collect your personal and payment information). At the end of your free trial, you will begin to be billed automatically according to the membership term you have selected. If you cancel your free trial membership at any time during the free trial period, you will not be charged.

(e) If you have selected a monthly membership, you will be billed automatically each month (about every 30 days) until you cancel. If you have selected an annual membership, you will bill automatically every 365 days until you cancel. If you have selected a two-year membership, you will bill automatically every 730 days until you cancel. Once we begin to bill you, cancellations take effect starting at the end of your current billing period, meaning there are no partial month refunds or credits.

(f) You are agreeing that upon expiration of the initial subscription or free trial period, your subscription will automatically renew for successive periods, as described above. You agree to automatic (recurring) billing and agree to pay the charges made to your Account in connection therewith. You will be billed at the then-current applicable subscription price plus any applicable taxes. We will process payment for any renewal subscriptions using the same billing cycle as your current subscription. Subscription fees may change at any time, to the fullest extent permitted under applicable law. Your Subscription, and the recurring billing of your Account, will continue indefinitely until cancelled by you. If you provide a payment method and our charge results in an overdraft, chargeback or other fee from your bank, you alone are responsible for that fee. EVEN IF YOU DO NOT USE THE SUBSCRIPTION OR ACCESS THE SERVICES, YOU WILL BE RESPONSIBLE FOR ANY SUBSCRIPTION FEES UNTIL YOU CANCEL YOUR SUBSCRIPTION OR IT IS OTHERWISE TERMINATED.

(g) We refer to any additional, paid subscription Services we offer beyond the Site and Services as an “Add-On Service.” For example, our personalized coaching service is an Add-On Service. Each Add-On Service is a separate subscription service and is subject to an additional fee that automatically renews just like your regular subscription.

 

 

 

13. Intellectual property ownership

MERACH Service. Except with respect to Your Content and other User Content, you acknowledge and agree that MERACH and its suppliers own all right, title, and interest in and to the MERACH Service (including but not limited to, any computer code, layouts, designs, user interfaces, themes, objects, characters, character names, dialogue, concepts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, documentation, and MERACH software).  You acknowledge that the MERACH Service contains software and other content that is protected by intellectual property and other proprietary rights, including copyrights, patents, trade secrets, and trademarks, and that these rights are protected and retained by MERACH in all forms, media, and technologies existing now or hereafter developed. All MERACH-generated content, and content provided to MERACH by our partners and licensors, is copyrighted individually and/or as a collective work under the U.S. copyright laws; further, as between you and MERACH, MERACH owns a copyright in the selection, coordination, arrangement and enhancement of all content in the MERACH Service.

Trademarks. The MERACH name and logos and all affiliated properties, graphics, trademarks, service marks, trade dress, trade names, and designs used on or in connection with the MERACH Service are the exclusive property of MERACH, whether registered or unregistered, and may not be used in connection with any product or service that is not ours, or in any manner that is likely to cause confusion as to our endorsement, affiliation or sponsorship of any person, product, or service. Any other trademarks appearing on the MERACH Service are trademarks of their respective owners and their use is similarly restricted.

Our partners or service providers may also have additional proprietary rights in the content that they make available through the MERACH Service. All rights not expressly granted in the Agreement are reserved. Nothing contained on the MERACH Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks, or other intellectual property without our express prior written consent.

 

14. Shipments; Delivery; Title and Risk of Loss. 

(a) We will arrange for shipment of the Products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.

(b) Title and risk of loss pass to you upon our transfer of the Products to the carrier/delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

15. Member Interactions, Dealings with Third Parties 

When interacting with other MERACH members, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other people you don’t know. Your participation, correspondence or personal or business dealings with any third party found on or through the MERACH Service, whether regarding payment or delivery of specific goods and services, donations or fundraisers, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that MERACH is not responsible or liable for any loss, damage, injury, or other matters of any sort incurred as the result of such dealings. In addition, when visiting or taking classes at any of our studios, please be advised that MERACH is not responsible for any lost or stolen items and that visitors, guests and members are required to adhere to then-current policies in place at that studio and the directions of that studio’s employees and representatives.

16. Returns and Refunds.

Every Product is satisfaction guaranteed and may be returned within 30 days of delivery date as long as it is in brand new condition (including but not limited to scratches or dents) and it also must be returned in the original box with the user manual and charger. The customer is responsible for shipping the Products back. You bear the risk of loss during shipment.

Because of the size and weight of our fitness products, we do not offer a refund for any shipping or delivery charges that you may have paid to receive your MERACH Product.  

Returns made outside of our 30-Day Home Trial must be approved and will be charged an additional return shipping fee depending on your location.

Refunds will be made in the form of the original payment. Any credit for gift returns will be issued to the original purchaser. All returns must be in original/sellable condition and include the original packaging with all tags attached. Only items purchased from merachfit.com can be accepted for return. All returns require an authorization number. Please email us to initiate your return at global@merach.com. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED AS NON-RETURNABLE.

Please refer to our Refund Policy

17. DISCLAIMERS AND LIMITED WARRANTY.

THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.

THIS LIMITED WARRANTY CAN ALSO BE FOUND IN THE DOCUMENTATION WE PROVIDE WITH THE PRODUCTS.

WE WARRANT THAT DURING THE WARRANTY PERIOD, THE PRODUCTS PURCHASED DIRECTLY FROM MERACH WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP.

We provide the Services without warranty on an “AS IS” and “AS AVAILABLE” basis. You therefore use the Services at your own risk.

TO THE FULLEST EXTENT PERMITTED BY LAW, MERACH, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL other WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE products, services, and the SITE AND YOUR USE THEREOF. MERACH MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE OR its CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE MERACH SITE, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (2) PERSONAL INJURY OR DEATH OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR FROM THE CONDUCT OF ANY USERS OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE, AND (6) FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT MADE AVAILABLE VIA THE SITE.

WE expressly disclaim any and all warranties of any kind, whether express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, quiet enjoyment and any other warranty that might arise under any law. Without limiting the foregoing, MERACH makes no representations or warranties: That the PRODUCTS OR ServiceS, or any particular fitness or weight-loss program is suitable for you; Regarding the adequacy or safety of the ServiceS for any particular user; That the products or ServiceS will meet your personal needs; That the products or ServiceS will be permitted in your jurisdiction; That the ServiceS will be uninterrupted or error-free; Concerning any content submitted by any member; Concerning any third party's use of content that you submit; That MERACH will continue to support any particular feature of any ServiceS; or Concerning sites and resources outside of the ServiceS, even if linked to/from the MERACH ServiceS.

MERACH reserves the right to modify the ServiceS. MERACH shall not be responsible for providing access (e.g., computer, mobile device, Internet connection, etc.) to the Services. MERACH has no obligation to screen or monitor any content and does not guarantee that any content made available on the Services complies with these TERMS or is suitable for all users. MERACH shall not be responsible for loss or corruption of data, and you hereby waive all claims with respect to damage to your computer system, internet access, download or display device. To the extent that a secondary party may have access to or view MERACH content on your computer or mobile device, you are solely responsible for informing such party of all provisions, terms, disclaimers and warnings in these TERMS. To the extent any disclaimer or limitation of liability in these Terms does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Services, and no warranties shall apply after such period. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.

OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR, REPLACEMENT OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR SUPPLIERS, AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY

 

(a) Who May Use This Warranty?

This limited warranty extends only to the original purchaser of Products and Services from Echelon or new Products purchased from an authorized Echelon retailer. It does not extend to any subsequent or other owner or transferee of any Product or any transferee or other beneficiary of any Service.

 

(b) What Does This Warranty Cover?

This limited warranty covers during the Warranty Period (as defined below) defects in materials and workmanship in Products.

 

(c) What Does This Warranty Not Cover?

This limited warranty does not cover any damages due to:

1. transportation;
2. storage;
3. improper use;
4. failure to follow the product instructions or to perform any preventive maintenance;
5. modifications;
6. Fitness Multimedia, LLC;
7. unauthorized repair;
8. normal wear and tear; or
9. external causes such as accidents, abuse, or other actions or events beyond our reasonable control.

 

(d) What is the Period of Coverage?

This limited warranty on Products starts on the date of your purchase and lasts for one year (the "Warranty Period"). The Warranty Period is not extended if we repair or replace a warranted Product or re-perform a warranted service. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.

 

(e) What Are Your Remedies Under This Warranty?

With respect to any defective Product during the Warranty Period, we will, in our sole discretion, either: (i) repair or replace such Product (or the defective part) free of charge or (ii) refund the purchase price of such Product. We will also pay for shipping and handling fees to return the repaired or replacement product to you if we elect to repair or replace the defective Product.

With respect to any defective Service during the Warranty Period, we will, in our sole discretion, either: (i) repair or re-perform the defective Service free of charge or (ii) refund the price paid by you for such Service.

(g) Limitation of Liability

THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT. MERACH COACHING OR TRAINING SERVICES ARE INTENDED SOLELY AS GENERAL FITNESS INFORMATIONAL MEANS BY WHICH MEMBERS AND/OR USERS CAN COMMUNICATE WITH MERACH TRAINER COACHES. MERACH DOES NOT REPRESENT IN ANY WAY THAT ANY NUTRITIONAL OR FITNESS ADVICE PROVIDED BY A TRAINER COACH CONSTITUTES QUALIFIED EXPERT ADVICE. IF YOU ENCOUNTER AN MERACH COACH WHO IS PROVIDING EXPERT ADVICE IN VIOLATION OF THESE PRINCIPLES, PLEASE CONTACT US IMMEDIATELY AT global@merach.com. YOU SHOULD ALWAYS SEEK EXPERT PROFESSIONAL ADVICE IN NUTRITIONAL AND HEALTH MATTERS, AND SHOULD NOT RELY ON ANY OPINIONS EXPRESSED THROUGH THE SERVICES AS EXPERT OPINIONS OR ADVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

18. Indemnification.  

You agree to defend, indemnify and hold harmless Echelon, its parent corporation, officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from (i) your use of any Products, (ii) your use of and/or access to the Site and the Services, (iii) any use of your Account by anyone other than you, and (iv) your violation of these Terms or any other terms, instructions, directions or agreements concerning or relating to the Products, Site or Services, by you or by anyone under your control. This defense and indemnification obligation will survive these Terms and your use of the Products, Site, and Services.

 

19. Intellectual Property Acknowledgment

You acknowledge and agree that your use of the MERACH Services and any Content contained therein is dependent upon you agreeing to and abiding by the MERACH Intellectual Property and DMCA Policy at all times. You further acknowledge that the MERACH Service contains software and other content that is protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All MERACH-generated content, and content provided to MERACH by its partners and licensors, is copyrighted individually and/or as a collective work under the U.S. copyright laws and all applicable international copyright (or equivalent) laws in all jurisdictions and protected under other intellectual property laws worldwide; further, as between you and MERACH, MERACH own intellectual property rights in the selection, coordination, arrangement and enhancement of all content in the MERACH Service.

 

20. Intellectual Property Usage and Reporting Infringement

MERACH respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that their User Content does not infringe any third party’s right or other intellectual property rights. If you believe that the MERACH Service or any Content contains elements that infringe or misappropriate your copyrights or other intellectual property rights (or the intellectual property rights of others), please go to the MERACH Intellectual Property and DMCA Policy for directions on how to report it to us.

 

21. Arbitration Agreement; Class Waiver; Jury Waiver.

(a) YOU AND MERACH ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OR USE OF PRODUCTS OR SERVICES, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

(b) The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section. (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

(c) You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR MERACH WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

(d) If you reside in the European Union, you can find information about online dispute resolution here: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN. Please note that we reserve the right not to participate in forms of alternative dispute resolution.

 

22.Assignment.

You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms. MERACH may assign its rights, obligations and/or these Terms at any time in its sole discretion without notice to you.

 

23. No Waivers.

The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of MERACH

 

24. No Third-Party Beneficiaries.

These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

 

26. Notices.

(a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

(b) To Us. To give us notice under these Terms, you must contact us by personal delivery, overnight courier or registered or certified mail to

 

We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

27. Severability.

If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

28. Entire Agreement.

Our order confirmation, these Terms, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms. Echelon reserves the right to amend these Terms at any time and without notice, and it is your responsibility to review these Terms for any changes. Your use of the Products and Services following any amendment of these Terms will signify your assent to and acceptance of its revised terms.

29. Written Document.  

You may preserve these Terms in written form by printing them for your records, and you waive any other requirement that these Terms be evidenced by a written document.