Limited Product Warranty
Myx Fitness® Exercise Bike Limited Product Warranty
The exercise bike (the “Myx Fitness Bike”) you have purchased from Myx Fitness, LLC (“Myx Fitness”) either alone or with Myx Fitness home studio accessories (“Accessories”) comes with a limited product warranty (the “Limited Product Warranty”) covering only the Accessories, software of any kind embedded in your Myx Fitness tablet that is a component of your Myx Fitness Bike (“Product Firmware”), and the components of the Myx Fitness Bike described below, and which, other than Product Firmware, can be identified by the Myx Fitness trademark, trade name, or logo annexed or affixed to such items, for the period of time set forth below. This Limited Product Warranty is only applicable to use of the Accessories, Product Firmware, Myx Fitness Bike and/or the components thereof within a private, domestic, indoor, non-commercial environment, unless otherwise approved in advance in writing by Myx Fitness. This Limited Product Warranty is non-transferable and is only valid for the original owner of the Myx Fitness Bike, or for gifted Myx Fitness Bikes, the subscriber of the original subscription for access and use of Myx Fitness’s available classes, content and features on the Myx Fitness tablet (“Subscription”). There is no Limited Product Warranty if you are not an active subscriber in good standing of a Subscription.
Accessories – 12 Months. Myx Fitness warrants the Accessories against defects in workmanship and materials for a period of 12 months from the date of original delivery.
Product Firmware – 12 Months. Myx Fitness warrants the Product Firmware against material defects that cannot be corrected or repaired remotely by Myx Fitness for a period of 12 months from the date of original delivery.
HD Touchscreen of Interactive Tablet – 12 Months. Myx Fitness warrants the touchscreen against defects in workmanship and materials for a period of 12 months from the date of original delivery.
Frame – 5 Years. Myx Fitness warrants the frame (excluding any moving parts attached to the structural frame) against defects in workmanship and materials for a period of 5 years from the date of original delivery.
Bike Components – 12 Months. Myx Fitness warrants the components and all original parts of the Myx Fitness Bike other than pedals, including its belt, brake resistance, crank shaft, seatpost, handlebars and water bottle holder, against defects in workmanship and materials for a period of 12 months from the date of original delivery.
Bike Pedals – 12 Months. Myx Fitness warrants the components and all original parts of the original pedals that come with the Myx Fitness Bike against defects in workmanship and materials for a period of 12 months from the date of original delivery. Bike pedals are not warranted against normal wear and tear and it is important that you maintain the pedals by inspecting the pedals regularly for any damage, loose parts or other signs of wear and tear that could cause breakdowns or part failures. Any pedal that shows signs of worn or damaged parts should be removed from service immediately. Please refer to the Myx Fitness Help Center on maintaining your gear, available on Myx Fitness’s website.
Labor – 12 Months. For Myx Fitness Bikes originally assembled by an authorized Myx Fitness technician, Myx Fitness will cover the labor cost for the repair or replacement made under this Limited Product Warranty for a period of 12 months from the date of original delivery. Except where applicable law requires otherwise, repair labor is not covered for locations where Myx Fitness did not originally assemble the Myx Fitness Bike or if the Myx Fitness Bike is moved to a location that is outside of Myx Fitness’s service area. Any attempt to move or repair fitness equipment creates a risk of injury and property damage. All moves or repairs attempted by you or your agents are undertaken AT YOUR OWN RISK and none of the Myx Fitness Parties (as defined below) will have any liability for any injury to persons or property arising from such attempted moves or repairs.
If (a) a substantial defect in material or workmanship arises with your Myx Fitness Bike, Accessories, or any of the components thereof (described above) or a material defect that cannot be corrected or repaired remotely by Myx Fitness arises with your Product Firmware, (b) your Myx Fitness Bike, Accessories or Product Firmware, as applicable, has been used in accordance with the terms and conditions of this Limited Product Warranty, (c) a valid Limited Product Warranty claim is received by Myx Fitness within the applicable warranty period set forth above in accordance with the terms of this Limited Product Warranty, and (d) your Subscription is currently active and you have not defaulted in payment of the fees for your use of the Subscription (“Subscription Fees”) as set forth in our Terms of Service, available at https://www.myxfitness.com/terems-of-service, Myx Fitness will, in its sole and exclusive discretion and to the extent permitted by applicable law, either repair or replace, at its option, the Myx Fitness Bike, Accessory, Product Firmware or any applicable component thereof with a Myx Fitness Bike, Accessory, Product Firmware or such applicable component thereof that is new or equivalent to new in performance and reliability and is at least functionally equivalent to the original Myx Fitness Bike, Accessory, Product Firmware or such applicable component thereof.
If the Myx Fitness Bike, Accessories, Myx Fitness tablet containing Product Firmware or any components thereof are shipped to a service center, freight charges to and from the service center will be your responsibility. For replacement parts shipped while the Myx Fitness Bike, Accessories, Product Firmware or any components thereof are under warranty, you will be responsible for a minimal handling charge. For in-home service, you will be responsible for a minimal trip charge. MYX FITNESS DOES NOT PROVIDE MONETARY OR OTHER COMPENSATION FOR ANY REPAIRS OR REPLACEMENT PART COSTS IN CONNECTION WITH THE MYX FITNESS BIKES, ACCESSORIES, PRODUCT FIRMWARE OR COMPONENTS THEREOF, INCLUDING, WITHOUT LIMITATION, SUBSCRIPTION FEES, WORKOUT TIME LOST, COST OF SUBSTITUTE EQUIPMENT, DIAGNOSTIC VISITS, MAINTENANCE VISITS OR TRANSPORTATION.
Any replacement or repaired Myx Fitness Bike, Accessory, Product Firmware or any component thereof will be warranted for the remainder of the original applicable Limited Product Warranty period or 30 days, whichever is longer, or for any additional period that is required by applicable law.
Where permitted by law, replacement units, parts and electronic components reconditioned to as-new condition by Myx Fitness or its vendors may sometimes be supplied as warranty replacement and constitute fulfillment of warranty terms.
No other warranty beyond that specifically set forth above is authorized by Myx Fitness.
EXCLUSIONS AND LIMITATIONS
This Limited Product Warranty does not extend to the following:
- Any damage to the Myx Fitness Bike, Accessories and/or any components thereof used for commercial or rental purposes, as store display models, or for any use other than in a single-family household, unless such use has been approved in advance in writing by Myx Fitness.
- Any Myx Fitness products or services other than those described in the terms and conditions of this Limited Product Warranty, non-Myx Fitness products or labor, units that are, or that Myx Fitness reasonably believes to be, stolen, counterfeit, or purchased from an unauthorized distributor or reseller, units transported, purchased or used outside the U.S., and/or units missing serial numbers.
- Any software or firmware, other than the Product Firmware, even if sold with or embedded in the Myx Fitness Bike or any of the components therein, or Internet or wireless connectivity.
- Any damage to the Myx Fitness Bike, Accessories, Product Firmware and/or any component thereof, caused by accident, abuse, misuse or use for any purpose other than the intended purpose of the Myx Fitness Bike, Accessories, Product Firmware and/or any component thereof. In particular, for purposes of illustration and without limitation, this Limited Product Warranty does not apply: (a) to damage or defects caused by customer or other third-party abuse, accident, neglect, abuse, misuse, improper handling, utilization, maintenance, assembly, or installation; (b) to damage or defects caused by tampering of any kind; (c) to damage caused by normal wear and tear, including but not limited to, cosmetic damage, scratches, dents, discoloration or paint or plastic, broken plastic on parts, any physical damage to the surface of the product (or any other change in cosmetic appearance that does not affect performance); (d) to damage or defects caused by the Myx Fitness Bike, Accessories, Product Firmware and/or any component thereof, as applicable, being used with or connected to an accessory or component not approved or certified by Myx Fitness, or any use contrary to the instruction in the Myx Fitness Help Center; (e) to damage or defects caused by flood, fire, earthquake, wind, lightning, freezing or other natural disasters, theft, vandalism, electrical wiring, power reduction, power fluctuation or power failure from whatever cause, or other external causes beyond the reasonable control of Myx Fitness; (f) if any serial number has been removed or defaced; or (g) to a recalled Myx Fitness Bike, Accessory, Product Firmware and/or component thereof, if Myx Fitness provided reasonable notice of a recall and made replacements of the recalled Myx Fitness Bikes, Accessories, Product Firmware and/or such recalled components thereof, as relevant, available to its customers.
- Any damage or equipment failure (a) caused by the opening of the Myx Fitness Bike, or to service or repairs performed, by anyone who is not a representative of Myx Fitness or a Myx Fitness authorized retailer or service provider; or (b) where the Myx Fitness Bike, Accessories, Product Firmware and/or any components thereof have been altered or modified in any manner by anyone who is not a representative of Myx Fitness or a Myx Fitness authorized retailer or service provider or without the written permission of Myx Fitness.
Myx Fitness does not warrant that the operation of the Myx Fitness Bikes, Accessories, Product Firmware or any components thereof will be uninterrupted or error‐free. In addition, although Myx Fitness may provide periodic updates to the Product Firmware, this Limited Product Warranty does not apply in the event that any Product Firmware needs to be upgraded for any reason. This Limited Product Warranty does not cover any loss, damage or defects caused by a defective function of any wireless network or if any Product Firmware needs to be upgraded due to changes in wireless network parameters.
THIS LIMITED PRODUCT WARRANTY IS THE EXCLUSIVE WARRANTY GIVEN BY MYX FITNESS FOR THE MYX FITNESS BIKES, Accessories, Product Firmware AND/OR ANY COMPONENTS THEREOF AND SUPERSEDES ANY PRIOR, CONTRARY OR ADDITIONAL WARRANTIES OR REPRESENTATIONS. EXCEPT FOR THE WARRANTIES EXPRESSLY PROVIDED UNDER THIS LIMITED PRODUCT WARRANTY, ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE MYX FITNESS BIKES, Accessories, Product Firmware AND/OR ANY COMPONENTS THEREOF, WHETHER AS TO CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT OR ANY OTHER MATTER, ARE DISCLAIMED, EXCEPT TO THE EXTENT PROHIBITED BY LAW. IN SUCH EVENT, SUCH WARRANTY IS LIMITED TO THE DURATION OF THE WARRANTY PERIODS SET FORTH ABOVE. THIS EXCLUSION APPLIES EVEN IF THIS WARRANTY FAILS OF ITS ESSENTIAL PURPOSES AND REGARDLESS OF WHETHER DAMAGES ARE SOUGHT FOR BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, OR STRICT LIABILITY IN TORT OR UNDER ANY OTHER LEGAL THEORY.
THE REMEDIES SET FORTH IN THIS MYX FITNESS LIMITED PRODUCT WARRANTY WILL BE THE SOLE AND EXCLUSIVE REMEDIES AVAILABLE TO ANY PERSON OR ENTITY.
UNDER NO CIRCUMSTANCES WILL MYX FITNESS, ITS AFFILIATES, MANUFACTURERS, SERVICE PROVIDERS, LICENSORS, DISTRIBUTORS, SUPPLIERS AND EACH OF ITS AND THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “MYX FITNESS PARTIES”) BE SUBJECT TO ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE OR CONTINGENT DAMAGES WHATSOEVER, RELATED TO OR ARISING OUT OF THIS LIMITED PRODUCT WARRANTY OR THE USE OF THE MYX FITNESS BIKES, Accessories, Product Firmware OR ANY COMPONENTS THEREOF, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY OF LAW, ALL SUCH DAMAGES AND CLAIMS BEING SPECIFICALLY DISCLAIMED.
NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, THE ENTIRE AGGREGATE LIABILITY OF THE MYX FITNESS PARTIES WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE MYX FITNESS BIKE (BUT EXCLUDING ALL AMOUNTS PAID FOR THE MYX FITNESS SUBSCRIPTION) GIVING RISE TO LIABILITY.
Without limiting any of the foregoing and in addition thereto, in no event, under any cause of action or theory of liability, will the Myx Fitness Parties be liable to you or any third party for any (a) accident, personal injury or death or property damage or any other claims, losses, costs or damages, related to, arising out of or resulting from the purchase, sale, use of or inability to use the Myx Fitness Bikes, Accessories, Product Firmware or any components thereof , or the performance or provision of services by Myx Fitness pursuant to this Limited Product Warranty or otherwise, the loss of value of the Myx Fitness Bikes, Accessories, Product Firmware or any components thereof or any third party accessories, services, products or devices that are used in or with the Myx Fitness Bikes, Accessories, Product Firmware or any components thereof, or the loss of use of the Myx Fitness Bikes, Accessories, Product Firmware or any components thereof or any third party accessories, services, products or devices that are used in or with the Myx Fitness Bikes, Accessories, Product Firmware or any components thereof, even if any Myx Fitness Party has been advised of the possibility of such damages; (b) damage or destruction to consumer electronics devices or other personal property that are contained inside or outside, or used in connection with, the Myx Fitness Bikes, Accessories, Product Firmware or any components thereof, including, without limitation, mobile apps, tablets, laptops, cellular phones, or other handheld devices, or for any loss of data stored in the foregoing devices or elsewhere; and (c) costs or damages arising from or related to your breach of the terms of this Limited Product Warranty. The Myx Fitness Parties disclaim any representation that they will be able to repair any product under this Limited Product Warranty or make a product exchange without risk to or loss of electronic information, including programs or data.
The foregoing limitations of liability constitute an essential part of this Limited Product Warranty. In some jurisdictions, under some circumstances, the limitations and disclaimers of liability contained in this Limited Product Warranty do not apply to claims involving personal injury, claims of wrongful death, claims of damage to property or to statutory liability for intentional or grossly negligent acts and/or omissions. Some jurisdictions do not allow the exclusion or limitation of implied warranties or limitation of liability for incidental or consequential damages under certain circumstances. As a result, certain limitations and exclusions may not apply to you. Nevertheless, Myx Fitness intends that the limitations and disclaimers of liability contained in this Limited Product Warranty will apply to the maximum extent allowed under applicable law. If applicable law specifies a minimum warranty period that is longer than the applicable warranty periods set forth in the terms and conditions of this Limited Product Warranty, then the warranty period for the Myx Fitness Bikes, Accessories, Product Firmware or components thereof subject to such applicable law will be conformed to the minimum legally required warranty period. The limitations and disclaimers of liability set forth in this Limited Product Warranty survive the expiration or termination of the warranty periods set forth in this Limited Product Warranty and apply notwithstanding any contrary provision in this Limited Product Warranty. You may also have other rights under state, federal or other applicable jurisdictional law.
WARRANTY CLAIMS AND QUESTIONS
To be eligible for service under this Limited Product Warranty you must provide Myx Fitness with the serial number of your Myx Fitness Bike and the dated receipt, or other proof of purchase indicating the date purchased, upon discovering any nonconformity or defect. Contact member support at firstname.lastname@example.org.
Claims must be made within the specified warranty periods listed above.
You may direct any questions or concerns to member support: email@example.com, or by writing to us at:
Myx Fitness, LLC 19 West Elm St Greenwich, CT 06830
Attention: Limited Product Warranty Claims
Any disputes between you and Myx Fitness related to this Limited Product Warranty or the Myx Fitness Bike, Accessories, Product Firmware or any component thereof will be governed by the then-current dispute resolution procedures in Myx Fitness’s Terms of Service, available at https://www.myxfitness.com/terms-of-service.