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myrow Terms of Service

Effective: May 6, 2024

Welcome to myrowTM. This website (this “Site”) is provided by The Rowing Company, Inc. (“we”, “us”, or “our”). These Terms of Service (these “Terms”) govern your use of the Site, all myrow apps and all content provided by us (collectively, the “Services”). Please read these Terms carefully before using the Site. By accessing and using the Services, you are agreeing to be bound by these Terms and our Privacy Notice, regardless of whether you are a registered user. If you do not agree to any of these Terms or the Privacy Notice, please discontinue use of the Site.

Any new features or tools we add to the Services shall also be subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes to these Terms. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.

TO THE EXTENT PERMITTED BY LAW, BY USING THE SERVICES, YOU ARE AGREEING TO ARBITRATE DISPUTES AGAINST US IN YOUR INDIVIDUAL CAPACITY, AND YOU ARE WAIVING YOUR RIGHT TO ACT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. PLEASE READ THE DISPUTE RESOLUTION SECTION BELOW FOR ADDITIONAL INFORMATION.

These Terms are effective as of the date posted above and we will not be bound by any additional or different terms or other documents that are inconsistent with these Terms. We may modify or update these Terms at any time by posting the amended terms on the Site and such terms shall be effective for all uses of the Services immediately once they are posted. Your continued access to and/or use of the Services following the posting of any additional or different terms in the Terms constitutes your acceptance of those additional or different terms. We may, in our sole discretion, also add, delete or change some or all of the features of the Services at any time, without notice.

Account Creation

In order to take full advantage of the Services, and save and track your statistics and information from each workout, you will need to create a myrow profile. By creating a profile, you agree to provide accurate, current and complete information about yourself, and to maintain and promptly update such information, as necessary. Profiles are personal and may not be transferred, sold, assigned or used by a third-party. You are solely responsible for the security of your profile, and you agree to maintain the security of your profile, including your credentials. If you discover any unauthorized use of or access to your profile, please contact us immediately using the contact information provided below.

myrow Membership

There are two ways to enjoy myrow classes and related content while using your myrow tablet:

All purchases of a myrow tablet come with a 30-day satisfaction guarantee. If you are not satisfied with your myrow tablet and return it within 30 days of delivery, we will fully refund your applicable membership plan fees.

Billing and Auto-Renewal

Your myrow membership cycle will recur on a monthly or annual basis, as applicable, until canceled as set forth above. You can cancel your membership at any time by logging into your account through members.myrow.com, navigating to the “Subscription” tab and clicking “Cancel Subscription.” We will bill you at the beginning of the membership cycle. Monthly members receive access to myrow classes and related content for one month at a time, and annual members receive access for one year at a time. By purchasing a myrow membership, you acknowledge and agree that your membership has a recurring payment feature, and you accept full responsibility for all such recurring payment obligations.

By registering for a myrow membership, you are authorizing us (including our payment processors) to charge your designated payment method (e.g., a credit, charge or debit card) for the applicable membership plan amount (plus any applicable taxes), on a monthly or annual basis, as applicable. You authorize the issuer of your selected payment method to pay the applicable amounts described herein without requiring a signed receipt. You agree that these Terms will be accepted as authorization to the issuer of your designated payment method to pay the applicable amounts described herein without requiring a signed receipt from you. You acknowledge that we will continue to attempt to charge and/or place holds for all applicable amounts described herein, or any portion thereof, to your designated payment method until such amounts are paid in full. If your designated payment information changes or is no longer valid, you must promptly update your payment information in your account settings. You acknowledge and agree that neither we nor any of our agents or third-party payment processors will be liable to you for any insufficient funds or other charges you may incur due to attempts to charge and/or place holds on your designated payment method as set forth in these Terms.

Membership Cancellation and Termination

If you cancel your myrow membership, you can continue to view classes and related content until the end of the applicable then-current period, following which, your membership will not be renewed. Please note that you will not receive any refund of any fees paid for the remainder of the then-current monthly or annual period, as applicable, as set forth above.

In addition to the suspension and termination rights set forth elsewhere in these Terms, we reserve the right to immediately suspend or terminate your account and your membership without notice if your myrow membership payment is overdue, provided that we will attempt to notify you of the overdue payment before suspension or termination. If we terminate your myrow account, we reserve the right to immediately delete all data and other information stored in or for your account without further notice.

Extended Warranty

The myrow tablet and mounting arm come with a free one-year warranty, which covers all manufacturer's defects. This means that any damage caused by a user is not covered under the warranty. We offer a three-year extended warranty plan for $4.00 per month, which protects your myrow tablet and mounting arm for a total of four (4) years. The extended warranty can only be purchased at the time of purchasing the myrow tablet. If you elect to purchase the extended warranty, you will be charged $144 at the time of purchase. The extended warranty is separate from a membership plan, and is non-refundable.

Intellectual Property

You acknowledge and agree that we or our licensors own all legal right, title and interest in and to all elements of the Site and the Services and all proprietary software contained therein, and all related updates, upgrades, fixes and patches and all documentation related thereto. The Services, and all of its contents, including without limitation, all names and logos, text, photographs, images, illustrations, graphics, artwork, animation, video material, audio material, music, blog posts, software, tools, titles, themes, objects, names, locations, button icons and the selection and arrangement thereof on the Services (collectively, the “Content”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Content is owned or controlled by us or by other parties that have provided rights thereto to us.

Except as expressly set forth herein, you may not, and agree that you will not, use, publish, reproduce, display, distribute, transmit, modify or create derivative works of the Services or the Content or any portion thereof, for any purpose or by any means, method, or process whatsoever. Modification of the materials appearing on the Services or use of such materials for any purpose not expressly set forth herein is a violation of our copyright and other proprietary rights. We reserve all rights in and to the Services and the Content, other than the limited license granted to you in this Agreement.

The myrow name and logos, and all related domains, product and service names, designs and slogans used on the Site and as part of the Services are our trademarks. You must not use such marks without our prior written permission in each instance. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.

License

Our License to You: Subject to the terms and conditions of this Agreement, we hereby grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable and personal license to access and use the Services and Content solely for your own personal, non-commercial purposes; provided, however, that such license does not include any right to (a) sell, resell or use commercially the Services or any Content, (b) modify or otherwise make any derivative uses of the Services or any Content, or any portion thereof, (c) use any data mining or similar data gathering or extraction methods on the Services, or (d) use the Services or Content other than for their intended purposes.

Your License to Us: If you submit any ideas, suggestions, comments or feedback to us about the Services or any Content (collectively, “Feedback”), you hereby grant us a perpetual, non-exclusive, worldwide, royalty-free, irrevocable, sublicenseable license to use and disclose your Feedback for any purpose, including without limitation, as part of the Services and any improvements and modifications thereto. You acknowledge and agree that we shall have no obligation to compensate you for any use of your Feedback, nor will we be under any obligation to use any Feedback you may submit.

Acceptable Use

You are solely responsible for your use of and access to the Services. You may not use, or encourage, promote, facilitate or instruct others to use, the Services, or any part thereof, to:

If you violate any of these Terms, including without the limitation, the foregoing Acceptable Use standards, we reserve the right, in our sole discretion, to suspend or block your access to the Services, including without limitation, your right to access and retrieve any of your workout data.

Disclaimer of Warranties

YOU AGREE THAT YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE MAKE NO WARRANTY, AND EXPRESSLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: (I) ANY WARRANTIES CONCERNING THE ACCURACY, TIMELINESS, OR COMPLETENESS OF THE CONTENT ON THE SERVICES; AND (II) ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, FUNCTIONALITY OR FITNESS FOR A PARTICULAR PURPOSE AS TO THE SERVICES OR ANY CONTENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT, WARRANT OR GUARANTEE: (1) THAT THE SERVICES, ANY PORTION THEREOF, OR E-MAILS SENT FROM OR ON BEHALF OF US ARE OR WILL BE FREE FROM VIRUSES, SCRIPTS, WORMS, TROJAN HORSES, OR ANYTHING ELSE CONTAINING DESTRUCTIVE PROPERTIES; (2) THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (3) THE SERVICES OR ANY CONTENT WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, SAFE OR MEET YOUR NEEDS.

WE WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION CONTAINED IN THE SERVICES. WHILE WE ATTEMPT TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES AND CONTENT SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES, CONTENT, OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY IN ANY MANNER.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT PERMIT THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, SO THE FOREGOING EXCLUSIONS MAY NOT APPLY TO YOU. ONLY IN SUCH CASE, ALL APPLICABLE EXPRESS, IMPLIED AND STATUTORY WARRANTIES WILL BE LIMITED TO A PERIOD OF THIRTY (30) DAYS AFTER THE DATE ON WHICH YOU FIRST USED THE SERVICE, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.

Safety

YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES AND THE MYROW TABLET, TOGETHER WITH YOUR CONCEPT2 ROWING MACHINE, ARE SPECIFICALLY DESIGNED FOR PHYSICAL ACTIVITY IN AN EDUCATIONAL AND ENTERTAINING FORMAT. HOWEVER, YOU SHOULD CONSULT WITH A MEDICAL PROFESSIONAL BEFORE UNDERTAKING ANY PHYSICAL ACTIVITY AND USING THE MYROW TABLET AND CLASSES. YOU SHOULD NOT RELY ON THE INFORMATION OBTAINED THROUGH THE SERVICES AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE; ANY USE OF SUCH INFORMATION IS SOLELY AT YOUR OWN RISK AND IS NOT PROFESSIONAL MEDICAL OR HEALTHCARE ADVICE.

IF AT ANY TIME DURING THE USE OF THE SERVICES AND THE MYROW TABLET YOU EXPERIENCE ANY ADVERSE EFFECTS, INCLUDING WITHOUT LIMITATION, CHEST PAIN, DIZZINESS, BLURRED VISION, NUMBNESS OR TINGLING, PLEASE DISCONTINUE USE OF THE SERVICES AND THE MYROW TABEL AND IMMEDIATELY CONSULT YOUR HEALTHCARE PROVIDER.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR PAST, PRESENT OR FUTURE PARENT, AFFILIATES OR SUBSIDIARIES, OR ANY OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, SERVICE PROVIDERS, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INJURIES OR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR RELATED TO ANY CLASSES OR ACTIVITIES WE OFFER OR PROMOTE, OR THE USE OF (OR INABILITY TO USE) THE SERVICES OR ANY THIRD PARTY PRODUCTS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR FOR DISPUTES AGAINST US IS TO DISCONTINUE YOUR USE OF THE SERVICES AND THE MYROW TABLET. NOTHING IN THIS AGREEMENT SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THIS AGREEMENT. NOTWITHSTANDING THE FOREGOING, IN THE EVENT THAT WE ARE HELD TO BE LIABLE TO YOU FOR ANY DIRECT DAMAGES, OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS WILL NOT EXCEED THE AMOUNTS YOU HAVE PAID TO US IN THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE YOUR FIRST CLAIM AROSE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnity

By using the Services, you agree to indemnify, defend and hold us and our parent, affiliates and subsidiaries, and each of our and their respective officers, directors, members, managers, employees, service providers, agents, contractors, successors and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all claims, demands, actions, damages, losses, liabilities, penalties, fines, judgments, settlements, costs and expenses (including without limitation, reasonable attorneys' fees and expenses, including any incurred in enforcement of this indemnity) (collectively, “Losses”) arising in any way from or in connection with (i) your use, or misuse, of the Services; (ii) any violation by you of these Terms, our Privacy Notice or any other documents that are applicable to your use of the Services; (iii) any Feedback you provide to us; and (iv) any violation of the rights of a third-party. Notwithstanding the foregoing, the Indemnified Parties reserve the right to assume the exclusive defense and control of any matter subject to indemnification hereunder, in which event, you agree to assist and cooperate with us in the defense or settlement of any Losses.

Modifications

We reserve the right, in our sole discretion, to modify, suspend or discontinue the Services (or any features or parts thereof) at any time, without any liability to you. We may also make modifications to these Terms at any time, which modifications will become effective upon the posting of the updated Terms to the Site. Your continued use of the Site and the Services following our posting of any revised Terms will constitute your acknowledgement and acceptance of the amended Terms.

Arbitration

  1. DisputesAny and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) arising out of or in any way related to these Terms of Use (a “Dispute”) between you and us or our successors or assigns shall exclusively be settled through binding and confidential arbitration, unless earlier resolved in accordance with the paragraph below.
  2. Pre-Arbitration Dispute ResolutionIn the event of any Dispute arising between you and us, one party must first send a written notice of the Dispute to the other party by email with a delivery receipt requested (“Notice”). Our email address for Notice is disputes@myrow.com. The Notice must describe the nature and basis of the Dispute and set forth the specific relief sought (the “Demand”). The parties shall first meet and confer by such method as the parties may mutually agree, to attempt to resolve the Dispute. The parties shall work together in good faith to attempt to resolve the Dispute directly for thirty (30) days after the Notice is received, or such further period as the parties may mutually agree. In the event that the Dispute is not resolved by the end of such thirty (30) day (or longer) period, then either party may commence arbitration, as further described below.
  3. ArbitrationIf the parties are unable to resolve a Dispute through the good faith negotiation procedure set forth in Section 15(B), then you agree that such Dispute will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate Disputes includes all claims arising out of or in any way related to these Terms, including your receipt of email messages from us or our service providers, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE TERMS OF USE, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
  4. ExceptionsNotwithstanding subsection (C) above, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (ii) file suit on an individual basis in small claims court for applicable claims.
  5. Arbitration ProcessUnless otherwise agreed upon by the parties in writing, the arbitration will be conducted before one arbitrator in New York, New York, or by video conference (at the claimant's election) and will be governed by National Arbitration and Mediation's (“NAM”) Comprehensive Dispute Resolution Rules and Procedures (the “NAM Rules”), as may be modified by these Terms of Use. The NAM Rules and filing forms are available online at www.namadr.com, by calling NAM at 1-800-358-2550, or by contacting us. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. In the event that any Dispute is held not to be arbitrable in accordance with this section, each party consents to the exclusive jurisdiction of the state or federal courts, as applicable, located in New York, New York.
  6. FeesIf you commence arbitration in accordance with this provision, you will pay the Initial Administrative Fee in accordance with NAM's then-applicable fee schedule. If the claim is for Fifteen Thousand U.S. Dollars ($15,000) or less, you agree that the arbitration will be conducted solely on the basis of documents submitted to the arbitrator. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the NAM Rules. In that case, you agree to reimburse us for all monies we previously paid to NAM pursuant to the NAM Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. Each party agrees that such written decision, and information exchanged during arbitration, will be kept confidential except as may be required by law or to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or us, which is made within fourteen (14) days of the arbitrator's ruling on the merits. In addition, the arbitrator may award any individual relief or individual remedies that are permitted by applicable law.
  7. No Class ActionsTO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY CLAIMS YOU BRING AGAINST US MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF.
  8. EnforceabilityIn the event that the class action waiver in subsection (G), above, is found to be unenforceable for any reason, the remainder of this Section shall also be unenforceable.

Governing Law

These Terms and any dispute arising under or related to these Terms will be governed by, and construed in accordance with, the laws in effect in the State of New York, without regard to its conflicts of law principles. Notwithstanding the arbitration provisions above, in the event that we elect to seek injunctive or other equitable relief, or there is a dispute that is otherwise not subject to arbitration, you and we expressly and irrevocably consent to the exclusive jurisdiction of the New York state or federal courts, as applicable, located in New York, New York, and to the exercise of personal jurisdiction in such courts in connection with any such dispute.

Miscellaneous

These Terms set forth the entire agreement between you and us with respect to the Services and Content, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to those matters. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms, and neither party has any authority of any kind to bind the other in any respect. Any rights and licenses granted hereunder may not be transferred or assigned by you without our prior written consent. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision, or of our right to enforce such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity. If any provision, or portion thereof, of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision, or portion thereof, shall be severable from the remainder of these Terms, and all other terms and provisions hereof shall remain in full force and effect. All terms and provisions of these Terms that are intended to survive the expiration or termination of these Terms shall so survive.

Questions

For any questions about these Terms, please feel free to send us an email at info@myrow.com.