Terms of Service

PLEASE READ THIS LEGAL DOCUMENT CAREFULLY.

FD Products LLC., provides fitness related products, services, content and features through the FitDesk website located at https://thefitdesk.com, including subdomains, such as those for our social media, support and our shopping pages.

PLEASE READ: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER (SECTION 21). READ CAREFULLY, INCLUDING YOUR RIGHT, IF APPLICABLE, TO OPT OUT OF ARBITRATION. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 21 BELOW, BY ENTERING INTO THIS AGREEMENT YOU EXPRESSLY AGREE THAT DISPUTES BETWEEN YOU AND FD PRODUCTS LLC WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-⁠WIDE ARBITRATION.

Our Privacy Policy forms a part of this 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.

FD Products LLC., accepts orders for FitDesk bikes and any other equipment, apparel or accessories that we may offer through www.thefitdesk.com, social media sites and any other shopping platform that the FitDesk products are sold on. Unfortunately, availability of products cannot be guaranteed. 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. We may send an acknowledgment of receipt of your order to the email address you provide and/or proof of purchase information through the FitDesk website or to your email address after your payment has been processed. Please see our Warranty and Return Policy for further information about our products. 

Submissions

Any video, image, graphics, photos, text, audio recording, content, materials, information or other works (for simplicity, “content”) that is submitted to FitDesk by or on behalf of users (“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 all applicable laws, rules and regulations. You acknowledge that all content, including User Content, accessed by you using the FitDesk website or social media platforms is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We make no representations, warranties or guarantees with respect to any content that you access on or through the FitDesk website or social media accounts.

As between you and Peloton, you own all User Content that you submit to the FitDesk website and/or through social media. You grant FD Products LLC (FitDesk) 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 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 FitDesk permission to view your User Content for their personal, non-commercial purposes. If you make suggestions to FitDesk through either the website, social media or any other platform about improving or adding new features or products to FD Products LLC, or you otherwise provide feedback or testimonials, FD Products LLC a worldwide, perpetual, irrevocable, non-exclusive, sub-licensable (through multiple tiers), transferable royalty-free license and right to use your suggestions, feedback and testimonials without any compensation or other obligation to you.

Your Representations and Warranties

For each piece of User Content that you submit, you represent and warrant that: (i) you have the right to submit the User Content to FD Products LLC., and grant the licenses set out above; (ii) FD Products LLC., will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the User Content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) the User Content complies with this Agreement and all applicable laws.

There may be links on the FitDesk website or on other platforms that will direct you to leave the area that you are accessing in order to access a linked site that is operated by a third party. FD Products LLC., neither controls nor endorses these sites, nor has FD Products LLC., reviewed or approved the content that appears on them. FD Products LLC., is not responsible for the legality, accuracy or inappropriate nature of any content, advertising, products or other materials on or available from any such third party sites. You acknowledge and agree that F.D. Products LLC., is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the access or use of any of the links, content, goods or services available on or through these third party sites.

FD Products LLC.,  provides FitDesk products on an “AS IS” and “AS AVAILABLE” basis. You therefore use the FitDesk Products LLC., at your own risk. Other than as expressly provided in writing by FD Products LLC., in connection with your purchase of FitDesk products (for example, the Bike Desk 3.0), FD Products LLC., expressly disclaims 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, and any other warranty that might arise under any law. Without limiting the foregoing, FD Products LLC., makes no representations or warranties:

• Concerning any content, including User Content;
• Concerning any third party’s use of User Content that you submit;
• That FitDesk Products will meet your personal or professional needs;
• Concerning sites and resources outside of the FitDesk website and services, even if linked to from the FitDesk website or various media platforms.

To the extent that another party may have access to or view content on your device, you are solely responsible for informing such party of all disclaimers and warnings in this Agreement. TO THE EXTENT ANY DISCLAIMER OR LIMITATION OF LIABILITY DOES NOT APPLY, ALL APPLICABLE EXPRESS, IMPLIED, AND STATUTORY WARRANTIES WILL BE LIMITED IN DURATION TO A PERIOD OF 90 DAYS AFTER THE DATE ON WHICH YOU FIRST PURCHASED FITDESK PRODUCTS AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.

To the fullest extent permitted by law: (i) FD Products LLC., shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses; and (ii) FD Products LLC., total liability to you for all claims, in the aggregate, will not exceed the amount actually paid by you to FitDesk over the original product on the date your first claim(s) arose.

THE FITDESK WEBSITE AND OTHER DIGITAL PLATFORMS ASSOCIATED WITH THIS BRAND OFFERS HEALTH AND FITNESS INFORMATION AND IS DESIGNED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU SHOULD CONSULT YOUR PHYSICIAN BEFORE BEGINNING A NEW FITNESS PROGRAM. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE FITDESK WEBSITE OR VARIOUS DIGITAL PLATFORMS. THE USE OF INFORMATION PROVIDED THROUGH THE FITDESK WEBSITE, DIGITAL PLATFORM OR SOCIAL MEDIA, IS SOLELY AT YOUR OWN RISK.

NOTHING STATED OR POSTED ON THE PELOTON SITE OR AVAILABLE THROUGH ANY SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. FD PRODUCTS LLC., IS CONTINUALLY UNDER DEVELOPMENT AND FD PRODUCTS LLC., MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL ADVICE THAT APPEARS HERE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED ON THE FITDESK WEBSITE AND VARIOUS DIGITAL PLATFORMS, WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.

In becoming a user of FD Products LLC., 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 month; (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 (B) your physician has specifically approved of your use of the Peloton Service.

If applicable, you further affirm that (a) you are not pregnant, breastfeeding or lactating; or (b) your physician has specifically approved your use of your FitDesk product(s).

The FitDesk name, logos and affiliated properties, designs and marks are the exclusive property of FD Products LLC., and/or its affiliates, 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 FitDesk website or other digital platforms are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content that they make available through us. All rights not expressly granted in this Agreement are reserved.

FD Products LLC., 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 copyright or other intellectual property rights.

FD Products LLC., will promptly remove materials from the FitDesk website in accordance with the Digital Millennium Copyright Act (“DMCA”) if properly notified that the materials infringe a third party's copyright. Filing a DMCA Notice to Remove Copyrighted Content - for Copyright Holders

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:

• Your name, address, telephone number, and email address.
• A description of the copyrighted work that you claim has been infringed.
• A description of where on the FitDesk sites that the material you claim is infringing may be found, sufficient for FD Products LLC., to locate the material (e.g., the URL).
• A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.
• A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
• Your physical signature.

You may submit this information, or any counternotice, via:

FD Products LLC.,

Attn: Copyright Agent

1161 South Park Drive

Kernersville NC 27284 

FD Products LLC., may disclose any communications concerning DMCA notices or other intellectual property complaints with third parties, including the users who have posted the allegedly infringing material.

If you have questions about the legal requirements of a DMCA notice, please contact an attorney or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(c)(3), for more information. If you have questions about the legal requirements of a DMCA counter-notification, please contact an attorney or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(g)(3), for more information.

Arbitration.YOU AND WE AGREE THAT ALL DISPUTES BETWEEN YOU AND US OR OUR OFFICERS, DIRECTORS OR EMPLOYEES IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THIS AGREEMENT AND/OR RIGHTS OF PRIVACY OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE JAMS, INC. (“JAMS”) RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES IN EFFECT AT THE TIME OF DISPUTE, AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT EITHER PARTY MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE EQUITABLE RELIEF IN ANY U.S. COURT HAVING JURISDICTION TO PROTECT AGAINST AN INFRINGEMENT OR MISAPPROPRIATION OF THAT PARTY’S INTELLECTUAL PROPERTY RIGHTS. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.

Small Claims Court.As an alternative, you or we may bring a claim in your local “small claims” court, if permitted by that small claims court’s rules and within such court’s jurisdiction, unless the action is transferred, removed or appealed to a different court. You may bring such claims only on your own behalf.

Class Action Waiver.Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US, INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision is governed by the Federal Arbitration Act and not by any state law concerning arbitration. If JAMS is unwilling or unable to set a hearing date within 160 days of filing, then either we or you can elect to have the arbitration administered instead by the American Arbitration Association. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with this Agreement.

Time Limitation.You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with your relationship with us, this Agreement, must be filed within one year after such claim or cause of action arose or be forever banned.

Opt-Out.If you do not wish to be bound by the arbitration and class action waiver provisions in this Section 21, you must notify us in writing within 30 days of the date that you first use your FitDesk product or 30 days from the date this Section 21 was last updated (unless a longer period is required by applicable law). Your written notification must include your name and mailing address, your username and the email address you used to purchase your product, and a statement that you do not wish to resolve disputes with us through arbitration and demonstrating compliance with the 30-day time limit to opt out. You must mail your opt-out notice to this address: FD Products LLC., Attn: Dispute Resolution Opt-out, 1161 South Park Drive, Kernersville NC 27284. If you do not notify us in accordance with this Section 21, you agree to be bound by the arbitration and class-action waiver provisions set out above, including any revisions we make to this Agreement after the date of your acceptance. If we make any changes to this Section (other than a change to the address at which we will receive notices), you may reject the change by sending us written notice to the above address within 30 days of the effective date of the change. Any opt-out notice affects this Agreement only; if you previously entered into other arbitration agreements or class action waivers with us or enter into other such agreements in the future, your notification that you are opting out of the dispute resolution provision in this Agreement will not affect the other agreements between you and us.

Fees.Your arbitration fees will be limited to those fees set forth in the JAMS Rules for Arbitration of Consumer-Related Disputes with the remainder paid by FD Products LLC. This Section 21 will survive the termination of your relationship with us. If any of the prohibitions against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable under applicable law, then such provisions will be null and void and severed from this Agreement.

This Agreement shall be governed by the laws of the State of North Carolina, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply. Subject to the foregoing agreements in Section 21, any other action arising out of or relating to this Agreement or your use of FitDesk products must be commenced in the state or federal courts located in the state of North Carolina, United States of America, and you consent to the jurisdiction of those courts.

Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by FD Products LLC., in exercising any right hereunder will waive any further exercise of that right. FD Products LLC., rights and remedies hereunder are cumulative and not exclusive.

This Agreement is binding upon and will inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign or transfer this Agreement without the prior written consent of FD Products LLC. No third party has any rights hereunder. FD Products LLC., may assign its rights, obligations and/or this Agreement at any time in its sole discretion without notice to you.

You consent to receive all communications including notices, agreements, disclosures, or other information from FD Products LLC., electronically or vis regular mail. FD Products LLC., may communicate by email or by posting to the FitDesk website. For support-related inquiries, you may email customersupport@thefitdesk.com. For all other notices to FD Products LLC.,, write to the following address:

• Attn: Customer Service
• The FitDesk
• 1161 South Park Drive
• Kernersville NC 27284 

This Agreement may be modified at any time by FD Products LLC.,. Any such modification will be communicated to you by, at a minimum, revising the “Last Updated” date at the top of this page. Subject to Section 21, unless otherwise specified by us, modifications will be effective as of the date they are posted to the FitDesk website.

This Agreement incorporates the following legal documents by reference, as well as any other policies or procedures referenced herein that are posted to the FitDesk website from time to time:

• Privacy Policy
• Terms and Conditions

In the event of a conflict between any policies posted on the FitDesk website and the terms of this Agreement, the terms of this Agreement will control. This Agreement represents the entire understanding between FD Products LLC., and you and supersedes all prior agreements and understandings regarding the same.