Terms and Conditions Policies
Last changed: October 3, 2023
USE OF MATERIALS; RESTRICTIONS
This website and all materials on the website, including, but not limited to, the layout, design, images, illustrations, color schemes, videos, text content, articles, and postings (the “Materials”) are the property of ElliptiGO Incorporated (ElliptiGO). The Materials are subject to applicable copyright laws, trademark laws, international conventions and other intellectual property laws. By using this site, you agree not to reproduce, copy, reuse, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Materials from www.elliptigo.com or any of its associated microsites without the prior written permission of ElliptiGO. However, you may download or make one copy of the Materials and other downloadable items displayed on the website or associated microsites, provided that the same are not used for any commercial purpose, distributed to third parties or offered for sale to third parties, and further provided that all copyright and other notices contained in the Materials are left intact. Any modification of the Materials, or any portion thereof, or use of the Materials for any other purpose constitutes an infringement of ElliptiGO’s copyrights and other proprietary rights. Use of these Materials on any other website or other networked computer environment is prohibited without prior written permission from ElliptiGO.
ElliptiGO and its logos are all trademarks and/or trade names owned or licensed by ElliptiGO and are protected by law. Other trademarks and/or trade names not specifically listed here, but which are associated with ElliptiGO, are protected by law as well. All trademarks, copyrights, logos, and symbols constitute the intellectual property of ElliptiGO or its affiliated companies and are protected by federal and state law and may not be copied or imitated in whole or in part. Any unauthorized use of these trademarks and trade names is strictly prohibited.
THIRD-PARTY PRODUCTS & SERVICES
ElliptiGO is not responsible for the content of any sites that may be linked to or from this website, nor do we make any representations or warranties of any kind regarding any products or services offered by any third parties whose icons, products, services or hyperlinks appear on the website. These links are provided for your convenience only and you access them at your own risk. Any sites other than ElliptiGO microsites that are accessed from this website are independent of ElliptiGO and we have no control over the content of that other site. In addition, a link to any other site should not be construed as approval or endorsement by ElliptiGO of that third party or of any product or service provided by a third party.
Your correspondence or business dealings with third parties found on or through this website, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties. We will not be involved in resolving any disputes relating to or arising out of any correspondence or business transaction between you and any such third parties.
TEST RIDE REQUESTS
By asking a question or requesting a test ride through our Test Ride Locator, you agree to represent yourself accurately and not mislead the Enthusiast who will respond to your question or request. Should you elect to meet an Enthusiast for a test ride, you agree to the following:
- To complete the test ride waiver before conducting your test ride.
- To take reasonable measures to ensure a safe test ride, including wearing a helmet and appropriate attire.
- To inspect the bike and ensure it is in good working order before conducting the test ride.
- To follow the instructions of the Enthusiast to the best of your ability.
- To be responsible for any damage caused to the bike or any third-party property as a result of your negligence beyond reasonable wear and tear.
- To ensure you have proper insurance to cover any medical issues or property damage that results from your test ride.
DISCLAIMER OF WARRANTY & LIMITATION OF LIABILITY
This website and all elements thereof are provided on an “as is” basis without warranty of any kind, express or implied. ElliptiGO disclaims all warranties, express and implied, including without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. If you rely on this website or any information, product or service available through this website, you do so at your own risk. ElliptiGO does not warrant that the site will operate or perform in a manner that is uninterrupted or error-free, or that the site or host server will be maintained free of viruses or other harmful code. Some states and jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.
The foregoing shall be enforceable to the maximum extent permitted by applicable law.
Under no circumstances and regardless of legal theory, whether in tort, contract or otherwise, will ElliptiGO be liable to you or any other party for any damages, including, but not limited to, indirect, special, incidental, reliance, or consequential damages, however caused, and regardless of character, including without limitation, relating to your use of this website, any product or service linked to from or advertised or promoted on this website, lost data, computer failure or malfunctioning, or otherwise. Some states and jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you. The foregoing shall be enforceable to the maximum extent permitted by applicable law. You agree to this allocation of risk in relation to your use of the site.
JURISDICTIONS & VENUE
You agree that any legal action brought against ElliptiGO shall be governed by the laws of the State of California without regard to its conflict of law principles and shall take place in the appropriate federal or state court located in the County of San Diego, California.
Terms of Sale
Credit Cards and PayPal
We accept the following credit cards: Visa, MasterCard, AMEX, and Discover. We also accept payment via PayPal. There is no surcharge for using your credit card or PayPal to make purchases. Your credit card or PayPal account will be billed upon shipment of your order or prior to shipping your order, unless otherwise noted. Please be sure to provide your exact billing address and telephone number (the address and phone number your credit card bank has on file for you). Incorrect information will cause a delay in processing your order for which we are not responsible.
Orders placed using financing provided by our third-party financing vendor are subject to the terms and conditions set forth in the financing contract.
Multiple Product Orders
When ordering more than one product, we will attempt to ship all products at the same time. However, ElliptiGO bicycles may ship separately from accessories. Products that are unavailable at the time of shipping may be shipped as they become available or may be held until the entire order is available, at our discretion. You will be charged for products as they are shipped. In the event that your order ships on different days, the entirety of your shipping charge may be applied to the first product(s) shipped.
Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order. ElliptiGO Inc. reserves the right at any time after receipt of your order to accept or decline your order for any reason or to supply less than the quantity you ordered of any item. If ElliptiGO Inc. elects to decline an order after it has been paid for, then ElliptiGO Inc. will refund the entire amount paid. If ElliptiGO Inc. elects to supply a lower quantity than was ordered after the full quantity has been paid for, ElliptiGO Inc. will refund the amount charged for the portion of the order that was declined.
Usually, products ship within 2-3 business days. However, there may be times when the product you have ordered is out-of-stock, which will delay fulfilling your order. We will keep you informed of any products that you have ordered that are out-of-stock and unavailable for immediate shipment. You may cancel your order at any time prior to shipping and receive a full refund of any monies delivered to us.
We guarantee that you will love your ElliptiGO products and accessories. If you make your purchase directly from ElliptiGO, you can return an item for any reason within 30 days of purchase for a full refund, less return shipping charges, if any (expedited outbound shipping charges will not be refunded). For apparel, gloves, and helmets: the item must be in restockable condition, meaning that all tags and/or stickers are still on the product. The item may be tried on for fit, but not used. Any returned item that is damaged or is missing parts for reasons other than our error may receive a partial refund, which we will inform you about upon receipt of the return. If you are thinking of returning a product to ElliptiGO for any reason, please keep the box and all original packing materials for the return shipment. Just contact us at [email protected] to arrange the return, and we will send you more details. If you purchased from an authorized dealer, that dealer’s return policy will apply instead.
Most orders will ship within 2-3 business days. We cannot guarantee when an order will arrive. Consider any shipping or transit time offered to you by ElliptiGO Inc. or other parties only as an estimate. We encourage you to order in a timely fashion to avoid delays caused by shipping or product availability.
ElliptiGO Inc. charges sales tax on orders that will be delivered to addresses within the states where ElliptiGO Inc. believes it has nexus for sales tax purposes. For orders shipped to states where ElliptiGO does not believe it has nexus for sales tax purposes, the purchaser is solely responsible for all sales, use or other taxes related to the purchase.
If a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers or for any other reason, ElliptiGO Inc. has the right to refuse or cancel any orders placed for said product. ElliptiGO Inc. has the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for a purchase at an incorrect price and your order is canceled, ElliptiGO Inc. shall refund the amount charged.
Modifying the Terms & Conditions
All orders placed through elliptigo.com are governed by the Terms & Conditions in effect at the time the order is placed. These Terms & Conditions supersede any terms and/or conditions you include with any purchase order. We reserve the right to make changes to these Terms & Conditions at any time. If this happens, we will notify you by posting the new Terms & Conditions on the website.
Mobile Terms of Service
The ElliptiGO mobile message service (the “Service”) is operated by ElliptiGO (“ElliptiGO”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to ElliptiGO’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of ElliptiGO through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with ElliptiGO. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt out of the Service at any time. Text the single keyword command STOP to +1.844.603.0873 or click the unsubscribe link (where available) in any text message to cancel. You’ll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device unless initiated by you. If you have subscribed to other ElliptiGO mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt-out separately from those programs by following the instructions provided in their respective mobile terms.
For Service support or assistance, text HELP to +1.844.603.0873 or email [email protected].
We may change any shortcode or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.