LES MILLS TERMS AND CONDITIONS FOR THE SALE AND PURCHASE OF EQUIPMENT
BETTER10 and STRONGER10 Promotions
These promotions using the promo codes BETTER10 and STRONGER10 are offered by Les Mills United States Trading, Inc and are valid for 2 months from the date of email issuing the promotion to SMART TECH email list signups. Applies to consumer only online orders for specific products featured at https://shop.lesmills.com/equipment/newou(excluding gift cards, Total Body Reinvention pack, Essentials bundle, Premium bundle, BODYPUMP Home Set, Home Starter Set, Rebuild & Restore Pack, LES MILLS ON DEMAND BODYPUMP 12 MONTHS, and LES MILLS ON DEMAND BODYPUMP 3 MONTHS) and limited to orders under $2,000. Offer cannot be combined with any other promotions or discounts and not valid on existing or past orders. Discount cannot be applied to shipping and handling costs. Only valid in the USA and limited to stock on hand. Shipping costs additional. Purchase terms apply. Offer may be discontinued by Les Mills US at any time.
LES MILLS US - LES MILLS ON DEMAND EXCLUSIVE 10% OFF ACCELERATED TRAINING PACK
This promotion is offered by Les Mills United States Trading, Inc ("Les Mills US") and only applies to consumer purchases (clubs and facilities are excluded). Offer valid from 12:00am EDT 27 June, 2018 - 11:59pm EDT on 29 July, 2019. Offer valid for online purchases only at https://shop.lesmills.com/equipment/accelerated-training-pack. Enter code LMOD10 at checkout to apply discount. Offer cannot be combined with any other promotions or discounts and not valid on existing or past orders. Offer subject to availability. Discount code cannot be applied to shipping and handling costs. Only valid in the USA and limited to orders under $2,000. Limited to stock on hand.
Updated and effective March 26, 2020
These Les Mills Terms and Conditions for Online Sale and Purchase of Equipment (the “Purchase Terms”) set forth the terms pursuant to which Les Mills US Trading Inc. (referred to as “Les Mills,” “us,” “we” or “our” as the context may require) offers and sells any Les Mills’ equipment (“Equipment”) to you, as offered through the website (https://shop.lesmills.com/equipment) (or any subsequent URL that may replace it) (the “Site”) or through a Les Mills sales representative by phone, email or in person (each, together with the Site, a “Sales Channel”). Les Mills and you may be referenced individually as “party” or collectively as “parties.” An “Order” shall mean when you place an order or purchase any Equipment through any Sales Channel and we accept your order in accordance with clause 9. These Purchase Terms will constitute the contract between you and Les Mills for the sale of the applicable Equipment (the “Contract”). You should print a copy of these Terms of Sale at the time you purchase any Equipment or save them to your computer for future reference. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. BY PLACING AN ORDER FOR LES MILLS EQUIPMENT YOU ACCEPT AND ARE BOUND BY THESE PURCHASE TERMS.
RESTRICTIONS ON PURCHASING EQUIPMENT.
YOU MAY NOT ORDER, PURCHASE OR OBTAIN LES MILLS EQUIPMENT IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT AT LEAST 18 YEARS OF AGE, (C) ARE UNABLE TO OPERATE THE EQUIPMENT SUBJECT TO CLAUSE 3 OR THE INSTRUCTIONS THAT ARE INCLUDED WITH THE EQUIPMENT, OR (D) ARE PROHIBITED FROM ACCESSING OR USING THIS SITE OR ANY OF THIS SITE’S CONTENTS, GOODS OR SERVICES, INCLUDING THE EQUIPMENT, BY APPLICABLE LAW.
IMPORTANT NOTICES REGARDING DISPUTE RESOLUTION.
These Purchase Terms contain provisions that govern how claims you and we may have against each other are resolved (see clauses 16 and 17 below), including an agreement and obligation to arbitrate disputes.
FOR BUSINESS CUSTOMERS: The agreement and obligation to arbitrate disputes pursuant to clause 16 requires the use of arbitration to resolve disputes, rather than judicial trials.
FOR CONSUMERS: Subject to limited exceptions, the agreement and obligation to arbitrate disputes pursuant to clause 17 below requires you to submit claims you have against us to binding arbitration, unless you opt-out in accordance with clause 17. Unless you opt-out of arbitration: (A) you will only be permitted to pursue claims against us on an individual basis, not as part of any class or representative action or proceeding and (B) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
CONSULT YOUR PHYSICIAN BEFORE USING ANY EQUIPMENT AND FOLLOW HIS OR HER ADVICE. DO NOT USE THE EQUIPMENT IF YOU HAVE A HISTORY OF CHEST PAIN, KNEE, ANKLE, WRIST, SHOULDER, JOINT, OR SPINAL (BACK OR NECK) PROBLEMS OR INJURIES. IF AT ANY TIME YOU FEEL DISCOMFORT, PAIN, DIZZINESS, OR NAUSEA, YOU SHOULD DISCONTINUE USING THE EQUIPMENT IMMEDIATELY. READ AND FOLLOW ANY USE GUIDANCE PROVIDED BY LES MILLS. YOU ARE RESPONSIBLE FOR EXERCISING WITHIN YOUR LIMITS AND ASSUME ALL RISK AND INJURY TO YOUR PERSON AND PROPERTY.
UPDATES TO THESE PURCHASE TERMS.
When you purchase any Equipment from us, you will be bound by these Purchase Terms, and the date of purchase shall constitute the “Effective Date” of the Contract. For the avoidance of doubt, the Purchase Terms in the Contract agreed upon by you and us as of the Effective Date shall apply even if there are future revisions to the Purchase Terms.
The images of the Equipment on our Site, and in any other marketing materials that we provide in connection with the Equipment, are for illustrative purposes only. Although we have made reasonable effort to display colors on our Site accurately, we cannot guarantee that your computer’s display of the colors accurately reflects the color of the Equipment, or that the images of the Equipment depict the Equipment with complete accuracy. Your Equipment may vary slightly from those images.
Gift cards expire 5 years after purchase unless otherwise required by applicable law. Promotional offers or discounts do not apply to the purchase of gift cards. Gift cards cannot be redeemed or exchanged for cash except where required by law. Gift cards cannot be used to purchase another gift card. No change or refund will be given, except in accordance with your statutory rights. We are not able to replace or replenish gift cards that are lost, stolen or used without authorization. If the amount of your gift card(s) does not cover the total order amount, the remainder of the purchase balance can be paid with an accepted alternate form of payment. Any balance remaining on the gift card may be applied to future purchases, provided the gift card has not expired. We ask that you safeguard your card and treat your gift card as you would cash. Do not share your gift card code. Gift cards may only be redeemed for products on the US equipment store at https://shop.lesmills.com/equipment/.
IF YOU ARE A BUSINESS CUSTOMER.
This clause 8 only applies if you are a business, and not an individual consumer.
- 8.1. You confirm that you have the authority to bind any business on whose behalf you use the Sales Channels to purchase Equipment.
- 8.2. These Purchase Terms and any exhibit, attachment, or schedule or other document expressly incorporated by reference into these Purchase Terms constitutes the entire Contract between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to the subject matter herein.
- 8.3. You acknowledge that in entering into this Contract you have not relied on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Purchase Terms or any document expressly referred to in them.
- 8.4. You and we agree that neither party shall have any claim for innocent or negligent misstatement based on any statement in this Contract.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US (OFFER AND ACCEPTANCE).
- 9.1. You agree that all the Equipment listed in your Order is an offer to buy the applicable Equipment and you will be subject to these Purchase Terms and all other terms of the Contract as of the Effective Date herein. Your delivery address must be within the United States or Canada. Your Order must be accepted by us and we reserve the right to decline to sell you Equipment or otherwise fulfill your Order for any reason and at our sole discretion.
- 9.2. After you place your Order, you will receive an email from us acknowledging that we have received your order (Purchase Confirmation). However, please note that this does not mean that your order has been accepted.
- 9.3. We will confirm our acceptance of your Order by sending you an additional email that confirms that the Equipment has been dispatched (Dispatch Confirmation). The Contract between the Parties will only be formed when we have sent you the Dispatch Confirmation.
- 9.4. If we are unable to supply you with the Equipment you have ordered, for example, because that Equipment is not in stock or no longer available, or because of an error in the price on our Site, we will inform you of this by email or phone and we will not process your order. If you have already paid for the Equipment we will refund you the full amount including any delivery costs charged to you.
RETURN AND REFUND POLICY.
- 10.1. All sales are final, except where the Equipment you receive is not the Equipment you ordered or is defective subject to clause 10.2, or if you elect to return the unopened carton of Equipment within 14 days of the date of delivery of the Equipment. On Les Mills’ acceptance of the returned unopened Equipment we will refund you for the Price only. All shipping and handling charges (including for returning the Equipment to Les Mills) are solely your responsibility.
- 10.2. If an item of Equipment that you receive is not the Equipment you ordered or defective, or the delivery service provides notice that the Equipment has been delivered, but you have not received it, you must notify Les Mills within 7 business days of the date of delivery, or date of notice of delivery, by providing all relevant details including the Order number and evidence of the error or defect sufficient to enable Les Mills to make a determination as to the nature and extent of the error or defect, or, with respect to delivery failures, such evidence as Les Mills may require to verify the applicable delivery failure. Upon receipt of an applicable notice and provided that Les Mills determines that you have not received the item identified in your Order, or the item of Equipment is defective, Les Mills may, at its sole discretion, ask you to either keep the defective item and dispose of it, or alternatively return the incorrect or defective item (unused and repacked in its original packaging) to Les Mills at our cost and we will either send you a replacement item, or refund you the price of the incorrect or defective part of your order. If you do not notify us within the applicable seven (7) business day period of a defect, your remedy will be limited to the Les Mills’ standard Equipment warranty for manufacturing defects, the terms of which are provided to you along with the Equipment. If you do not notify us within the applicable seven (7) business day period of a delivery failure, the Equipment shall be deemed to have been delivered, and Les Mills shall have the right to determine in its reasonable discretion whether to send you a replacement.
- 10.3. Any item you return to Les Mills is returned at your own risk. Please email email@example.com for more information on returns.
- 11.1. The Dispatch Confirmation we send will include an estimated delivery date. Under ordinary circumstances, we typically ship within 2 business days of the Purchase Confirmation, however the global Covid-19 situation means that our shipping times may be delayed. We also rely on third party delivery services for the delivery of the Equipment and we are not liable for any delays in shipments. We will keep you informed by email for any updates to the estimated delivery date.
- 11.2. The risk of loss for items purchased will pass to you at the point of drop-off of the Equipment to the address that you provided in your Order. The title in the Equipment will pass to you once we have received payment in full, including all applicable delivery charges.
PRICE OF EQUIPMENT.
- 12.1. The price of Equipment will be the price advertised on our Site or as quoted to you at the time you submit your Order. The price charged will be stated in your Purchase Confirmation email. We take all reasonable care to ensure that the prices of Equipment are correct at the time when the relevant information was entered onto the system. This clause 12.1 is subject to clause 12.4.
- 12.2. All prices, discounts, and promotions posted on our Site are subject to change without notice. Price increases will only apply to orders placed after the time of the increase.
- 12.3. Quoted or otherwise provided prices do not include taxes or charges for shipping and handling. All taxes (if applicable) and shipping and handling/delivery charges will be added to your total price, and will be itemized in your shopping cart and in your Purchase Confirmation email.
- 12.4. Despite our reasonable efforts, Equipment listed on our Site may be incorrectly priced. If we discover an error in the price of the Equipment you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Equipment at the correct price or cancelling your Order. We will not process the applicable order until we have your instructions. If we are unable to contact you by electronic mail within 10 business days using the contact details provided in your Order, we will cancel the Order without further notification.
HOW TO PAY
- 13.1. Unless you are a business customer and alternative payment terms are expressly agreed to in advance in writing by an authorized Les Mills representative, payment for the Equipment and all shipping and handling charges must be received by us before our completion of an Order.
- 13.2. We accept the following cards for all purchases: VISA, Mastercard, American Express and Discover credit cards and debit cards from the US. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use the applicable credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted to you at the time of your order.
- 13.3. Please note that some credit card companies will charge a currency conversion fee to your credit card account when processing your payment. We use the industry standard encryption protocol known as Secure Socket Layer (SSL) to keep your purchase confirmation secure. Payment for your order must be accepted by our central bank network. If your payment is declined, you will receive an automated notification that your order cannot be processed.
- 13.4. We also accept check payments. In order to pay by check please email firstname.lastname@example.org. We will hold checks for 10 working days before we will dispatch your order.
- 13.5. If you are a business customer, and an authorized representative of Les Mills has agreed to payment terms pursuant to which you receive the Equipment prior to making payment in full, if you fail to make a payment as required pursuant to the agreed terms, Les Mills reserves the right to seek all remedies available to it at law and in equity, including engaging a third party debt collection agency to enforce the payment terms on Les Mills’ behalf. Further, Les Mills may determine in its discretion whether its business customers must pay a deposit for the Equipment prior to delivery by Les Mills of the applicable Equipment.
LIMITATIONS ON LES MILLS’ LIABILITY AND YOUR INDEMNITY OBLIGATIONS
- 14.1. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATED ENTITIES OR ANY OF OUR OR THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS, BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY), MISREPRESENTATION, RESTITUTION OR OTHERWISE, EVEN IF FORESEEABLE, ARISING OUT OF, OR RELATING TO OR IN CONNECTION WITH: (A) ANY BREACH OF THESE PURCHASE TERMS, (B) USE OF OR RELIANCE ON THE EQUIPMENT, (C) PERSONAL INJURY, (D) DEATH, (E) PAIN AND SUFFERING, (F) EMOTIONAL DISTRESS, (I) LOSS OF LIVELIHOOD, (J) LOSS OF ENJOYMENT, (K) LOSS OF PROFITS, SALES, BUSINESS OR REVENUE, OR DIMINUTION IN VALUE, (L) LOSS OF BUSINESS OPPORTUNITY, (M) LOSS OF ANTICIPATED SAVINGS, (N) LOSS OF GOODWILL OR REPUTATION; OR (O) ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PURE ECONOMIC LOSS, COSTS, DAMAGES OR CHARGES OR EXPENSES OF ANY KIND WHATSOEVER.
- 14.2. TO THE EXTENT PERMITTED BY APPLICABLE LAW, OUR AND OUR AFFILIATED ENTITIES’, SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE EQUIPMENT YOU HAVE ORDERED.
- 14.3. TO THE EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY STATED IN THESE PURCHASE TERMS OR AS FOLLOWS FROM ANY APPLICABLE LIMITED MANUFACTURER’S WARRANTY, WE DO NOT GIVE ANY REPRESENTATION, WARRANTIES OR UNDERTAKINGS IN RELATION TO THE EQUIPMENT. ANY REPRESENTATION, CONDITION OR WARRANTY THAT MAY BE IMPLIED OR INCORPORATED INTO THESE PURCHASE TERMS BY STATUTE, COMMON LAW OR OTHERWISE IS EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
- 14.4. YOU AGREE TO DEFEND AND INDEMNIFY LES MILLS AGAINST ALL CLAIMS AND LOSS OF ANY KIND WHATSOEVER HOWEVER CAUSED OR ARISING AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING OF THIS CLAUSE WHETHER CAUSED OR ARISING AS A RESULT OF THE NEGLIGENCE OF LES MILLS OR OTHERWISE, BROUGHT BY ANY PERSON IN CONNECTION WITH ANY MATTER, ACT, OMISSION, OR ERROR BY LES MILLS, ITS AGENTS OR EMPLOYEES IN CONNECTION WITH THE EQUIPMENT. YOU WILL NOT BE REQUIRED TO INDEMNIFY AND HOLD LES MILLS HARMLESS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, LOSSES, OR EXPENSES RESULTING FROM LES MILLS’ OWN NEGLIGENT CONDUCT.
EVENTS OUTSIDE OUR CONTROL.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached this Contract, for any failure to perform, or delay in performance of, any of our obligations under this Contract is caused by any act or event beyond our reasonable control, including without limitation, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation of war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport.
WAIVER OF JURY TRIALS AND BINDING ARBITRATION IF YOU ARE A BUSINESS
This clause 16 only applies if you are a business customer.
- 16.1. YOU AND LES MILLS ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. 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 OF EQUIPMENT, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
- 16.2. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and Mediation Procedures (“Commercial Rules”). 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 Purchase Terms are 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.
If any provision of this arbitration provision is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
DISPUTE RESOLUTION AND BINDING ARBITRATION IF YOU ARE A CONSUMER
This clause 17 only applies if you are a consumer.
- 17.1. YOU AND LES MILLS 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 OF EQUIPMENT, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
- 17.2. Agreement to Binding Arbitration. All claims arising out of or relating to these Purchase Terms (including their formation, performance and breach), and the parties’ relationship with each other shall be finally settled by binding arbitration administered by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Purchase Terms, including, but not limited to, any claim that all or any part of these Purchase Terms is void or voidable. You or we may elect to appear at the arbitration by phone or, if you and we both agree, to conduct it online, in lieu of appearing live. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these Terms of Service shall be subject to the Federal Arbitration Act. The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures. If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250.00), we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to JAMS. We will also be responsible for paying all other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to JAMS. You will not be required to pay fees and costs incurred by us if you do not prevail in arbitration. We will also pay JAMS to reimburse you for any portion of the $250 filing fee that is more than what you would otherwise have to pay to file suit in a court of law.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, the right to discovery may be more limited in arbitration than in court.
We will be responsible for paying for individual consumer’s arbitration fees. If you prevail on any claim that affords the prevailing party attorney’s fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
- 17.3. Exception - Small Claims Court Claims You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention to do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
- 17.4. Exception – California Private Attorneys General Act (PAGA) Action. . Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a court of law for a claim arising under California’s Private Attorneys General Act.
- 17.5. Class Action and Class Arbitration Waiver. You agree to an arbitration on an individual basis and you and Les Mills each expressly waive our respective right to file a class action or seek relief on a class basis. IN ANY DISPUTE, NEITHER YOU NOR LES MILLS 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 court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section 17.2 shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
- 17.6. 30 Day Right to Opt-Out. . You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following email: email@example.com. The notice must be sent within thirty (30) days of placing an order for Equipment, otherwise you shall be bound to arbitrate disputes in accordance with the terms of this clause 17. If you opt-out of these arbitration provisions, we also will not be bound by them.
- 17.7. Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in Section 17.2 do not apply, or if you have opted out of arbitration, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Cook County, Illinois (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in Cook County, Illinois for any litigation other than small claims court actions. In the event of litigation relating to these Purchase Terms, the parties agree to waive, to the maximum extent permitted by law, any right to a jury trial, except where a jury trial waiver is not permissible under applicable law.
If any provision of this arbitration provision is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
- 18.1. If you wish to contact us for any reason, including because you have any complaints, you can contact us by emailing us at firstname.lastname@example.org, or by overnight courier or registered mail to the following address:
Les Mills United States Trading, Inc.
Address: 363 W Erie St, Suite 200, Chicago, IL 60654
- 18.2. If we have to contact you or give you notice in writing, we will do so by sending a message to the e-mail address you provide, or by pre-paid post to the address you provide us, in your Order.
- 18.3. Notices sent by email will be effective when the email is sent. It is your responsibility to keep your email address current. Notices sent by (i) overnight courier will be effective 1 business day after they are sent, and (ii) registered mail will be effective 3 business days after they are sent.
OTHER IMPORTANT TERMS
- 19.1. NOTICE TO CALIFORNIA USERS. Under California Civil Code § 1789.3, users located in California are entitled to the following consumer rights notice. Users may contact us by writing to Les Mills at the following address: 363 W Erie St, Suite 200, Chicago, IL 60654 or email@example.com. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
- 19.2. Assignment. We may transfer our rights and obligations under a Contract to another organization, but this will not affect your rights or our obligations under these Purchase Terms. You may only transfer your rights or your obligations under these Purchase Terms to another person if we agree in writing.
- 19.3. Severability. Each of the paragraphs of these Purchase Terms operates separately. If any court or relevant authority decides that any of them are unlawful, invalid, illegal or unenforceable, then that paragraph will be deemed severed from these Purchase Terms and the remaining paragraphs will remain in full force and effect.
- 19.4. No Third-Party Beneficiaries. These Purchase Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you.
- 19.5. No Waivers. If we fail to insist that you perform any of your obligations under these Purchase Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
- 19.6. Not for Resale or Export. You represent and warrant that you are purchasing Equipment for your own internal or personal use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US or Canada.
- 19.7. Governing Law. All matters arising out of or relating to these Purchase Terms are governed by and construed in accordance with the internal laws of the State of Delaware, without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Delaware.