Fiture Holding LLC, (“FITURE”, “we”, or “us”) extends the following Limited Warranty (the “Limited Warranty”) to you, a consumer who purchased our new FITURE product (the “FITURE Product”). This Limited Warranty covers only you and applies only to your non-commercial, in-home, indoor use of the FITURE Product, subject to the exclusions and limitations below. Any other use of the FITURE Product will void this Limited Warranty.
Capitalized terms used but not defined in this Limited Warranty will have the meanings given to them in FITURE’s Terms of Service (the “Terms of Service”).
The Limited Warranty applies, subject to the exclusions and limitations below, only for valid warranty claims made during the applicable Limited Warranty period described below and only so long as the applicable covered FITURE Product remains in the possession of the original purchaser, or, for gifted FITURE Product, the owner of the original membership attached to that FITURE Product.
Screen, Frame and Hardware Components：12 MONTHS
FITURE warrants that the screen, frame, and all originally incorporated hardware components of FITURE Product will be free from defects in workmanship and materials for a period of 12 months from the date of original delivery.
LABOR: 12 MONTHS
For a FITURE Product originally delivered and installed (if applicable) by FITURE or a third party authorized by FITURE, FITURE will cover the labor cost for an authorized third party to make the repair or relocation under this Limited Warranty for a period of 12 months from the date of original delivery.
Except where applicable law requires otherwise, repair labor is not covered for locations where FITURE did not originally deliver and install the FITURE Product or the FITURE Product is moved to a location that is outside of FITURE 's service area.
EXCLUSIONS AND LIMITATIONS
Who and what is covered:
The original purchase and owner of the FITURE Product. The FITURE Product must remain in the possession of the original purchaser, or, for a gifted FITURE Product, the owner of the original membership attached to that FITURE Product. This Limited Warranty is not transferable.
If a defect arises in the FITURE Product or a warranted component within the applicable Limited Warranty period, the purchaser’s sole and exclusive remedy is for FITURE, at FITURE’s discretion to the extent permitted by law, either replace or repair the defective or malfunctioning FITURE Product or component with the same or a comparable model.
Any replacement or repaired component shall be warranted for the remainder of the original Limited Warranty period or 30 days, whichever is longer, or for any additional period that is required by applicable law.
What is NOT covered?
FITURE does not provide any warranties for any gifts (such as heart rate monitor or any other accessories) that are provided to you as a present, or as a promotional product free of charge (if applicable). Such free gifts do not constitute part of the sale.
Any other FITURE products or services, non-FITURE products or services, labor, units that is, or that FITURE reasonably believes to be, stolen, counterfeit, or purchased from an unauthorized distributor or reseller, units purchased or used outside the U.S., and units missing serial numbers.
Software, even if sold with or embedded in the FITURE Product, or Internet connectivity.
Damage or loss of access as a result of FITURE’s termination or suspension of your account.
Data loss and any costs associated with data recovery (if applicable).
Defects, damage or equipment failure arising from (i) normal wear and tear; (ii) improper or negligent assembly, maintenance, or use (including but not limited to, using or storing the FITURE Product outside (or otherwise exposed to the elements) or in temperatures outside the recommended range); (iii) installation, repair (other than normal repair provide by FITURE), relocation or removal of the FITURE Product; (iv) use of the FITURE Product with parts or accessories from third parties, or with parts or accessories not originally intended for or compatible with the FITURE Product; (v) use not in conformity with FITURE guide, manual or technical specifications; or (vi) any use contrary to or in breach of the FITURE Terms of Service or other instructions provided with the FITURE Product or by FITURE.
Damage or equipment failure due to accident, abuse, improper or abnormal use, neglect, corrosion, discoloration of paint or plastic (or any other change in cosmetic appearance that does not affect performance), theft, vandalism, fire, flood, wind, lightning, freezing or other natural disasters or acts of God of any kind, electrical wiring, power reduction, power fluctuation or power failure from whatever cause, unusual atmospheric conditions, collision, introduction of foreign objects, or modifications that are unauthorized or not recommended by FITURE.
Any attempt to modify or replace any component of the FITURE Product or modify, delete, add, or install software not provided with the FITURE Product by FITURE.
Incidental or consequential damages. FITURE is not responsible or liable for indirect, special, incidental or consequential damages, economic loss, loss of property or profits, loss of enjoyment or use, or other consequential damages of any nature whatsoever in connection with the purchase, use, repair or maintenance of equipment or parts. FITURE does not provide monetary or other compensation for any such repairs or replacement parts costs, including but not limited to gym membership fees, work time lost, cost of substitute equipment, diagnostic visits, maintenance visits or transportation.
Any use for commercial purposes or other purposes other than a single family or household’s in-home, indoor use.
Any attempt to move or repair fitness equipment creates a risk of injury and property damage. FITURE is not responsible or liable for any damage or injury incurred during, or as a result of, any move, repair or attempted repair of equipment by anyone other than a FITURE authorized service technician. All moves or repairs attempted by you or your agents are undertaken AT YOUR OWN RISK and FITURE shall have no liability for any injury to person or property arising from such attempted moves or repairs. In addition, labor may no longer be covered if you move outside of FITURE's service area.
FITURE does not warrant that the operation of the FITURE Product will be uninterrupted or error-free.
Where permitted by law, replacement units, parts and electronic components reconditioned to as-new condition by FITURE or its vendors may sometimes be supplied as warranty replacement and constitute fulfillment of warranty terms.
HOW TO OBTAIN WARRANTY SERVICE
To be eligible for service under this Limited Warranty you must contact the FITURE Member Support Team at support@fiture.com, and provide FITURE with the serial number of your FITURE Product and the dated receipt, or other proof of purchase indicating the date purchased, upon discovering any nonconformity or defect.
Claims must be made within the specified warranty period.
Any disputes between you and FITURE related to this Limited Warranty or the FITURE Product will be governed by the then-current dispute resolution procedures in FITURE’s Terms of Service, available at www.fiture.com/terms-of-service.
* THIS LIMITED WARRANTY IS THE EXCLUSIVE WARRANTY GIVEN BY FITURE AND SUPERSEDES ANY PRIOR, CONTRARY, OR ADDITIONAL REPRESENTATIONS OR WARRANTIES. IN NO EVENT SHALL FITURE’S LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTY EXCEED THE PRICE PAID BY YOU FOR PURCHASE OF THE FITURE PRODUCT, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, LOST REVENUE, LOST PROFIT, LOST DATA, OR PRIVACY, OR ANY OTHER CAUSE OF ACTION OR LEGAL OR EQUITABLE THEORY. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY STATUTORY WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE DISCLAIMED EXCEPT TO THE EXTENT PROHIBITED BY LAW. IN SUCH EVENT, SUCH WARRANTY IS LIMITED TO THE DURATION OF THE WARRANTY PERIODS SET FORTH ABOVE. THIS EXCLUSION APPLIES EVEN IF THIS LIMITED WARRANTY FAILS OF ITS ESSENTIAL PURPOSES AND REGARDLESS OF WHETHER DAMAGES ARE SOUGHT FOR BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, OR UNDER ANY OTHER LEGAL THEORY. SOME JURISDICTIONS DO NOT ALLOW FOR THE DISCLAIMER OF CERTAIN WARRANTIES, SO SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM STATE TO STATE.