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 * THE ROWERS
 * THE EXPERIENCE
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 * THE ROWERS
 * THE EXPERIENCE
   * THE EXPERIENCE
   * GAME-BASED WORKOUTS
   * PERSONALIZATION & INTELLIGENCE
   * COMMUNITY COMPETITION
   * CITYROW CLASSES
   * MEMBERSHIP
 * LEARN TO ROW
   * LEARN TO ROW
   * WHY ROWING
 * PRESS & REVIEWS
 * SHOP NOW
   * COMPARE ROWERS
   * THE ERGATTA ROWER
   * THE ERGATTA LITE
   * ACCESSORIES & APPAREL





ERGATTA TERMS OF USE

Last Updated: October 6th, 2023



Please read these Terms of Use carefully before you start to use Ergatta’s
services, as they are a binding legal agreement between you and Ergatta, Inc. By
using the Services (as defined below) or by clicking to accept the Terms of Use
when this option is made available to you, you accept and agree to be bound and
abide by these Terms of Use and our Privacy Policy, found at
ergatta.com/privacy, incorporated herein by reference. If you do not want to
agree to these Terms of Use or the Privacy Policy, you must not access or use
the Services.



Acceptance of the Terms of Use

You and we may be referred to individually as a “Party” or collectively the
“Parties”. The following terms and conditions, together with any documents they
expressly incorporate by reference (collectively, “Terms of Use”), govern your
access to and use of ergatta.com and its subdomains, including any content,
functionality and services offered on or through ergatta.com or Ergatta’s social
media accounts (including without limitation Facebook, Twitter, Instagram,
TikTok, YouTube, and Vimeo), mobile messages, marketing emails and other
communications to you, any account you create with Ergatta, and any Ergatta
application, including without limitation the application on your Ergatta
machine or mobile application on your personal device (an “Ergatta App”)
(collectively, the “Services”).



THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER.
READ CAREFULLY, INCLUDING YOUR RIGHT, IF APPLICABLE, TO OPT OUT OF ARBITRATION.
EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW,
OR WHERE PROHIBITED BY LAW, BY ENTERING INTO THESE TERMS YOU EXPRESSLY AGREE
THAT DISPUTES BETWEEN YOU AND ERGATTA MAY WILL BE RESOLVED BY BINDING,
INDIVIDUAL ARBITRATION, AND YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A
CLASS ACTION LAWSUIT OR CLASS- WIDE ARBITRATION OR TRIAL BY JURY.



The Services are only for users who are 13 years of age or older. By using the
Services, you represent and warrant that you are of legal age to form a binding
contract with the Company and meet the requirements herein. If you do not meet
all of these requirements, you must not access or use the Services. If you are
at least 13 but under the age of majority in the state or province where you
live, your parent or guardian must agree to these Terms on your behalf before
you use the Services. You do not need to create an Account to visit the public
pages of the Services; however, you do need an Account to enjoy full access to
Ergatta’s products and Services.

 

Ergatta’s Services are only for your personal use, and not for the use or
benefit of any third party. If a third party has access to the Services provided
to you, you are solely responsible for informing that party of all disclaimers,
warnings, and other provisions in the Terms of Use. You may only use the
Services for commercial purposes with Ergatta’s prior written consent.



Changes to the Terms of Use

We may modify these Terms of Use from time to time in our sole discretion. All
changes are effective immediately when we post them on this website. Your
continued use of the Services following the posting of revised Terms of Use
means that you accept and agree to the changes.



Accessing the Services and Account Security

To access the Services, or certain features you may be asked to provide certain
registration details or other information. It is a condition of your use of the
Services that all the information you provide is correct, current and complete.
You agree that all information you provide to register with the Services or
otherwise, including, but not limited to, through the use of any interactive
features on the Services, is governed by our Privacy Policy, and you consent to
all actions we take with respect to your information consistent with our Privacy
Policy.

 

You are solely responsible for all activity that occurs under your account, even
if such activity is by unauthorized users. You must safeguard the
confidentiality of your password, and if you are using a device that others have
access to, log out of your account after each use to prevent unauthorized
access. If you become aware of an unauthorized access to your account, please
change your password immediately and notify us at support@ergatta.com.



Communications Preferences

By accessing the Services, creating an account, or submitting your email or
phone number to us, you consent to our or our authorized third party agents
contacting you for purposes of providing the Services, facilitating delivery or
return of products, marketing, technical, support, or any other reason related
to the Services, including by email, SMS, or telephone.



Intellectual Property Rights

The Services and their entire contents, features and functionality (including
but not limited to all information, software, text, displays, images, video and
audio, and the design, selection and arrangement thereof), are owned by the
Company, its licensors or other providers of such material and are protected by
United States and international copyright, trademark, patent, trade secret and
other intellectual property or proprietary rights laws.



These Terms of Use permit you to use the Services for your personal,
non-commercial use only. You must not reproduce, distribute, modify, create
derivative works of, publicly display, publicly perform, republish, download,
store or transmit any of the material on our Services. You must not access or
use for any commercial purposes any part of the Services or any services or
materials available through the Services.

The Ergatta Service may incorporate content owned and/or licensed by third
parties, including but not limited to video integrations on the Ergatta App.
Subject to your compliance with these Terms, Ergatta grants you a limited,
non-transferable, non-exclusive, revocable license to view such content for your
own personal, non-commercial purposes. You agree that you will not send,
transfer or export this content to any other country, nor use the content in any
way that is prohibited by applicable laws, restrictions or applicable
regulations.


If you wish to make any use of material on the Services other than that set out
in this section, please address your request to: support@ergatta.com.


If you print, copy, modify, download or otherwise use or provide any other
person with access to any part of the Services in breach of the Terms of Use,
your right to use the Services will cease immediately and you must, at our
option, return or destroy any copies of the materials you have made. No right,
title or interest in or to the Services or any content on the Services is
transferred to you, and all rights not expressly granted are reserved by the
Company. Any use of the Services not expressly permitted by these Terms of Use
is a breach of these Terms of Use and may violate copyright, trademark and other
laws.

Trademarks


The Company name, and all related names, logos, product and service names,
designs and slogans are trademarks of the Company or its affiliates or
licensors. You must not use such marks without the prior written permission of
the Company. All other names, logos, product and service names, designs and
slogans on the Services are the trademarks of their respective owners.

Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these
Terms of Use.

You agree not to use the Services:

– In any way that violates any applicable federal, state, local or international
law or regulation (including, without limitation, any laws regarding the export
of data or software to and from the US or other countries).

– For the purpose of exploiting, harming or attempting to exploit or harm minors
in any way by exposing them to inappropriate content, asking for personally
identifiable information or otherwise.

– To transmit, or procure the sending of, any advertising or promotional
material, including any “junk mail,” “chain letter,” “spam,” or any other
similar solicitation.

– To impersonate or attempt to impersonate the Company, a Company employee,
another user or any other person or entity (including, without limitation, by
using e-mail addresses associated with any of the foregoing).

– To engage in any other conduct that restricts or inhibits anyone’s use or
enjoyment of the Services, or which, as determined by us, may harm the Company
or users of the Services, or expose them to liability.

Additionally, you agree not to:

 Use the Services in any manner that could disable, overburden, damage, or
impair the site or interfere with any other party’s use of the Services,
including their ability to engage in real time activities through the Services.

– Use any robot, spider or other automatic device, process or means to access
the Services for any purpose, including monitoring or copying any of the
material on the Services.

– Use any manual process to monitor or copy any of the material on the Services,
or for any other purpose not expressly authorized in these Terms of Use, without
our prior written consent.

– Use any device, software or routine that interferes with the proper working of
the Services.

– Introduce any viruses, trojan horses, worms, logic bombs or other material
which is malicious or technologically harmful.

– Attempt to gain unauthorized access to, interfere with, damage or disrupt any
parts of the Services, the server on which the Services is stored, or any
server, computer or database connected to the Services.

– Attack the Services via a denial-of-service attack or a distributed
denial-of-service attack.

– Otherwise attempt to interfere with the proper working of the Services.


Reliance on Information Posted

The information presented on or through the Services is made available solely
for general information purposes. We do not warrant the accuracy, completeness
or usefulness of this information. Any reliance you place on such information is
strictly at your own risk. We disclaim all liability and responsibility arising
from any reliance placed on such materials by you or any other visitor to the
Services, or by anyone who may be informed of any of its contents.

 

All statements and/or opinions expressed in these materials, and all articles
and responses to questions and other content, other than the content published
solely by the Company, are solely the opinions and the responsibility of the
person or entity providing those materials. These materials do not necessarily
reflect the opinion of the Company. We are not responsible, or liable to you or
any third party, for the content or accuracy of any materials provided by any
third parties.



User Content

For purposes of these Terms, “Content” shall mean text, graphics, images, music,
software, audio, video, works of authorship of any kind, messages, tags, and
information, data or other materials that are posted, generated, provided, or
otherwise made available through the Services. “Your Content” shall mean any
Content that you post, upload, publish, submit, or transmit to be made available
through the Services, including content which is generated by us based on your
input. Content includes, without limitation, Your Content.



You agree that You, and not Ergatta, are solely responsible for Your Content,
whether publicly posted or privately transmitted through Ergatta’s Services, and
that other users of the Services, and not Ergatta, are responsible for their
Content. You represent that Your Content is accurate, complete, up-to-date, and
in compliance with all applicable laws, rules, and regulations. You acknowledge
that all Content, including Your Content, made available or accessed by you
using the Services is at your own risk and you will be solely responsible for
any damage or loss to you or any other party resulting therefrom. To the full
extent permitted by law, Ergatta makes no representations, warranties, or
guarantees with respect to any content that you access on or through the
Services, and Ergatta takes no responsibility and assumes no liability for any
Content or materials submitted or posted through the Services by you or any
third party. When you Make Available Your Content on or through the Services,
you represent that you own or have the right to use and make available Your
Content. You acknowledge that other users may search for, see, hear, and use any
of Your Content that you submit to any publicly available part of the Services
or transmit through any other content sharing feature of the Services. We
reserve the right to moderate (including without limitation remove) your Content
without restriction for any purpose. You understand and agree that no such
moderation will impose any liability on us for any reason.



As a condition of your use of the Services, you grant Ergatta a worldwide,
non-exclusive, perpetual, irrevocable, transferable, sub-licensable,
royalty-free license to access, use, reproduce, transmit, display, publish,
distribute, publicly perform, modify and adapt, and create derivative works from
Your Content for any purpose whatsoever without compensation to you. You hereby
waive any so-called “moral rights,” or rights of privacy or publicity in Your
Content.


By submitting Your Content to any publicly available area of the Services or
making Your Content available using any content sharing feature of the Services,
you hereby expressly permit Ergatta to identify you by your username as the
contributor of Your Content in any publication in any form, media, or technology
now known or later developed in connection with your Content.

 

User profiles
Your Account must contain your true and accurate information. You may not use
someone else’s name, picture, or any name, location, other public profile
information or image that violates any third party rights, is against the law,
or that is offensive, obscene or otherwise objectionable (in our sole
discretion) in your public profile or username.

 

Content Provided by Other Users

The Services may contain Content provided by other users (“User Content”).
Ergatta does not control and is not responsible for User Content. Ergatta is not
obligated to review or monitor, and does not make any representations or
warranties with respect to, User Content. You use and access all User Content
and interact with other users at your own risk.



Interactions with Other Users and Third Parties

You are solely responsible for your interactions with other Ergatta users and
any other third party. When interacting with other Ergatta users or third
parties, you should exercise caution and common sense to protect your personal
safety and property, just as you would when interacting with other people you do
not know. Your participation, correspondence, or personal or business dealings
with any Ergatta or third party found on or through the Services are solely
between you and such user(s) and/or third party(ies). You expressly agree that
Ergatta is not responsible or liable for any loss, damage, injury, or other
matters or any sort incurred as the result of such dealings or interactions.



Content Standards

You agree not to post, upload, publish, submit, or transmit any Content or
engage in any activity that:

Infringes, misappropriates, or violates a third party’s intellectual property,
privacy, or publicity rights;

Is, or promotes actions that are, threatening, abusive, harassing, unlawful, or
violent; 

Is offensive, profane, vulgar, obscene, or sexually explicit;

Is libelous, defamatory, fraudulent, deceptive, misleading, false, or tortious; 

Promotes racism, bigotry, or harm against any individual or group;

Harms or exploits minors; or

Violates or is prohibited by any law, or would give rise to civil or criminal
liability.


Feedback

Any and all (i) suggestions, feedback, reviews, or testimonials provided by you
to Ergatta about improving, modifying, updating, or adding new features or
products to the Services provided to us via any means of communication
(collectively, “Feedback”), and (ii) all changes, improvements, modifications,
updates, or enhancements relating to the Services (collectively, “Changes”), are
and will remain the sole and exclusive property of Ergatta. You hereby assign to
Ergatta and any all right, title, and interest, including, without limitation,
any patent, copyright, trademark, trade secret, know-how, moral rights, and any
other intellectual property rights, that you may have in, and to any and all,
Feedback and/or Changes. At Ergatta’s request, you will execute any document,
registration, or filing required to give effect to the foregoing assignment. You
expressly agree that any contribution of Feedback and/or Changes does not and
will not grant you any right, title, or interest in the Services or in any such
Feedback and/or Changes. Ergatta may use and disclose Feedback and/or Changes
for any purpose whatsoever, without any notice, compensation, or other
obligation to you, and without retention by you of any right or claim.



Disclaimer for Physical Activities

You should consult your doctor before engaging in any exercise program including
but not limited to the Services made available through the Ergatta App. We make
no representations or warranties that the App is intended to and/or does
diagnose, treat, cure, or prevent medical disorders or conditions, and you
hereby acknowledge this disclaimer and that we are not engaged in providing you
with a medical device, medical advice and/or healthcare services by providing
you with access to the Services. We are not responsible in any way for any
injuries or health problems, including, without limitation, incapacity or death,
which may result from use of the Services or any device used in connection with
the Services. 

 

Changes to the Services

We may update the content on the Services from time to time, but its content is
not necessarily complete or up-to-date. Any of the material on the Services may
be out of date at any given time, and we are under no obligation to update such
material, or include you in testing of or upgrades to that material.


Information About You and Your Visits to the Services

All information we collect on the Services is subject to our Privacy Policy. By
using the Services, you consent to all actions taken by us with respect to your
information in compliance with the Privacy Policy.

 

Online Purchases and Other Terms and Conditions

Ergatta processes orders for memberships to its application, Services, and
devices supplied by third parties via orders placed on ergatta.com or the
Ergatta App. Availability of certain products is not guaranteed. Product,
service and other information provided through the Services is subject to
corrections and changes without notice. All purchases through Ergatta websites
or other services, or information formed through the Services, or as a result of
visits made by you are governed by these Terms of Use. Additional terms and
conditions may also apply to specific portions, services or features of the
Services. All such additional terms and conditions are hereby incorporated by
this reference into these Terms of Use.


Unless we notify you otherwise prior to your purchase, you must pay for products
and Services when you place an order. The shipping address you provide will be
used to ship all products to you. 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), 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 to the email address you provided
after your payment has been processed. 

You acknowledge and agree that all information you provide with regards to a
purchase of Memberships or products, including, without limitation, credit card,
PayPal, or other payment information, is accurate, current and complete.



MEMBERSHIPS AND PAYMENT

Memberships

You must purchase a membership to the Ergatta App to enjoy the full benefits of
the Services.
You may pre-purchase your membership at time of check out, or purchase a
membership through the Ergatta touchscreen.

Billing Cycles and Auto-Renewal
You will be charged the stated membership fee and any applicable taxes and
service fees. Applicable taxes are calculated based on your billing address. To
request a change to your billing address or present an exemption certificate for
tax purposes, please contact support@ergatta.com or by calling us at
718-866-4935.

If we are unable to process your payment, your membership or certain features
may be cancelled pending resolution of the payment issue. To reactivate your
membership, please contact support@ergatta.com or by calling us at 718-866-4935.

Prepaid memberships require activation through the Ergatta touchscreen. You may
activate using the email address you used to purchase your order. If you wish to
change this email address, please contact support@ergatta.com or call us at
718-866-4935. At activation, you will be required to enter all account
registration email including your name, address, credit, debit, or charge
numbers, expiration dates, and any other payment information. If you do not set
up an Ergatta account through the touchscreen, you agree that your prepaid
memberships will automatically activate 60 days after your delivery date.
Ergatta will not retroactively reimburse or adjustment unused any time. At the
conclusion of a prepaid period, unless you cancel prior to renewal, prepaid
memberships will automatically renew at an annual basis the end of paid term
cycle. You may cancel or make changes to your membership by contacting our team
at support@ergatta.com or by calling us at 718-866-4935.

Pausing or Cancellation/Termination of Membership

By purchasing a membership to the Ergatta App, you agree that, upon expiration
of the initial paid membership term, your membership will automatically renew
for successive one month periods (or one year periods in the event of annual
membership) unless and until you cancel your membership. You authorize Ergatta
to charge the payment method you provided for the initial membership term and
any renewal terms until you cancel.

If you will be unable to use your membership for a short period of time, you can
pause your membership for up to three (3) months in a 12-month period by
reaching out to support@ergatta.com. For a monthly membership, your membership
will be paused at the end of the current billing period.  Your membership will
automatically restart at the end of the selected pause period, and you authorize
Ergatta to charge the payment method you provided at the end of the pause, and
for successive renewals terms. For an annual membership, your next billing date
will be extended by the length of the pause period.  You will not have access to
the Ergatta App during the pause period.

You may cancel or make changes to your membership by contacting our team at
support@ergatta.com or by calling us at 718-866-4935. If you cancel your
membership, we will stop billing you, and you will no longer have access to the
Ergatta App, at the end of the membership period in which you cancelled. Ergatta
reserves the right to modify membership fees effective upon the renewal of your
membership term upon notice to you.

PAYMENTS ARE NON-REFUNDABLE. THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED
MEMBERSHIP PERIODS.

If you do not cancel your membership by contacting our team, you reaffirm that
we are authorized to continue to charge for that membership. We may submit those
charges for payment, and you will be responsible for such charges. This does not
waive our right to seek payment directly from you.

Ergatta’s return policy can be found HERE.

Ergatta’s Limited Home Warranty can be found HERE. 

 

“Ergatta Community”

Ergatta is building a supportive, positive community of members, who may
interact with each other both online and in person. We expect each member to
treat others with respect. By using the Services, you agree to always behave
respectfully towards others in this community. If you do not act in accordance
with our community standards, we may pause or terminate your Account or your
participation in the community at our sole discretion.

 

Links from the Ergatta website

If the Services contain links to other sites and resources provided by third
parties, these links are provided for your convenience only. This includes links
contained in advertisements, including banner advertisements and sponsored
links. Certain Ergatta-branded merchandise may be provided by a third party
supplier linked to our Website. We have no control over the contents of those
sites or resources, and accept no responsibility for them or for any loss or
damage that may arise from your use of them. If you decide to access any of the
third party Services linked to the Services, you do so entirely at your own risk
and subject to the terms and conditions of use for such Services.


Geographic Restrictions

The owner of the Services is based in the State of New York in the United
States. We provide the Services for use only by persons located in the United
States. We make no claims that the Services or any of its content is accessible
or appropriate outside of the United States. Access to the Services may not be
legal by certain persons or in certain countries. If you access the Services
from outside the United States, you do so on your own initiative and are
responsible for compliance with local laws.


Mobile Message Service

The Ergatta mobile message service (the “Message Service”) is operated by
Ergatta to communicate via text message. Your use of the Service constitutes
your agreement to these terms and conditions for the Message Service (the
“Mobile Terms”). We may modify or cancel the Message 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.



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
and data rates may apply.



Text messages may be sent using an automatic telephone dialing system or other
technology. Your consent to receive autodialed marketing text messages is not
required as a condition of purchasing any goods or services. If you have opted
in, the Service provides transactional messages, such as updates, alerts, and
information (e.g., order updates, account alerts, etc.) and promotional
messages, such as promotions, specials, workout reminders, and other marketing
offers (e.g., cart reminders) from Ergatta via text messages through your
wireless provider to the mobile number you provided. Message frequency varies.
Text the single keyword command STOP to +1 (855) 201-7028 or click the
unsubscribe link in any text message to cancel at any time. You’ll receive a
one-time opt-out confirmation text message. If you have subscribed to other
Ergatta 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 (855) 201-7028 or
email support@ergatta.com.



We may change any short code 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 Message Service are not liable for
delayed or undelivered messages. You agree to provide us with a valid mobile
number that belongs to you. You agree to maintain accurate, complete, and
up-to-date information with us related to your receipt of messages. 

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 Message Service.


Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files
available for downloading from the internet or the Services will be free of
viruses or other destructive code. You are responsible for implementing
sufficient procedures and checkpoints to satisfy your particular requirements
for anti-virus protection and accuracy of data input and output, and for
maintaining a means external to our site for any reconstruction of any lost
data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED
DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT
MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY
MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED
THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON
ANY LINKS TO IT.

YOUR USE OF THE SERVICES, THEIR CONTENT AND ANY SERVICES OR PRODUCTS OBTAINED IN
CONNECTION WITH THE SERVICES (INCLUDING BUT NOT LIMITED TO ROWING EQUIPMENT AND
SCREENS) IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS
AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY
WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY,
RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING
THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY
REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT OR ANY SERVICES OR
PRODUCTS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR
UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT
MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE
SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE
MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

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

 

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS
AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR
DIRECTORS BE LIABLE FOR DAMAGES IN EXCESS OF THE GREATER OF $100 OR THE AMOUNT
PAID TO US BY YOU IN THE 12 MONTHS PERIOD PRIOR TO THE ACCRUAL OF THE CLAIM,
UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR
INABILITY TO USE, THE SERVICES, ANY SERVICES LINKED TO IT, ANY CONTENT ON THE
SERVICES OR SUCH OTHER SERVICES OR ANY SERVICES OR ITEMS ASSOCIATED WITH OR
OBTAINED THROUGH THE SERVICES OR SUCH OTHER SERVICES, INCLUDING ANY DIRECT,
INDIRECT, SPECIAL, 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.

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

 

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates,
licensors and service providers, and its and their respective officers,
directors, employees, contractors, agents, licensors, suppliers, successors and
assigns from and against any claims, liabilities, damages, judgments, awards,
losses, costs, expenses or fees (including reasonable attorneys’ fees) arising
out of or relating to your violation of these Terms of Use or your use of the
Services, or use of the Services other than as expressly authorized in these
Terms of Use, or your use of any information obtained from the Services.

 

Governing Law and Jurisdiction

All matters relating to the Services and these Terms of Use, and any dispute or
claim arising therefrom or related thereto (in each case, including
non-contractual disputes or claims), shall be governed by and construed in
accordance with the internal laws of the State of New York without giving effect
to any choice or conflict of law provision or rule (whether of the State of New
York or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms
of Use or the Services shall be instituted exclusively in the federal courts of
the United States or the courts of the State of New York, in each case located
in the City of New York and County of New York. You waive any and all objections
to the exercise of jurisdiction over you by such courts and to venue in such
courts.

 

Mandatory Arbitration & Jury Waiver

You and the Company agree to submit any disputes arising from these Terms of Use
or use of the Services, including disputes arising from or concerning their
interpretation, violation, invalidity, non-performance, or termination, to final
and binding arbitration under the Rules of Arbitration of the American
Arbitration Association applying New York law. Company will pay any filing fees
required for an arbitration it initiates. You agree that in the event the
Company elects to resolve any dispute through arbitration, that you agree such
dispute will be resolved solely by binding, individual arbitration and not in a
class, representative or consolidated action or proceeding of any kind. You and
the Company agree that the U.S. Federal Arbitration Act governs the
interpretation and enforcement of these Terms of Use. This arbitration provision
shall survive termination of these Terms.

 

Class Action Waiver

YOU AND ERGATTA AGREE THAT EITHER PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY
IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute
is resolved through arbitration, the arbitrator may not consolidate another
person’s claims with your claims and may not otherwise preside over any form of
a representative or class proceeding.

 

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE
TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE
CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY
BARRED.

 

Waiver and Severability

No waiver by the Company of any term or condition set forth in these Terms of
Use shall be deemed a further or continuing waiver of such term or condition or
a waiver of any other term or condition, and any failure of the Company to
assert a right or provision under these Terms of

Use shall not constitute a waiver of such right or provision. If any provision
of these Terms of Use is held by a court or other tribunal of competent
jurisdiction to be invalid, illegal or unenforceable for any reason, such
provision shall be eliminated or limited to the minimum extent such that the
remaining provisions of the Terms of Use will continue in full force and effect.

 

Force Majeure

Neither Party shall be liable for any failure or delay in performance under
these terms (other than for delay in the payment of money due and payable in
accordance with these terms) for causes beyond the party’s reasonable control
and not caused by that party’s fault, or negligence, including, but not limited
to, acts of God, acts of government, flood, fire, civil unrest, acts of terror,
strikes or other labor problems, computer attacks or malicious acts, such as
attacks on or through the Internet, any internet service provider,
telecommunications or hosting facility, but in each case, only if and to the
extent that the non-performing Party is without fault in causing such failure or
delay, and the failure or delay could not have been prevented by reasonable
precautions and measures and cannot reasonably be circumvented by the
non-conforming Party through the use of alternate sources, workaround plans,
disaster recovery, business continuity measures or other means. Dates by which
performance obligations are scheduled to be met will be extended for a period of
time equal to the time lost due to any delay so caused.

 

Entire Agreement

The Terms of Use, our Privacy Policy, and Terms of Sale constitute the sole and
entire agreement between you and Ergatta, Inc. with respect to the Services and
supersede all prior and contemporaneous understandings, agreements,
representations and warranties, both written and oral, with respect to the
Services.


Your Comments and Concerns


The Services are operated by Ergatta, Inc., 115 West 27th Street, Floor 7, New
York, New York 10010. All legal notices must be sent in writing to this address
to the attention of the Legal Department, with a copy via email to
legal@ergatta.com


All notices of copyright infringement claims should be sent to
copyright@ergatta.com in the manner and by the means set forth therein.


All other feedback, comments, requests for technical support and other
communications relating to the Services should be directed to:
support@ergatta.com.


 * CONTACT US
 * TERMS OF USE
 * WARRANTY
 * RETURN POLICY
 * PRIVACY POLICY
 * COOKIE POLICY
 * ACCESSIBILITY STATEMENT
 * FILE A WARRANTY CLAIM

 * FINANCING
 * FAQS
 * BLOG
 * REFER A FRIEND
 * SCHEDULE A DEMO
 * ABOUT US
 * CAREERS
 * GALLERY

 * THE ERGATTA ROWER
 * THE WORKOUT EXPERIENCE
 * ALREADY OWN A CONCEPT2?
 * ALREADY OWN A WATERROWER?
 * APPAREL & ACCESSORIES
 * GIFTING & BULK ORDERS
 * GALLERY
 * ORDER PURIFICATION TABLETS

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Customer photos & videos

305



Verified by Judge.me
Product Reviews (1433)Shop Reviews (7)
Most Recent Highest Rating Lowest Rating Only Pictures Pictures First Videos
First Most Helpful
The Ergatta Rower
5 days ago

Mary N.


Dream Machine

I enjoy this rowing machine so much. I love the open row the most. Love looking
at the different locations around the world while I am rowing. Very cool! The
classes are helpful and fun. I’m a big fan of this rower and the Ergatta
training videos and classes. The subscription is worth every penny!

Read more



Ergatta Lite
6 days ago

Mark S.


Great workouts

I've owned my Ergatta Lite for two months now and I'm really enjoying the
variety of programs. I like the meteor, scenic and live races. It can be as
relaxing or as intense as you want. As for the build, I was concerned about
screen rattling based on other reviews but its not an issue, maybe a slight
rattle during high intensity sessions but it never bothers me. Setting up and
down is also a breeze.

Read more



The Ergatta Rower
1 week ago

Jimjames


I love my Ergatta upgrade!

Recently upgraded my Concept 2 RowERG with the Ergatta screen upgrade package.
After signing up to the subscription/membership, I was immediately hooked on
keeping my daily, weekly and monthly streaks going. Some days feeling weak and
unmotivated I’d be able to drag myself to work out simply because I didn’t want
to lose my streak. The games and programs are fun and engaging. Very happy with
my purchase.

Read more



The Ergatta Rower
2 weeks ago

David


Great Machine!!!

We love the games! They push me way more than I would go without the games. As
you can see, we can also fit it in between all the pet stuff!

Read more


The Ergatta Rower
2 weeks ago

Christina E.


Loved it so much I bought 3

What started with my husband thinking a rower would be a great low impact full
body exercise turned into wanting one for myself. We wanted to compete and
thought it would be a blast. My kids saw us doing it so we got one for them too
so we can all compete.

All machinery is only as good as you using it, but I have loved the community
and engagement that Ergatta brings to this rower. It’s always our choice to get
on it, but Ergatta can keep you engaged when you are ready!

Read more



123





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