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.giboardus.com 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, 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.
The name Gibbon and the Gibbon logo are registered trademarks of Sports ID GmbH. The name GiBoard and the GiBoard logo are registered trademarks of Sports ID GmbH. They are protected by law. All trademarks, copyrights, logos, and symbols constitute the intellectual property of ElliptiGO or Sports ID GmbH 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. These sites are independent from 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.
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. 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. Your credit card or PayPal account will be billed upon shipment of your order.
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. 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.
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 are confident that you will love your GiBoard. If you make your purchase directly from the giboardus.com website, 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). Refunds will be processed within 7 business days of receipt of the returned item. 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. Just contact us at firstname.lastname@example.org 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.
We cannot guarantee when an order will arrive. Consider any shipping or transit time offered to you by GiBoard US 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.
Products sold through this website are intended to be used in the United States. GiBoard US assumes no responsibility for supporting GiBoard products outside of the United States or for product damage from shipping or handling that takes place after the initial delivery of the product to the customer. If you have any questions about this policy, please contact us at: email@example.com or 800.209.1368 prior to completing your purchase.
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 giboardus.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.
ElliptiGO is committed to maintaining a website that is accessible to the broadest audience possible, regardless of ability. We are doing our best to ensure that our website is designed, developed and maintained in compliance with the Web Content Accessibility Guidelines version 2.0. Exceptions are made where compliance is not possible or would require extraordinary measures. If you are unable to access a given document, please email firstname.lastname@example.org or call 858.437.9799 to request the document in a format that is accessible to you.
Web Browsers and Screen Readers
ElliptiGO recommends using the following web browser / screen reader combinations for an optimized experience:
- For Windows users: JAWS and Internet Explorer or NVDA and Firefox
- For Mac users: VoiceOver and Safari or VoiceOver and Chrome
- For mobile users: VoiceOver for the iPhone and TalkBack for Android devices
PDF Documents on this Site
This web site contains links to PDF documents that may require the most current version of Adobe Reader to view. The Adobe Acrobat Reader may already be installed on your computer. To find out, click on the link for the document you are interested in. If the Adobe Acrobat Reader is properly installed on your computer, the Reader will either download or automatically open a PDF copy of the document. If the Adobe Acrobat Reader is not installed on your computer, it can be found, free of charge, at the Adobe Acrobat Reader download page. If you are using a screen reader, you may find it will not read some documents in PDF format. Adobe provides a web site that will convert non-accessible PDF files to a format that is useable with a screen reader. The Adobe Access site is located at access.adobe.com, and the tool can also be added to your computer as a “plug-in.”
GiBoard US and ElliptiGO make use of various third-party websites such as Facebook, Instagram, Twitter and YouTube. These websites are used to disseminate news and information about GiBoard US and its products. These third-party websites may maintain their own accessibility policies. Please check those websites for further information.
ElliptiGO realizes that user input and feedback is an important part of ensuring our website is accessible. If you encounter any accessibility issues with this website or any content herein please email us at email@example.com or call us at 858.437.9799.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
- User Opt-In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method, you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies.
- User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that GiBoard US and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
- Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of digital and physical products, services. Messages may include checkout reminders.
- Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
- Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at firstname.lastname@example.org. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
- MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
- Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.
- Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
- Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
- Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
- Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Solana Beach, CA before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which GiBoard US Products’ principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration.
THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
- State Law:
Florida: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.
Washington: To the extent the law is relevant and applicable to the Program, we endeavor to comply with the commercial telephone solicitation requirements pursuant to the Revised Code of Washington (RCW) (including but not limited to sections 80.36.390, 19.158.040, 19.158.110 and 19.158) as applicable to Washington residents. For purposes of compliance, you agree that we may assume that you are a Washington resident if, at the time of opt-in to the Program, the area code for the phone number used to opt-into the Program is a Washington area code.
Oklahoma: We endeavor to comply with the Oklahoma Telephone Solicitation Act of 2022 as applicable to Oklahoma residents. For purposes of compliance, you agree that we may assume that you are an Oklahoma resident if, at the time of opt-in to Program, the area code for the phone number used to opt-into the Program is an Oklahoma area code. You agree that the requirements of the Oklahoma Telephone Solicitation Act do not apply to you, and you shall not assert that you are an Oklahoma resident, if you do not meet the criteria or, in the alternative, do not affirmatively advise us in writing that you are an Oklahoma resident by sending written notice to Us. Insofar as you are an Oklahoma resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Oklahoma Statutes Title 15 (including but not limited to sections 775C.1, 775C.2, 775C.3, 775C.4 and 775C.5), to the extent the law is otherwise relevant and applicable.
- Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.