Terms of Service

Legal Mumbo Jumbo

Terms of Service

These Terms of Service (“Terms“) govern your access to and use of the services and Daily Training Session’s websites (the “Services“), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content“). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing, and clicking that you accept our legal mumbo jumbo or using the Services you agree to be bound by these Terms and that you have read and understand our Privacy Policy.

Daily Training Session (DTS) is a subsidiary of Fettle Inc., and herein, any mention of Daily Training Session or DTS also implies any companies, or organizations included under the Fettle Inc. company banner or umbrella. Where you read Daily Training Session or DTS mentioned in the remainder of these Terms, the same application is given to and implied of the parent company, Fettle Inc.

There are two classes of user in the system, that of a “Member” and that of a “Paid Member,” each of whom is granted different levels of access to our Services and may be subject to stipulation below. Where there is overlap in their access they will both be referred to as "users."

Medical Disclaimer

A necessary component of any product providing exercise recommendations. We need to make your aware of the risks.

The material and information provided by DTS is for educational and informational purposes only and is not delivered or intended to be medical advice. All users (Members and Paid Members) should be advised that there is an inherent risk assumed by any participant in a physical activity program.  With that in mind, those participating in an exercise program should check with their physician prior to utilizing any of the daily training sessions (workouts) provided by the DTS email service and web application.

Anyone participating in the physical training activities provided by Daily Training Session, should understand that such training initiatives or practices may be physically dangerous if performed incorrectly. Fettle Inc. and any fitness program creators assume no liability for injury; this is purely an educational service provided to guide you daily towards regular activity and better physical aptitude.

The information contained in any of the emails or on any part of this website should not be used to diagnose or treat any illness, injury, disease, or health problem. If you have developed a serious illness, injury or health problem of some kind, the complexities of dealing with that problem are best handled by a qualified healthcare professional. Particularly a medical doctor or physical therapist.

Use of the programs, advice, and other information contained in any emails or on any part of this website is at the sole choice and risk of the reader. Fettle Inc. and any program creators HIGHLY recommend that you seek out additional assistance from a qualified coach in your area for additional assistance. At the very least, reach out to a coach online with some video of yourself to make sure you are utilizing the concepts contained in this book to their maximum effectiveness.

TIP: Please folks, an email service/web app can only go so far in teaching you the skills you need to be proficient with exercise. Know that we obviously can not be there looking over your shoulder, to assure you that your technique is of high quality. Please use your common sense and best judgement if in doubt.

Basic Terms

You are responsible for your use of our Services, for any Content you post to the Services, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the Services and potentially through third party services that scrape DTS such as Google Search. You should only provide Content that you are comfortable sharing with others under these Terms, where applicable.

TIP: What Members and Paid Members say and do on DTS is viewable by us, other users and third parties like Google Search.

You may use the Services only if you can form a binding contract with Daily Training Session and are not a person barred from receiving services under the laws of Canada or other applicable jurisdictions. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

The Services that DTS provides are constantly evolving and the form and nature of the Services that DTS provides may change from time to time without prior notice to you. In addition, DTS may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to change prices, functionality, limits on use and storage at our sole discretion at any time without prior notice to you.

TIP: We will periodically eliminate Members from our newsletter who do not routinely participate. This helps us keep costs down and prioritizes our most active and Paid Members.

These Services in the future will include advertising/sponsorship as a way to supplement the costs of delivering the free daily service we provide. The types and extent of advertising or sponsorship by DTS on the Services are subject to change. In consideration for DTS granting you access to and use of our Services, you agree that DTS and its third party providers and partners may in future place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others. The effectiveness of that advertising/sponsorship will be monitored by third party applications and what they do with that information could be out of our control.

TIP: We will support the free version of DTS with paid sponsorships. We will do our best to keep any personally identifiable information we possess out of that sponsorship, but can't make any guarantees that third party integrations won't have more robust data gathering.

We don't want DTS to be anything like Google and sponsorships will go towards broad demographics that tie into our fitness theme.

Privacy

Any information that you provide to DTS is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to Canada and/or other countries for storage, processing and use by DTS. As part of providing you Services, both our third party providers, partners and DTS may need to provide you with certain communications, such as service or program announcements and administrative messages. These communications are considered part of the Services and your DTS account, which you may not be able to opt-out from receiving.

TIP: You will be able to opt-out of our newsletter as per law, simply click the unsubscribe button at the bottom of any email. You can also cancel paid memberships at any time.

Passwords

TIP: Currently we don't require any passwords thanks to an advanced passwordless system. However, this may be subject to change in the future.

If we ever switch to a password-based system, you will be responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with all of your web-based accounts, not just for any future DTS password system. We strongly recommend the use of a password manager such as 1Password, LastPass or Dashlane. DTS cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

Content on the Services

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will DTS be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss, injury or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.

Note: This includes any advertising or sponsorships. We do our best to vet advertising/sponsorships to make sure it jives with our audience.

We do however encourage you to connect with darren@dailytrainingsession.com, if you would like to file a complaint against someone you feel is infringing on your Content rights, or who is posting Content that you deem offensive, harmful, inaccurate, mislabeled, deceptive or otherwise inappropriate. That also includes any complaints towards advertising partners or sponsors.

DTS reserves the right to address these situations on a case by case basis and every effort will be made to ensure high quality Services are being provided to you the users.

DTS also reserves the right to remove access from our Services either permanently or temporarily as the result of any complaints filed against you, particularly those where there is a clear violation of these terms and/or our privacy policy.

TIP: We can't guarantee that there will never be content on this site that might personally offend you. However, we appreciate feedback on all of the content, including from users, sponsors and other third parties and will address any offensive content on a case-by-case basis.

Your Rights

You retain your rights to any Content you submit, post or display on or through our Services.

By submitting, posting or displaying Content on or through any of our Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sub-license) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).

TIP: This license is you authorizing us to make available any information you've shared on our platform for any of cour business purposes. You can delete your Content at any time though.

Users:

DTS will not be held liable in any way for any Content shared by us or third parties, particularly by anything outside of our Services. We simply cannot control information from third-parties.

We encourage you to do your due-diligence in researching or signing up for advertised or sponsored content distributed on DTS and report any suspicious behavior to darren@dailytrainingsession.com.

We will aim to obtain written permission from you before publicly revealing outside of our Services, any information that would personally identify you, but reserve the right to publicly broadcast anonymous information outside of our Services.

Anonymous information, is information that cannot personally identify you to others outside the system but can include general data from within your programs that can be collected and put to use for the enhancement of our product.

For example, we may wish to convey to potential sponsors demographic data such as: the number of users subscribed, the average length users subscribe to our system, the consistency of which all of our users open their emails or how consistently ads and sponsorships are clicked, other forms of aggregate user engagement, and other anonymous general data that may be used advantageously to enhance or promote our Services.

We can and will use anonymous Content in our marketing, social media, interviews, advertising, media content, blogs, case studies, testimonials and any other promotional vehicles.

We will actively gain written permission from you if we wish to use your personally identifiable Content in any of our marketing, social media, interviews, advertising, media content, blogs, case studies, testimonials or any other promotional vehicles.

We also actively encourage you to gain written permission from any of our other Users before you publicly share any Content they have made available to you. Your coaches or other users may own that Content, and some of it may be subject to copyright law.

If you believe us or other users in the system to be in violation of this policy, or would like to file a grievance in any other way, please contact us at darren@dailytrainingsession.com.

TIP: This license is you authorizing us to make your Content available via written permission only if it is personally identifiable. It permits us to enhance our Services for your betterment using any anonymous data we collect.

You agree that this license includes the right for DTS to make such Content available to other companies, organizations or individuals who partner with or pay DTS for the syndication, broadcast, distribution or publication of such Content on other media and Services, subject to these terms of service for such content use.

These additional uses by DTS, or other companies, organizations or individuals who partner or pay DTS or you, the user, within the system, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.

Presently, you understand that DTS is in no way responsible for billing, invoicing, charging or otherwise getting monetary compensation for the use of your Content by other users, organizations, or companies within the Services. You are responsible presently for charging, billing, invoices and otherwise collecting monetary gain from the use of your Content.

TIP: This essentially enables us to allow you to provide Content to others for free, but frees us of the responsibility to be financially responsible for the use of your Content. Making money off of your content is your responsibility. Not that you should be submitting any content on DTS that you feel you can profit from.

In certain instances we may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.

TIP: This enables us to move and deliver your Content across multiple devices. For instance we may need to modify your content to fit certain screen sizes, or make it accessible to mobile devices. We also need to move the Content from our hosted servers to users at different locations via the Internet.

You are ultimately responsible for your use of the Services, for any Content you provide and for any consequences thereof, including the use of your Content by other users and any third party partners. You understand that your Content, may be re-broadcasted by us, our partners, and our users. If you do not have the right to submit Content for such use, it may be subject to your liability.

DTS will not be responsible or liable for any use of your Content by DTS in accordance to these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit. DTS strongly recommends that you create your own terms and services agreements that require a digital signature from others who may have access to your Content.

DTS gives you personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by DTS as part of the Services. This license has the sole purpose of enabling you to use and enjoy the benefits of the Services provided by DTS, in the manner permitted by these Terms.

TIP: You can share our content and we encourage you to. You just can't try to pass it off as your own and you should share links back to our software as it exists.

Daily Training Session Rights

All rights, title and interest in and pertaining to the Services (excluding Content provided by users as indicated above) are and will remain the exclusive property of DTS and any future licensors. The Services are protected by copyright, and are subject to other laws of both Canada and foreign countries. There are certain instances where Services are also possibly protected by trademark or patent, which may be pending.

Nothing in the Terms gives you the right to misrepresent the DTS name, any of the DTS trademarks, logos, domain names, affiliated businesses or other distinctive brand features outside of the Services.

You are permitted to use only the DTS name, domain services (as part of our Services) and logo in your marketing and promotional initiatives whereby it positively promotes or markets your own services or DTS Services. DTS reserves the right to deem what accurately and positively represents the DTS name, logo, and domain services. Any Users found to be in misrepresentation of these Terms will be asked to remove such marketing or promotional material immediately before any potential legal dispute.

For example, you're a sponsor and wish to use the DTS logo on your sponsorship or sales page to promote the partnership. Or perhaps you are a super fan and wish to help promote DTS on your own website to others.

TIP: This enables you to use the DTS name, logo and any domains we provide you with (as part of our Services) as promotional or marketing material so long as it supports our brand.

Any feedback, comments, forum activity, support activity or suggestions you may provide regarding DTS or the Services is entirely voluntary and we will be free to use such feedback, comments, forum activity, support activity or suggestions as we see fit and without any obligation to you.

Restrictions on Content and Use of Services

We reserve the right at all times (but will not have an obligation to) to remove or refuse to distribute any Content on the Services and to terminate Users or reclaim usernames. Please review these terms further to better understand what is prohibited within the Services.

We also reserve the right to access, read, preserve and disclose any information we reasonably believe is necessary to (i) satisfy any applicable law, legal process, regulation or other governmental request, (ii) enforce the Terms, including the investigation(s) of potential violations, (iii) detect, prevent, or otherwise address fraud, security or other technical issues, (iv) respond to user support requests or reported grievances (v) protect the rights, property or safety of DTS, its users and the public.

TIP: Once again, DTS does not disclose personally identifying information to third parties except in the accordance with these Terms and our Privacy Policy. We may only publish personally identifying information with your written consent, for example, in the use of a ‘Case Study’ on our blog.

You may not do any of the following while accessing or using the Services:

  1. Tamper with, access or use non-public areas of the Services, DTS’s computer systems, or the technical delivery systems of DTS’s providers, partners or users.
  2. Scan, test or prove for vulnerability of any system or network or breach or circumvent any security or authentication measures
  3. Search, access, or attempt search or access the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by DTS via our Services and in accordance with these Terms. The only exception is a separate written agreement with DTS that dictates otherwise (NOTE: crawling our Services is permissible if done in accordance with these Terms for example with the tools we provide you with as part of the Services. For example, a provided Search Box)
  4. Force any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send deceptive, malicious, altered or false source-identifying information
  5. Interfere with, or disrupt (or attempt to disrupt or interfere with), the access of a user, host or network, including but not limited to, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in a way that would interfere with or create an inappropriate burden on the Services. Excluding where the Services provide Coaches with deliberate options to alter access of another user.

Daily Training Session Rules

Our aim is to provide Services that allow all Users to share, discover and receive Content from us and the occasional pieces of Content from sources that may be of interest or benefit to you, and are referenced accordingly. We respect the ownership of the Content that Users share or use, and each user is responsible for the Content they provide the Services. Due to these basic principles, we do not actively monitor user Content and will not censor user Content, except in the limited circumstances described in the following sections on Content Boundaries or Spam and Abuse.

Content Boundaries and Use of Daily Training Session

In order to provide you with the optimal DTS experience, users will all need the ability to communicate and stay connected with each other, under certain circumstances. Currently there is no way to do this, but they may be in future. That being said, there are some obvious limitations we are implementing to comply with legal requirements and make DTS the best experience possible. We may need to change these rules as new challenges present themselves and we reserve the right to do so, at any time, without prior notice. Please check back to the terms frequently to see the latest:

For example: You cannot impersonate a famous person for personal gain.

For example: You cannot assume the name of a famous organization or person if they desire that user-name within our Services and they are entitled to it by law.

Spam and Abuse

DTS aims to protect all of our users from spam and any abuse. Technical abuse and user abuse is not tolerated on dailytrainingsession.com, and will result in permanent suspension. Any accounts engaging in the activities specified below are also subject to permanent suspension:

– the number of accounts you’ve created

– creating accounts for the purpose of preventing others from simply using those account names

– creating accounts for the purpose of selling those accounts

– using feeds of third-party content to update and maintain accounts under the names of those third parties

– if we receive more than one complaint from another user that you have sent the same link or same piece of Content on a repeated basis that could deliberately impact other User's experiences on our platform

– if you post large amounts of Content mostly consisting of external links.

– you have a number of spam complaints filed against you

– you post duplicate content over multiple accounts or multiple duplicate updates on one account that are outside the necessary means of our Services

Your account may be suspended for violating these Terms if any of the above is true. Please contact us for more help in determining what may or may not be in violation of these terms at darren@dailytrainingsession.com. Accounts created to replace any suspended accounts will also be suspended. Accounts engaging in any of these behaviors will be investigated for abuse. DTS reserves the right to terminate your account without notice, in the event that, in its judgement, you violate any of these Terms listed.

DTS aims to respect the intellectual property rights of others and expects all users of the Services to do the same. Where applicable, users should appropriately quote their sources of information used within their Content to prevent any misleading representation(s). We can and will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please notify darren@dailytrainingsession.com and provide us with the following information:

We reserve the right to remove any Content alleged to be infringing without prior notice and at our sole discretion. When appropriate, DTS may also terminate a user’s account if the user is determined to be a repeat infringer, at our sole discretion.

After your initial contact via email, you may be asked to further submit written documentation to a physical address provided to you.

The Services and Content may contain links to third-party website or external resources that have no affiliation with DTS. You acknowledge and agree that we are not responsible or liable for:

Links to such websites or external resources do not imply any endorsement from DTS. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or external resources.

Services are Available “AS-IS”

Access to and use of the Services or any Content accessible to you is at your own risk. You understand and agree that the Services provided to you are done “AS IS” and “AS AVAILABLE.” Without limiting the foregoing, DTS AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. We can make no warranty of and must disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content therein. DTS will not be held responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content. You also agree that DTS has no responsibility or liability for the deletion of, or the failure to accurately store or transmit, any Content and other communications managed or maintained by the Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written obtained from DTS (or it’s parent company) or through the Services, will create any warranty not expressly made herein.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DTS, AND ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  1. YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES
  2. ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES
  3. ANY CONTENT OBTAINED FROM THE SERVICES
  4. UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TOR (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT DTS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE

Exclusions

Some jurisdictions do not, or may not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Waiver and Severability

The failure of DTS to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the Province of British Columbia and the country of Canada, without regard to or application of its conflict of law provisions or your state, province or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in Vancouver, British Columbia, Canada, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If you accept these Terms on behalf of a Canadian federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these Terms and any action related thereto will be governed according to the laws of Canada, and in the absence of federal law, to the extent permitted under federal law, and the laws of British Columbia.

Entire Agreement

These Terms, and the DTS Privacy Policy are the entire and exclusive agreement between DTS and you regarding the use of Services (excluding any services for which you have a separate agreement with DTS that is explicitly in addition or in place of these Terms), and that these Terms supersede or replace any prior agreements with Twitter and you regarding our Services. Other than members of the group of companies of which DTS is a member (Fettle Inc.), no other person or company will be a third party beneficiary to the Terms.

We may revise these Terms from time to time, the most current version is always available at www.dailytrainingsession.com/tos. By continuing to access or use the Services after any revisions become effective is to effectively agree and be bound to the new revised Terms.

These Services are operated and provided by Fettle Inc., 305-718 Main St., Vancouver, BC, Canada V6A 0B1. If you have any more questions about these Terms, please feel free to contact us at darren@dailytrainingsession.com.

Effective: April 01, 2020

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