Prior to using the Daily Spot Service, it is important for you to know and understand that by using the Service, you are agreeing to accept certain liability limitations and legal and health disclaimers. As we will further explain throughout this Agreement, your use of the Service is at your own risk, and we do not assume any liability, or make any warranties of any kind, express or implied, with respect to the Service or your use of the Service or your interaction with any Experts (as defined below) or third parties.
YOU MUST CONSULT A PHYSICIAN BEFORE BEGINNING ANY NEW EXERCISE OR NUTRITIONAL PROGRAM. YOU SHOULD NOT USE DAILY SPOT IF YOU HAVE ANY PRE-EXISTING MEDICAL CONDITIONS WHICH COULD BE MADE WORSE. YOU AGREE TO IMMEDIATELY CEASE USE OF DAILY SPOT IF YOU EXPERIENCE ANY ABNORMAL PAIN OR DISCOMFORT. IF YOU ARE IN THE UNITED STATES AND THINK YOU ARE HAVING A MEDICAL OR HEALTH EMERGENCY, CALL YOUR HEALTH CARE PROFESSIONAL, OR 911 (OR, FOR THOSE OUTSIDE THE U.S., YOUR LOCAL EMERGENCY SERVICES), IMMEDIATELY.
DAILY SPOT ALLOWS EXPERTS IN THE HEALTH, FITNESS, NUTRITION, COACHING, AND OTHER FIELDS (COLLECTIVELY, "EXPERTS") TO POST INFORMATION TO THE SERVICE FOR DOWNLOAD AND ACCESS BY MEMBERS (THE "EXPERT CONTENT"). THE EXPERT CONTENT IS PROVIDED SOLELY FOR INFORMATIONAL PURPOSES BY THE EXPERTS AND IS NOT PROVIDED BY, OR REVIEWED FOR ACCURACY BY, DAILY SPOT. NOTHING STATED OR POSTED ON THE DAILY SPOT SITE OR AVAILABLE THROUGH ANY DAILY SPOT SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL, THERAPEUTIC OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF SUCH CARE INCLUDES WITHOUT LIMITATION PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, KINESIOLOGY, OR PROVIDING HEALTH OR NUTRITIONAL CARE, TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. YOU SHOULD NOT RELY ON ANY INFORMATION ON THE DAILY SPOT SERVICE AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.
YOU AGREE THAT YOU WILL USE DAILY SPOT AND INTERACT WITH EXPERTS OR THIRD PARTIES AFFILIATED WITH DAILY SPOT AT YOUR OWN SOLE RISK.
By using the Service, you consent to receiving this Agreement in electronic form. We urge you to print and/or save a copy of this document. To withdraw this consent, you must cease using the Service and terminate your account. Your continued use of the Service following Daily Spot’s posting of revised terms of any section of the Agreement will constitute your acceptance of and consent to the revised agreement.
This Agreement may be modified by Daily Spot at any time and will be effective upon notification to you. You will be notified of such modification by either an email message or through an alert inside the Service. If you do not agree to the modified Agreement, you must immediately discontinue use of the Service.
1. Who May Use the Daily Spot Service
You represent and warrant that (i) you are at least 18 years of age (or, if you are not at least 18 years of age, that you are between 15 and 17 years of age, have your parents' or guardians' permission to use the Service, and your parent or guardian has read and agrees to this Agreement on your behalf); (ii) all registration information you submit is complete, accurate and truthful; and (iii) you will maintain the completeness, accuracy, and truthfulness of such information. You also certify that you are legally permitted to use and access the Service and take full responsibility for the selection, use of, and access to the Service,
If you are the parent or guardian or a child younger than 18 who is using the Service without your express consent, please contact us immediately at firstname.lastname@example.org so we can disable his or her access
2. General Disclaimers
Daily Spot provides the Daily Spot Service on an "AS IS," "WHERE IS," and "AS AVAILABLE" basis. You therefore use the Service at your own sole risk.
Daily Spot provides the Services with no warranties of any kind, whether express or implied, including (but not limited to) the implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, availability, and any other warranty that might arise under any law. Without limiting the foregoing, Daily Spot makes no representations or warranties:
Daily Spot reserves the right to modify its Service. You are responsible for providing your own access (e.g., computer, mobile device, etc.) to the Service. Daily Spot has no obligation to screen or monitor any content, including Expert Content, or any interactions between you and any Expert, and does not guarantee that any content made available on the Service complies with this Agreement or is suitable for all users. Daily Spot shall not be responsible for loss or corruption of data, and hereby waives all claims with respect to damage to your computer system, internet access, download or display device.
To the extent that a secondary party may have access to or view Daily Spot content on your computer or mobile device, you are solely responsible for informing such party of all provisions, terms, disclaimers and warnings in this Agreement.
To the extent a court of competent jurisdiction determines that any disclaimer or limitation of liability in this Agreement does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Service, and no warranties shall apply after such period.
3. Your Representations and Warranties as a Member
In becoming a Member of the Service, you affirm that either (A) all of the following statements are true: (i) neither a physician has ever informed you that you have a heart condition nor that you should only do physical activities recommended by a physician; (ii) you have never felt chest pain when engaging in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past several months; (iv) you have never lost your balance because of dizziness and you have never lost consciousness; (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (vi) your physician is not currently prescribing drugs for your blood pressure or heart condition; (vii) you do not have a history of high blood pressure, and no one in your family has a history of high blood pressure or heart problems; and (viii) you do not know of any other reason you should not exercise; or (B) your physician has specifically approved of your use of the Service after reviewing the Service and your proposed use thereof.
If applicable, you further affirm that (A) you are not pregnant or (B) your physician has specifically approved your use of the Service despite your pregnancy.
You further represent and warrant that, should any of these statements become untrue, you will immediately cease use of the Service.
4. Limitation of Liability
To the fullest extent permitted by law: (i) in no event shall Daily Spot, nor its shareholders, officers, directors, employees, contractors, or affiliates (collectively, "Affiliates") be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages including but not limited to damages for personal injury, death, loss of livelihood, loss of enjoyment, pain and suffering, emotional distress, loss of profits, loss of future earnings, goodwill, use, and/or any other damages or other intangible losses to the extent such liability relates to your use of the Service or your interaction with, or reliance on information provided by, Experts; and (ii) the total liability for Daily Spot and its affiliates shall not exceed the amounts paid by you to Daily Spot over the twelve (12) months preceding your claim(s).
5. Email Communication
6. Membership Provisions
REGISTRATION: To utilize all of the features of the Service, you must register as a Member by providing an email, password, and valid credit card information. You must provide complete and accurate registration information to Daily Spot and notify us if your information changes.
USER NAME: You may not use someone else's name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.
NON-COMMERCIAL USE: Use of the Site and Service is for personal use only. Members may not use the Service in connection with any commercial endeavors. Users of the Site may not use any information obtained from the Service to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent..
Daily Spot may investigate and take any available legal action in response to illegal and/or unauthorized commercial use of the Site or the Service.
ACCOUNT SECURITY: You agree to keep your account login credentials confidential and further agree to be solely responsible for any use of your Member account. If you become aware of any unauthorized access to your account, you must change your password and notify us immediately at support@DailySpot.co.
Auto billing; Subscription Fees; Free Trial Terms. The Service is a paid, auto-renewing subscription service. If you purchase a subscription (the "Subscription"), you are agreeing to automatic (recurring) billing at the then-current rate, and agree to pay the charges made to your account in connection therewith. Your Subscription, and monthly billing of your account, will continue indefinitely until cancelled by you.
Your Daily Spot membership begins after you submit your personal and payment information and subscribe. You will begin to be billed automatically on the same day of the following month until you cancel your Subscription. Once we begin to bill you, cancellations take effect starting at the end of your current billing period, meaning there are no partial month refunds or credits.
Free Trial. Daily Spot may, in its discretion and from time-to-time, offer a free trial of the Subscription. In such a case, you will be required to enter your credit card information but it will not be charged until the free trial period has expired. Upon the expiration of the trial period, your credit card will be automatically charged the then-current rate for the Subscription unless you cancel your Member account prior to the end of the free trial period.
HOW TO CANCEL
If you do not wish for your account to renew automatically, or if you want to change or terminate your subscription (including any free trial), you must cancel by accessing https://support.apple.com/en-us/HT202039 from your phone or mobile device and following the instructions. Your cancellation will take effect starting during your next billing period.
If you have a monthly subscription that began on the first of the month and you cancel mid-month, your cancellation will take effect as of the beginning of the following month. Sorry-- there are no refunds on Daily Spot subscriptions for billing periods that have already lapsed.
Authorization. When you sign up for our Service and provide a payment method to Daily Spot, you are granting your express consent and are expressly authorizing us (and our designated payment processor) to automatically charge you each month for the Service. If you sign up for a free trial, you are expressly authorizing us (and our designated payment processor) to charge you pursuant to this Agreement upon the expiration of the free trial period, unless you cancel before such expiration.
If you provide a payment method and our charge results in an overdraft, chargeback or other fee from your bank, you alone are responsible for that fee.
EVEN IF YOU DO NOT USE THE SUBSCRIPTION OR ACCESS THE DAILY SPOT APPLICATION, YOU WILL BE RESPONSIBLE FOR ANY SUBSCRIPTION FEES UNTIL YOU CANCEL YOUR SUBSCRIPTION OR IT IS OTHERWISE TERMINATED. To cancel, follow the instructions above ("How to Cancel").
The pricing of our Services may vary periodically. We cannot guarantee that the price of your Subscription is the lowest available, or historically lowest or best, price. You will be charged in accordance with the billing terms you agreed to at the time you signed up.
Daily Spot may change, modify, add, remove, suspend, cancel or discontinue any aspect of it subscriptions including the functionality, content, and/or availability of any features of such subscriptions at any time in Daily Spot's sole discretion.
Daily Spot may increase its fees for any subscription effective the first day of a billing renewal by giving you notice of the new fees at least thirty (30) days before you are billed. If you have and do not cancel your Subscription, you will be deemed to have accepted the new fees.
8. Term and Termination; Account Deletion
TERM: This Agreement begins on the date you first use the Daily Spot Service and continues as long as you have an account with us.
CANCELING YOUR SUBSCRIPTION: To cancel, follow the instructions above ("How to Cancel").
ACCOUNT DELETION: You may delete your account at any time. We reserve the right, but are under no obligation to, to delete an account from the Daily Spot Service that remains inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months, or immediately when payment expires, is withdrawn or otherwise ceases. You can request your account be deleted by emailing email@example.com
After your membership or subscription is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
EFFECT OF TERMINATION/ACCOUNT DELETION: Upon termination, all licenses granted by Daily Spot will terminate. Sections 4-5, 9, and 12-18 shall survive termination. In the event of account deletion for any reason, content that you submitted may no longer be available. Daily Spot shall not be responsible for the loss of such content.
9. Content Restrictions
You may not upload, post, or transmit (collectively, "submit") any video, image, text, audio recording, or other work (collectively, "content") that:
10. Code of Conduct and Prohibited Activities
In using the Daily Spot Service, you must behave in a civil and respectful manner at all times. Further, you will not and it is strictly prohibited to:
Daily Spot has the right, but not the obligation, to monitor all conduct on and content submitted to the Daily Spot Service. Daily Spot reserves the right to alter, edit, remove, or refuse to post any content, in whole or in part in its sole discretion and/or to satisfy or comply with applicable laws, regulations and/or legal processes.
Daily Spot reserves the right, in its sole discretion, to investigate and take appropriate legal action against anyone who violates our Terms, including removing the offending communication from the Site or Service and terminating or suspending the membership of such violators.
Your use of the Service, including all Content you post through the Service, must comply with all applicable laws and regulations. You agree that Daily Spot may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Site in the future; or (v) protect the rights, property or personal safety of the Company or any other person.
As between you and Daily Spot, you own all content that you submit to the Daily Spot Service, whether directly via the Daily Spot Service or indirectly (for example, via Facebook or Twitter). However, it is important that you understand that by posting a submission to Daily Spot, you are granting Daily Spot and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, sub-licensable (through multiple tiers) royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content (including without limitation, your name and likeness, photographs and testimonials) for any purpose whatsoever commercial or otherwise without compensation to you. In addition, you waive any so-called "moral rights" or "performance rights" in your content.
You further grant all users of the Daily Spot Service permission to view your content for their personal, non-commercial purposes. If you make suggestions to Daily Spot on improving or adding new features to the Service, Daily Spot shall have the right to use your suggestions without any compensation to you.
For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to Daily Spot and grant the licenses set forth above; (ii) Daily Spot will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.
You agree to indemnify, defend, and hold harmless Daily Spot and its Affiliates, from and against any liability, claims, damages, losses and costs (including reasonable attorney's fees) that: (i) arise from your activities on the Service or your interaction with, or reliance on information provided by, any Expert; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to Daily Spot violates any law or infringes any personal right or third party right, including any intellectual property or privacy right. Daily Spot reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Daily Spot in connection therewith.
13. License to Use the Daily Spot Service
LICENSE: Daily Spot grants you a limited, non-exclusive license to access and use the Service for your own personal, non-commercial purposes. This includes the right to view content available on the Service. This license is personal to you and may not be assigned or sublicensed to anyone else.
RESTRICTIONS: Except as expressly permitted by Daily Spot in writing, you will not reproduce, redistribute, publicly display, sell, create derivative works from, decompile, reverse engineer, or disassemble the Service. Nor will you take any measures to interfere with or damage the Daily Spot Service. All rights not expressly granted by Daily Spot are reserved.
14. Expert Content
Experts may post Expert Content to the Service which may be viewed by Members. Expert content may include videos, images, text, instructional guides, or communications of any other kind. Expert Content is provided for informational purposes and certain Expert Content may not be suitable for all Members. We ask that you use discretion when relying on any Expert Content. You agree to consult a physician, nutritionist, or other relevant professional before relying upon any Expert Content if you have questions about that Expert Content. You agree that the Expert Content is simply hosted by the Service for the Expert and that Daily Spot does not create or provide the Expert Content. As such, Daily Spot shall not be responsible for any loss, damage, or claim related to your reliance on any Expert Content.
15. Intellectual Property
You acknowledge that the Daily Spot Site and Services contain software, graphics, photos, videos, know-how, product ideas, comments and other material (collectively, "Content") that is legally protected, and that these rights are valid and actionable in all forms, media and technologies existing now or hereafter developed. All Content generated and/or developed by Daily Spot and/or its partners and licensors is copyrighted individually and/or as a collective work under the U.S. copyright laws; further, Daily Spot owns a copyright in the selection, coordination, arrangement and enhancement of all Content on the Site. Subject to your compliance with these Terms, and solely for so long as you are permitted by us to access and use the Services, you may download one (1) copy of the application (but never the Content) to any single computer or device for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices, and are in compliance with these Terms. Unless otherwise specified, modification of the Content or use of the Content for any other purpose, including use of any such Content on any other website or networked computer environment is strictly prohibited.
The Daily Spot name, logos and affiliated applications and technologies are the exclusive property of Daily Spot Inc. All other trademarks appearing on the Services are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content which they make available through the Services. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
Daily Spot owns and retains all proprietary rights in the Site and the Service, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible on the Site or through the Service, without first obtaining the prior written consent of the Company or, if such property is not owned by the Company, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
16. Copyright / DMCA Policy
Daily Spot respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that the materials they upload to the Site do not infringe upon any third party’s copyright.
Daily Spot will promptly remove materials from the Daily Spot Site in accordance with the Digital Millennium Copyright Act ("DMCA") if properly notified and ultimately decided that the materials infringe a third party's copyright. In addition, Daily Spot may, in appropriate circumstances, terminate the accounts of repeat copyright infringers.
Filing a DMCA Notice to Remove Copyrighted Content-for Copyright Holders
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:
You may submit this information via:
Filing a DMCA Counter-notification to Restore Removed Content for Daily Spot Users
If you believe that your material has been removed by mistake or misidentification, please provide Daily Spot with a written counter-notification containing the following information:
You may submit this information via:
Please note that we will send any complete counter-notifications we receive to the person who submitted the original DMCA notice. That person may elect to file a lawsuit against you for copyright infringement. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of your counter-notification, we will restore the removed materials. Until that time, your materials will remain removed.
In filing a DMCA notice or counter-notification, please make sure that you have complied with all of the above requirements. If we request additional information necessary to make your DMCA notice or counter-notification complete, please provide that information promptly. If you fail to comply with all of these requirements, your DMCA notice or counter-notification may not be processed further.
In addition, please make sure that all of the information you provide is accurate. UNDER SECTION 512, SUBSECTION (f), OF THE COPYRIGHT ACT ANY PERSON WHO KNOWINGLY MATERIALLY MISREPRESENTS THAT MATERIAL OR ACTIVITY IS INFRINGING OR WAS REMOVED OR DISABLED BY MISTAKE OR MISIDENTIFICATION MAY BE SUBJECT TO LIABILITY.
Daily Spot may disclose any communications concerning DMCA notices or other intellectual property complaints with third parties, including the users who have posted the allegedly infringing material.
If you have questions about the legal requirements of a DMCA notice, please contact an attorney or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(c)(3), for more information. If you have questions about the legal requirements of a DMCA counter-notification, please contact an attorney or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(g)(3), for more information.
Daily Spot's Copyright Agent
You may send a DMCA notice, a DMCA counter-notification, or any inquiries concerning intellectual property to Daily Spot's Address:
Daily Spot Inc.
P.O. Box 1968
Highland Park, IL
18. General Provisions
ARBITRATION AND GOVERNING LAW:
The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Service, or the Site shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against Daily Spot in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against Daily Spot or its affiliates any class action, class arbitration, or other representative action or proceeding.
By using the Site or the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Daily Spot or its affiliates (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Daily Spot (except for small-claims court actions) may be commenced only in the federal or state courts located in Cook County, Illinois. You hereby irrevocably consent to the jurisdiction of those courts for such purposes and you irrevocably waive any right to a trial by jury.
This Agreement, and any dispute between you and Daily Spot, shall be governed by the laws of the state of Illinois without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by Daily Spot in exercising any right hereunder will waive any further exercise of that right. Daily Spot's rights and remedies hereunder are cumulative and not exclusive.
SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without Daily Spot's prior written consent. No third party shall have any rights hereunder.
NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from Daily Spot electronically. Daily Spot may provide all such communications by email or by posting them on the Daily Spot Service. For support-related inquiries, you may send an email to firstname.lastname@example.org or the following address:
Daily Spot Inc.
P.O. Box 1968
Highland Park, IL
Attention: Legal Department
Nothing herein shall limit Daily Spot's right to object to subpoenas, claims, or other demands.
ENTIRE AGREEMENT: This Agreement incorporates the following documents by reference:
This Agreement constitutes the entire understanding between Daily Spot and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.
END OF DOCUMENT.