You've got to login or join dailymile to do that
Terms of Service
Revised June 10, 2015
- ACCEPTANCE OF TERMS
- MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify, terminate or otherwise alter these Terms and conditions at any time and without prior notice. If we change these Terms, we will inform you by posting the revised Terms to the site with the revised date that they become effective. By continuing to access or use the site or services, you agree to the revised Terms.
To use the Service, you must be 13 years or older, except for the Coaching Service, which requires you to be 18 years or older (both User and Coach). If you are a parent or guardian of a child under 13, then you may create an account and allow your child to access that account and the Service under your direct supervision. By using the Service, you represent and warrant that you have the right, authority and capacity to enter into a binding agreement with dailymile and to abide by all of the Terms.
- USER ACCOUNT
Users of the Service must register for an account. You agree to keep any account information provided to us up-to-date. Accounts that are not completed or up-to-date risk suspension or termination. You are solely responsible for keeping your account credentials confidential and safe and are liable for any unauthorized use of your account. You agree to immediately notify dailymile of any breach of security or unauthorized access of your account. Any personal information is provided at your own risk.
- COACH ACCOUNT
By becoming a Coach, you agree to these Terms, to the terms of our payments provider (Stripe Connected Account Agreement - https://stripe.com/connect/account-terms), and that you are not an employee of dailymile. dailymile is not required to provide you workers' compensation, unemployment insurance or disability benefits, minimum wage or overtime pay, or any other employee wages or benefits. dailymile does not have control over the work hours or work location of Coaches.
You will be required to provide certain personal information as well as your bank account information during registration. You agree to provide Coaching Services for Users who select you and to adhere to any coaching guides or rules that we publish outside of these Terms. dailymile is not required to, but may conduct reviews, verify details provided, or conduct background checks of Users of Coaching Services or Coaches or enlist third parties to do so on our behalf. You acknowledge that dailymile will not carry any liability insurance on behalf of you and recommends that you purchase appropriate general liability and professional liability insurance prior to using the Service.
Once you are a Coach, dailymile will pair you with Users seeking the services of a coach so you may provide Coaching Services to the User. You agree to perform Coaching Services thoroughly and professionally, consistent with industry standards, and that you have the experience and skills necessary to perform Coaching Services. We will provide the tools that you'll use to interact with that User. In order to ensure the quality of your interactions with the User, dailymile may monitor the provision of the Coaching Services. dailymile reserves the right to reassign Users you are coaching to other Coaches, for any reason and at any time. dailymile also reserves the right to terminate or suspend any and all Services and your dailymile account immediately for any reason and at its sole discretion.
Payment processing services for Coaches on dailymile are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these Terms or continuing to operate as a Coach on the Service, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of dailymile enabling payment processing services through Stripe, you agree to provide dailymile accurate and complete information about you and your business, and you authorize dailymile to share it and transaction information related to your use of the payment processing services provided by Stripe.
You hereby grant dailymile permission to use your name, likeness, image or voice in connection with offering, delivering, marketing, promoting, demonstrating, and selling the Service, including Coaching Services, and waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection therewith, to the extent permissible under applicable law.
The Service may allow you to post, upload, transmit, or otherwise make available and provide Content on the Site, including, without limitation, text, images, illustrations, graphics, workout and other data, audio, video or audio-video clips, or other materials.
Ownership of Your Content. We do not claim ownership rights in your Content. Subject to the non-exclusive license contained in the following paragraph, you own and will retain any and all intellectual property rights that you may have in your Content.
You are entirely responsible for all Content that you post, upload, or otherwise make available via the Service.
You agree that under no circumstances will dailymile be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, uploaded or otherwise made available via the Service.
You acknowledge that dailymile shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason.
- USER CONDUCT
By way of example, and not as a limitation, you agree not to use the Services:
- to be a jerk, more specifically to abuse, harass, threaten, impersonate or intimidate other dailymile users
- to contribute any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party
- for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content
- to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any dailymile user
- to create or submit unwanted email ("Spam") to any other dailymile users or any URL
- to violate any laws in your jurisdiction (including but not limited to copyright laws)
- With the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site
- COACHING SERVICES
When users sign up for Coaching Services, they'll select a Coach to coach them. Hiring a Coach is an arrangement between you and the Coach that dailymile is not party to. dailymile provides the platform to enable the communication and collaboration between the Coach and User. By signing up for Coaching Services, you release dailymile from any and all claims, demands, or damages arising out of or in any way connected with such disputes you may have with a Coach. In order to ensure the quality of your interactions with your Coach, dailymile may monitor the provision of the Coaching Services.
Coaches providing Coaching Services agree that any Content provided as part of their services or their profile does not breach any agreement they've made with any third party, is in compliance with any applicable law, is truthful and accurate, and that they are responsible for it. dailymile does not guarantee any results from use of Coaching Services and dailymile is not liable for any statements or guarantees made by Coaches. dailymile does not have control over the quality or Content of Coaching Services actually delivered by Coaches and makes no warranties or guarantees about them. dailymile is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of Coaches or from any personal injuries, death, property damage, or other damages or expenses resulting therefrom.
Coaches agree not to provide any service or have any communication with the User using any tools not provided by the Service. Coaches may not sell any services or products to Users through their use of the Service.
When a User signs up for Coaching Services, they must provide their credit card information. They will be charged immediately unless the plan they signed up for has a trial period at which point they'll be charged at the end of their trial period. Thereafter, the subscription will be charged for each period on a recurring basis until it is canceled. Users are responsible for providing complete and accurate billing and contact information.
Users may cancel their subscription at any time, however no refunds will be offered. In the event that your account is terminated, you will receive no refund, and may lose any content or data associated with your account, or anything else.
As their sole compensation for providing Coaching Services, dailymile will pay Coaches their share of the payment from each of their clients in the month following the month that dailymile receives a successful payment. dailymile will remit the amount received from the client minus an administrative fee of 60%. In order to receive payments, Coaches must provide a valid US bank account and keep their legal entity verified by dailymile’s payments provider. dailymile is only responsible for paying Coaches who have a valid US bank account and whom our payments provider has been able to verify.
Coaches are required to pay any and all taxes as required by law. dailymile will not reimburse Coaches for any expenses incurred while performing Coaching Services.
At dailymile's sole discretion, refunds may be granted to clients as a result of specific refund guarantee promotions, or to correct any errors made by dailymile or the Coach. Any refunds made to clients will be deducted from amounts due to the Coach. dailymile also reserves the right to hold any payment due to a Coach.
- COPYRIGHT COMPLAINTS
dailymile respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, contact us
- PRIVACY AND INFORMATION DISCLOSURE
- NO MEDICAL ADVICE
Neither dailymile (nor its employees, directors, subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors) nor any of the Coaches can provide any medical or professional advice, diagnosis, or treatment of any kind nor do they create a doctor-patient relationship. Coaching Services are provided for informational purposes only. Users should not rely on the Service or their coach to make any medical decisions and should always consult their physician for any medical question. You agree that before use of Coaching Services, you will consult with your physician. Services are only intended for those who are healthy. You should stop if you are ever experiencing pain or severe discomfort. Call 911 or your doctor immediately if you think you have a medical emergency. You should never disregard medical advice or delay in seeking medical advice because of any content presented on this site, and you should not use our content for diagnosing or treating a health problem. Our content does not constitute medical advice. Relying on any information provided by dailymile or your Coach is solely at your own risk. We reserve the right to terminate your use of the Service for any reason or no reason, including if we determine, in our sole discretion, that you have certain medical conditions. The transmission and receipt of our content, in whole or in part, or communication via the internet, e-mail or other means does not constitute or create a doctor-patient, therapist-patient or other healthcare professional relationship between you and us. dailymile is not a healthcare provider or business associate of a healthcare provider and is not subject to the privacy rule of the health insurance portability and accountability act of 1996 (HIPAA).
- RELEASE OF LIABILITY FOR INJURY OR DEATH
Your participation in the Service, including Coaching Services, is at your own risk. Exercise can be inherently risky, including risk of injury or illness. Neither dailymile (nor its employees, directors, subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors) nor any Coach are liable for any personal injury or death that results from the use of the Service or information obtained through the Service. YOU, AND ANYONE ENTITLED TO ACT ON YOUR BEHALF, WAIVE AND RELEASE DAILYMILE (AND ITS EMPLOYEES, DIRECTORS, SUBSIDIARIES, AGENTS, LICENSORS, MANAGERS, AND OTHER AFFILIATED COMPANIES, AND THEIR EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS AND DIRECTORS) AND COACHES FROM ANY AND ALL CLAIMS AND LIABILITY FOR INJURY OR DEATH OR ANY OTHER KIND THAT RESULTS FROM USE OR INFORMATION OBTAINED THROUGH THE SERVICE. DAILYMILE WILL NOT BE LIABLE TO COACHES FOR ANY INJURY OR DEATH THAT RESULTS FROM COACHES USE OF THE SERVICE AND IF YOU ARE A COACH, YOU RELEASE DAILYMILE FROM ANY SUCH LIABILITY. Users should consult a physician before beginning use of the Service or any exercise. In cases where applicable law does not allow the above release of liability, dailymile's liability will be limited to the extent permitted by law.
- WARRANTY DISCLAIMERS
You acknowledge that dailymile has no control over, and no duty to take any action regarding: which users gain access to the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release dailymile from all liability for you having acquired or not acquired Content through the Site. The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. dailymile makes no representations concerning any content contained in or accessed through the Site, and dailymile will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- THIRD PARTY CONTENT, SITES, AND SERVICES
dailymile and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of dailymile, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
Your interactions with organizations and/or individuals found on or through the Service, 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 organizations and/or individuals.
You agree that dailymile shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that dailymile is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release dailymile successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and or our service.
- LIMITATION OF LIABILITY
IN NO EVENT SHALL dailymile OR ITS SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
- GENERAL INFORMATION
The Terms constitute the entire agreement between you and dailymile and govern your use of the Service, superceding any prior agreements between you and dailymile. The Terms and the relationship between you and dailymile shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions. You and dailymile agree to submit to the personal and exclusive jurisdiction of the courts located within the county of New Castle, Delaware. The failure of dailymile to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the Terms, contact us
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.