Terms and Conditions

By logging on and using DailyBurn Tracker, you hereby agree to accept these terms and conditions and further agree to indemnify and hold harmless Daily Burn Inc., it’s officers, directors, shareholders and employees from any accidents, injuries, or direct or indirect damages of any kind which you may experience from your fitness activities or the use of the tracker.dailyburn.com website and any other DailyBurn service.

DailyBurn Tracker has been developed to help our users track their health and fitness progress, reach their health and fitness goals and lead a healthy lifestyle. The authors of this web site are providing information for educational purposes only. The information provided within this website and from our services is not intended to be a diagnosis or prescription. Before beginning any diet or fitness program please consult a physician. Discontinue any exercise that causes you pain or severe discomfort and consult a medical expert. The authors of this web site, and all its content, cannot guarantee any exercise, health, weight loss or fitness results or improvements to the users of DailyBurn Tracker.

By signing up for the DailyBurn Tracker service ("Service"), you are agreeing to be bound by the following terms and conditions (“Terms of Service”). Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. You can review the most current version of the Terms of Service at any time by visiting this webpage. Daily Burn, Inc. reserves the right to update and change the Terms of Service by posting updates and changes to the DailyBurn Tracker website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.

DailyBurn is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which DailyBurn provides may change from time to time without prior notice to you.

You acknowledge and agree that if DailyBurn disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.

In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you provide to DailyBurn will always be accurate, correct and up to date.

You agree to use the Services only for the purposes that are permitted by: (i) these Terms of Service, and (ii) any applicable law, regulation or generally accepted practices and guidelines in the relevant jurisdictions.

You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by DailyBurn, unless you have been specifically allowed to do so in a separate agreement with DailyBurn. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.

You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to DailyBurn for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify DailyBurn immediately at help@dailyburn.com.

For information about DailyBurn’s data protection practices, please read DailyBurn’s privacy policy at http://tracker.dailyburn.com/public/privacy. This policy explains how DailyBurn treats your personal information, and protects your privacy, when you use the Services. You agree to the use of your data in accordance with DailyBurn’s privacy policies.

You understand and agree that all information contained within the Services and all data and information compiled by DailyBurn associated with the Services (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services is considered content of DailyBurn. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this content (either in whole or in part) unless you have been specifically authorized to do so by DailyBurn in a separate agreement.

You agree that you are solely responsible for (and that DailyBurn has no responsibility to you or to any third party for) any content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which DailyBurn may suffer) by doing so.

You acknowledge and agree that DailyBurn (or DailyBurn’s licensors) own all legal right, title and interest in and to the DailyBurn Tracker content and the Services, including any intellectual property rights which subsist in the content and the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

Unless you have agreed otherwise in writing with DailyBurn, nothing in these Terms of Service gives you the right to use any of DailyBurn’s trade names, trademarks, service marks, logos, domain names, trade dress and other distinctive brand features.

You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Services.

Unless you have been expressly authorized to do so in writing by DailyBurn, you agree that in using the Services, you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

DailyBurn gives you a personal, worldwide, non-assignable, royalty-free, and non-exclusive license to use the software provided to you by DailyBurn as part of the Services as provided to you by DailyBurn (referred to as the “Software” below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by DailyBurn, in the manner permitted by these Terms of Service.

You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise try to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically authorized by DailyBurn in writing.

Unless DailyBurn has given you specific written permission to do so, you may not assign (or grant a sublicense of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.

You retain copyright and any other rights you already hold in content which you submit, post or display on or through the Services. By submitting, posting or displaying the content, you give DailyBurn a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any content which you submit, post or display on or through the Services. This license is for the sole purpose of enabling Daily Burn to display, distribute and promote the Services.

You agree that this license includes a right for DailyBurn to make such content available to other companies, organizations and individuals with whom DailyBurn has relationships for the provision of syndicated services, and to use such content in connection with the provision of those Services.

You understand that DailyBurn, in performing the required technical steps to provide the Services to our users, may: (i) transmit or distribute your content over various public networks and in various media, and (ii) make such changes to your content as are necessary to conform and adapt that content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit DailyBurn to take such actions. You confirm to DailyBurn that you have all the rights, power and authority to grant the above license.

The Services may include hyperlinks to other web sites or content or resources. DailyBurn may have no control over any web sites or resources which are provided by companies or persons other than DailyBurn. You acknowledge and agree that DailyBurn is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources. You acknowledge and agree that DailyBurn is not liable for any loss, damage or injury which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on or available from such web sites or resources.

CERTAIN ACTIVITIES MAY BE LICENSED UNDER U.S. PATENT 6,585,516.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” IN PARTICULAR, DAILYBURN DOES NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICES WILL BE UNITERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (IV) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DAILYBURN OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

DAILYBURN FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENMT.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT DAILYBURN AND ITS LICENSORS SHALL NOT BE LAIBLE TO YOU FOR: (I) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT NE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; (II) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO, LOSS OR DAMAGE AS A RESULT OF: (A) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES; (B) MAKE CHANGES WHICH DAILYBURN MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); (C) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; (D) YOUR FAILURE TO PROVIDE DAILYBURN WITH ACCURATE INFORMATION; AND (E) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.

Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content and information stored on the Services, queries made through the Services or other information. The manner, mode and extent of advertising by DailyBurn on the Services are subject to change without specific notice to you. In consideration for DailyBurn granting you access to and use of the Services, you agree that DailyBurn may place such advertising on the Services.

These Terms of Service, and your relationship with DailyBurn under these Terms of Service, shall be governed by the laws of the State of Alabama without regard to its conflict of laws provisions. You and DailyBurn agree to submit to the exclusive jurisdiction of the courts located within the county of Huntsville, Alabama to resolve any legal matter arising from these terms of Service. Notwithstanding this, you agree that DailyBurn shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent relief) in any jurisdiction.

It is DailyBurn’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminate the accounts of repeat infringers. If you believe that any materials on the DailyBurn Tracker web site infringe a copyright, please contact us at help@dailyburn.com.

Account Terms

You must be 18 years or older to use this Service.

You must provide a valid email address and any other information needed in order to complete the signup process.

You are responsible for keeping your password secure. Daily Burn, Inc. cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.

You may not use the service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of the United States.

You are responsible for all activity and content (data, graphics, photos, links) that is uploaded or created under your DailyBurn Tracker account.

A breach or violation of any of the Account Terms as determined in the sole discretion of Daily Burn, Inc. will result in an immediate termination of your services.

General Conditions

We reserve the right to modify or terminate the Service for any reason, without notice at any time.

We reserve the right to refuse service to anyone for any reason at any time.

Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.

Daily Burn, Inc. does not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You expressly understand and agree that Daily Burn, Inc. shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.

Technical support is provided to all account holders and is only available via email.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Daily Burn, Inc.

Verbal or written abuse of any kind (including threats of abuse or retribution) of any DailyBurn customer, Daily Burn, Inc. employee, member, or officer will result in immediate account termination.

The failure of Daily Burn, Inc. to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Daily Burn, Inc. and governs your use of the Service, superseding any prior agreements between you and Daily Burn, Inc. (including, but not limited to, any prior versions of the Terms of Service).

By making your account information public, you agree to allow others to view your content.

Daily Burn, Inc. does not pre-screen Content and it is in their sole discretion to refuse or remove any Content that is available via the Service.

Medical Agreement

THE FITNESS, NUTRITION, AND RELATED INFORMATION AND RECOMMENDATIONS PROVIDED BY DAILYBURN IS FOR EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED AS A SUBSTITUTE FOR MEDICAL ADVICE FROM YOUR HEALTH CARE PROVIDER. DAILYBURN IS NOT A MEDICAL ORGANIZATION. WE ENCOURAGE AND ADVISE YOU TO SEEK PROFESSIONAL MEDICAL ADVICE BEFORE BEGINNING ANY FITNESS OR NUTRITOIN EFFORT OR PROGRAM. DO NOT START A DIET OR FITNESS ROUTINE WITH US IF YOUR HEALTH CARE PROVIDER ADVISES AGAINST IT. NEITHER OUR TRAINERS NOR OUR OTHER STAFF CAN PROVIDE YOU WITH MEDICAL ADVICE OR DIAGNOSIS. NOTHING THAT YOU MAY READ ON THIS SITE OR THAT IS OTHERWISE PROVIDED TO YOU BY OUR TRAINERS SHOULD BE CONSTRUED AS SUCH ADVICE OR DIAGNOSIS. SUCH INFORMATION IS NOT A SUBSTITUTE FOR PHYSICIAN CONSULTATION, EVALUATION, OR TREATMENT. THIS SITE IS INTENDED FOR USE ONLY BY HEALTHY ADULT INDIVIDUALS.

In becoming a member with the intent of using this Service, you affirm that either (A) all of the following statements are true: (i) no physician has ever informed you that you have a heart condition or 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 month; (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 immediate 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 DailyBurn Tracker.

And if you are a woman, in becoming a Member with the intent of using the Sites you further affirm that either (A) you are not pregnant, breastfeeding or lactating or (B) your physician has specifically approved your use of DailyBurn Tracker.

Daily Burn, Inc. reserves the right to refuse or cancel your membership if we determine that you have certain medical conditions.

You are advised that health, diet and fitness advice is often subject to change due to medical research and developments. No assurance can be given that the Service will reflect the most recent findings or developments with respect to the particular material. You are encouraged to consult with your health care provider with any questions or concerns you may have regarding any health condition.

Trainers

Daily Burn, Inc. makes no representations or warranties as to the conduct of trainers or their compatibility with any current or future Members. In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Site, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings between Trainers and Members of or any other persons you meet through this Site. You agree to take reasonable precautions in all interactions with Trainers and other Members, particularly if you decide to meet offline or in person.


Questions about the Terms of Service should be sent to help@dailyburn.com.