Terms of Service

/Terms of Service
Terms of Service2018-07-25T16:46:31+00:00

DSTC Terms and Conditions of Use

Welcome to the Dave Scott Triathlon Club (DSTC). The use of our website, club.davecottinc.com and our training programs and content (collectively, the “Services”) is governed by the following Terms and Conditions of Use (“Terms”) and privacy policy (together the “Legal Notices”). Our Services are provided by Dave Scott, Inc., a Colorado corporation. By using our Services, whether you are a registered user or not, you expressly agree to these Legal Notices which are provisioned to protect both you and us. If you disagree with any part of the Terms, then you do not have permission to access the Services.

Updated July 15, 2018

Modification to Legal Notices

From time to time, we may modify or update our Legal Notices. If we do modify or update our Legal Notices, your continued use of our Services after the effectiveness of the modification or update will be deemed to represent your agreement with, and consent to be bound by, the new Legal Notices.

Links To Other Websites

Our Service may contain links to third party websites or services that are not owned or controlled by DSTC.

DSTC has no control over and assumes no responsibility for the content, privacy policies, or practices of any third party websites or services. We do not warrant the offerings of any of these entities or individuals or their websites.

You acknowledge and agree that DSTC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party websites or services that you visit.

Your DSTC Account

  • Are you Eligible? Your account must be registered by a human, eighteen (18) years of age or older. Accounts registered by any automated method, such as a bot, are not permitted and will be terminated.
  • Your Information. DSTC accounts require a valid non-temporary email address. When conducting a purchase on the DSTC website, additional information will be required. DSTC only allows one account per person. Personally, identifiable information will be subject to our Privacy Policy.
  • Your Password. You are responsible for maintaining the security of your account and password. DSTC will not be liable for any loss or damage from your failure to comply with this obligation.
  • Restrictions. You may not use the DSTC Services for any illegal or unauthorized purpose. You must not use DSTC to violate any laws in your jurisdiction and must not use DSTC to do any of the following actions:
  • Distributing any virus, trojan horse, malware, or other harmful or disruptive computer code, mechanism, or program;
  • Interfering with or circumventing any security feature of DSTC website;
  • Interfering with any feature that restricts or enforces limitations on use of or access DSTC;
  • Infringing or violating the rights of any other party, including any intellectual property rights, including copyright laws, or rights of privacy, or publicity;
  • Being obscene, offensive, pornographic, fraudulent, deceptive, defamatory, threatening, harassing, abusive, slanderous, hateful, or causing embarrassment to any other person as determined by DSTC in its sole discretion; or
  • Deliberately misleading anyone as to your identity, impersonating another, or falsely identifying the source of any information.

Content

We agree to grant you a non-exclusive, nontransferable, limited and revocable license to access and use our Services and Content for personal, non-commercial use only. The term “Content” means all information, text, images, videos, trademarks, logos, data, links, software, or other material accessible through our website that was created by us. Please acknowledge that there will exist third party content, including content created by you or other DSTC users, on our website which does not fall under the aforementioned definition. The Content may be used solely for personal, non-commercial informational purposes. No part our Services or Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose.

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Services, including its legality, reliability, and appropriateness.

By posting Content on or through the Services, you represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms; and (ii) that the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through the Services and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Services. However, by posting Content using the Services you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Services. You agree that this license includes the right for us to make your Content available to other users of the Services, who may also use your Content subject to these Terms.

DSTC has the right but not the obligation to monitor and edit all Content provided by users.

User-Generated Content

Our Services allow users to generate, submit and/or post content “User Content” to our website. You expressly acknowledge and agree that you, as the user, are in the best position to know whether the User Content you post is in violation of any copyright, trade secret, trademark, or any other intellectual property rights of another person or entity. DSTC does not, and cannot, police or otherwise review User Content as a matter of course or policy to determine if and whether your User Content is infringing. Therefore, it is very important that you are cautious and careful when deciding whether to make the User Content available on our website.  You, therefore, agree that any User Content in which you generate, submit and/or post to our website using our Services does not and will not violate any law or infringe on the rights of any third party, including without limitation any Intellectual Property Rights (defined below), publicity rights or rights of privacy. You shall be solely liable for any damages resulting from any infringement of copyrights, trade secret, trademark, or any other intellectual property rights, or any other harm resulting from your web clipping, uploading, posting or submission of User Content to our website.

Contests, Sweepstakes, and Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Services may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, the Promotion rules will apply.

Authority to Remove User Content

We reserve the authority to edit or remove User Content submitted to our website for any reason, including User Content that we believe in our sole discretion, violates our Legal Notices.

Prohibited Conduct

You are prohibited from posting on or transmitting through our website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable material of any kind that infringes the intellectual property rights or is otherwise injurious to third parties, including but not limited to any material or content that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law.

Use By Minors

If you are under the age of eighteen (18), please do not attempt to access, post or register on our website.

Intellectual Property

You will retain all ownership rights to any User Content that you generate, submit or post to our website, and we are not obtaining ownership rights to any of your User Content. We do, however, require that you grant us a non-exclusive, royalty-free, irrevocable, transferable, sub-licensable, worldwide license in your User Content, so that we can incorporate such User Content in our offered Services. Without such rights, we may be violating copyright and other laws by storing, posting, compiling, backing up and allowing the download of your User Content on our website. The rights you grant to us include the right to modify, reproduce, distribute, prepare derivative works, reformat, publish, and add certain links to your User Content so that we can present it in a user-friendly format to enhance your user experience in connection with our Services.

Accounts

When you create an account with us, you guarantee that you are above the age of eighteen (18) and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Services.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and account. You agree to accept responsibility for any and all activities or actions that occur under your account and password, whether your password is with our Services or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a user name any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

Termination

We may terminate or suspend your account and bar access to the Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Services.

All provisions of the Terms that by their nature shall survive termination including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Purchases

If you wish to purchase any product or service made available through the Services (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and (ii) the information you supply to us is true, correct and complete.

DSTC may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order, or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Orders For DSTC Products

DSTC strives to provide high-quality triathlon training programs, nutrition programs, fitness programs, products, and instructional videos (the “Products”). DSTC produces certain products, programs and instructional materials available for sale via the website. Any and all materials presented in the purchased DSTC Products may be used solely for personal, non-commercial informational purposes. No materials presented in the purchased DSTC Products may be reproduced, resold or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose.

Should you purchase any DSTC Products, you agree to pay in full the prices for any purchases you make either by credit card or debit card concurrent with your online order. You agree to pay all applicable taxes. If payment is not received by DSTC from your credit card or debit card issuer or its agents, you agree to pay all amounts due upon demand by DSTC. Certain DSTC Products that you purchase may be subject to additional terms and conditions presented to you at the time of such purchase or download. Once the DSTC product is purchased, except as explicitly described in our refund policy, DSTC will not issue a refund.

DSTC Subscriptions

Some parts of the Services are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or DSTC cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting DSTC customer support team.

A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide DSTC with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize DSTC to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, DSTC will issue an electronic invoice indicating that you must proceed manually, before a certain specified deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Free Trials

DSTC may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).

You may be required to enter your billing information in order to sign up for the Free Trial.

If you enter your billing information when signing up for the Free Trial, you will not be charged by DSTC until the Free Trial has expired. On the last day of the Free Trial period, unless you canceled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, DSTC reserves the right to (i) modify the terms and conditions of the Free Trial offer; or (ii) cancel such Free Trial offer.

Fee Changes

DSTC, at its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

DSTC will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

Except when required by law, paid Subscription fees are non-refundable.

Availability, Errors, and Inaccuracies

We are constantly updating product and service offerings on the Services. We may experience delays in updating information on the Services and in our advertising on other websites. The information found on the Services may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Services and we cannot guarantee the accuracy or completeness of any information found on the Service.

We, therefore, reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Assumption of Risk

You assume all risk related to the use of our Services, including, but not limited to, all of the risks associated with any online or offline interactions with other users of our Services. You hereby represent, understand and expressly agree to take all necessary precautions when interacting with any user of our Services.

Disclaimer of Warranty

Our Services and Content are provided on an “as is” basis without warranty of any kind, whether express or implied. You acknowledge that we have no control over what third party content you access using our Services. Furthermore, we make no representation concerning any third party content accessed through our Services, and we are not responsible or liable for the accuracy, copyright compliance, legality or decency of any third party content you access through our Services.

DSTC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. DSTC DOES NOT REPRESENT OR WARRANT THAT ITS OFFERED SERVICES AND CONTENT IN THIS WEBSITE OR ANY THIRD PARTY WEBSITE ACCESSED BY OUR SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. DSTC DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

IN NO EVENT SHALL DSTC OR ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO ANY USER OR ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THIS WEBSITE, SERVICES OR CONTENT CONTAINED IN, OR ACCESSED THROUGH, THIS WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROMDSTC, THIRD PARTY CONTENT ACCESSED THROUGH OUR SERVICES, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERROR, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO DSTC RECORDS, SOFTWARE, CONTENT OR SERVICES.

IN NO EVENT SHALL DSTC OR ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND RESULTING FROM A USER’S COPYING OR DOWNLOADING INFORMATION VIA DSTC SERVICES.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF DSTC (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), DEFAMATION, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES, UNAUTHORIZED ACCESS, USE OR TRANSMISSION OF CONTENT ARISING OUT OF OR RELATING TO THE USE OF DSTC WEBSITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO DSTC FOR ACCESS TO OR USE OF THIS WEBSITE OR ITS SERVICES.

You voluntarily choose to utilize the DSTC Services in order to improve your training, fitness, and racing. You understand that the training philosophy of DSTC is to incrementally increase your training frequency and intensity so as to race more effectively. You also understand that this training philosophy may create certain potential risks such as abnormalities in your blood pressure, breathing, heart rate, and/or muscular-skeletal system that cannot be predicted with complete accuracy. You understand that you are solely responsible for monitoring your own condition throughout your training program that you have chosen and agreed to undertake, and should any unusual symptoms or conditions occur, you will immediately cease training and inform your physician of the symptoms or condition. In stating that you agree to this agreement and waiver of liability, you acknowledge that you have read this Limitation of Liability in its entirety and that you understand the potential risks associated with the use of the DSTC Services including its training programs. You also agree to consult with and obtain written permission from your primary care physician prior to undertaking use of the Services. Regardless you accept any and all consequences that may result from your use of the Services. YOU EXPRESSLY AGREE THAT DSTC IS NOT PROVIDING MEDICAL ADVICE VIA THE SERVICES. NO CONTENT PROVIDED THROUGH THE SERVICES IS INTENDED TO BE AND SHOULD NOT BE CONSTRUED AS THE ADVICE OF YOUR PHYSICIAN OR MEDICAL PROFESSIONAL. SHOULD YOU HAVE AN EMERGENCY, YOU AGREE TO CONTACT YOUR PHYSICIAN, EMERGENCY MEDICAL CENTER, OR HOSPITAL IMMEDIATELY.

Please note that some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

Indemnification

By using our website and Services, you agree to indemnify, hold harmless and defend DSTC, its officers, directors, members, employees and agents, from any and all claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ and accounting fees, costs of defense of claims, suits or proceeding brought by third parties, resulting directly or indirectly from a claim by a third party that arises in connection with (i) your use of our website and Services; (ii) your breach of any of our Legal Notices; (iii) your breach or infringement of any third party right, including without limitation any copyright, trademark, or privacy right; or (iv) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive our Legal Notices and your use of our website and Services.

No Implied Endorsements

In no event shall any reference to any third party or third party service or product be construed as an approval or endorsement by DSTC or Dave Scott.

Jurisdiction Outside the USA

We make no representations that information on this website or through our Services is appropriate or available for use outside the United States. Users who choose to access this website and our Services from outside the United States do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws.

Termination

We may terminate any user’s access to our services, in our sole discretion, for any reason and at any time, with or without prior notice. It is our policy to terminate users who violate these terms and conditions, as deemed appropriate in our sole discretion. You agree that we are not liable to you or any third party for any termination of your access to our website or our Services.

Governing Law

These Legal Notices shall be governed and interpreted by the laws of the State of California, without respect to its conflict of laws principles.

Binding Arbitration

Any dispute, claim or controversy (excluding claims for injunctive or other equitable relief which shall be determined by the United States District Court for the Southern District of California) arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration under the Rules of the American Arbitration Association by three arbitrators in accordance with the Commercial Arbitration Rules then in effect of the American Arbitration Association. Selection of the arbitrators shall be as follows: each party shall appoint one arbitrator within twenty (20) days after the Parties have agreed to go to arbitration, and those two arbitrators shall appoint a third arbitrator who shall act as chairman, within a twenty (20) day period thereafter. If the Parties fail to appoint the chairman within said period, the Parties will apply to the American Arbitration Association for an appointment of the third arbitrator. The Parties agree to be bound by the findings of the arbitration. The arbitrators shall not be empowered to award punitive damages to any Party. The non-prevailing Party to the arbitration shall pay all the reasonable attorney’s fees and other costs and expenses incurred in connection with the prosecution or defense of such arbitration.

Severability

If any provision of these Legal Notices is deemed invalid, void or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Legal Notices will remain in full force and effect. Any failure by DSTC to enforce these Legal Notices will not be construed as a waiver of any right or remedy of DSTC.

Notification Procedures

We may from time to time notify users via email and postal mail; provided, however, we are not responsible for notifications not received due to an invalid email address, automatic email filtering, or invalid postal mail address that you provide to DSTC.

Entire Agreement

These Legal Notices and any amendments shall constitute the entire agreement between you and DSTC concerning its Services.

For Additional Information

If you have any questions regarding our Legal Notices, please contact us at  info@davescotttriclub.com

IF YOU DO NOT AGREE TO ALL OF OUR LEGAL NOTICES, YOU MUST NOT USE OUR WEBSITE OR OUR SERVICES. BY USING OUR WEBSITE AND OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND OUR LEGAL NOTICES AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.