Terms of Service
livingfastpodcast.com
Terms of Service
Last Revised: January 27th 2025
IMPORTANT: PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU (“USER,” “YOU,” OR “YOUR”) AND LOCKED IN PERFORMANCE INC (“WE,” “US,” OR “OUR”), A CORPORATION INCORPORATED UNDER THE LAWS OF BRITISH COLUMBIA, CANADA, AND THE OPERATOR OF THE LIVING FAST PODCAST WEBSITE (“PLATFORM” OR “SITE”). THESE TERMS CONTAIN CRITICAL INFORMATION ABOUT YOUR RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES, A BINDING ARBITRATION CLAUSE, A CLASS ACTION WAIVER, AND PROVISIONS GOVERNING JURISDICTION AND APPLICABLE LAW.
The Living Fast Podcast Website (“Platform”) operates under LOCKED IN PERFORMANCE INC and is an online space providing podcast episodes, articles, and related content, along with interactive and promotional material. The Platform may also feature links to third-party websites or services that are solely for informational or promotional purposes. This Website also connects users to content, promotional materials, and affiliate links related to our brand ecosystem, including links to LOCKED IN, our supplement brand.
These Terms include not only the provisions outlined herein but also incorporate by reference our Privacy Policy (available at [Insert Privacy Policy Link]) and any additional terms, conditions, or policies posted on or through the Website. By accessing, browsing, or using the Website, you agree to comply with these Terms. If you do not agree, you are prohibited from using or accessing the Website.
Any individual accessing or using the Website is referred to as a “User” in these Terms. By accessing or using the Website on behalf of a company, organization, or other legal entity, you represent that you have the authority to bind that entity to these Terms, in which case “you” refers to the entity.
Acknowledgments and Disclaimers
A. Explanation of the Platform
Living Fast Podcast (“Platform”) may periodically provide an online interactive, informational, and promotional space through which it offers content, insights, and related offerings. The Platform may also feature links to third-party websites, services, or affiliates for convenience or promotional purposes.
We are not responsible if the information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. You acknowledge and agree that the Platform is provided for informational purposes only and is not intended to serve any other purpose. The Platform is provided ‘as is’ and ‘as available’ without warranties of any kind. We do not guarantee uninterrupted access or error-free services.
B. Disclaimers
Platform Functionality: LOCKED IN PERFORMANCE INC does not warrant that the Platform will function uninterrupted or error-free, that any content or materials provided will be secure or free from harmful components, or that any issues will be corrected.
Limitation of Liability: Under no circumstances shall LOCKED IN PERFORMANCE INC or its affiliates be liable for any damages—whether direct, indirect, incidental, consequential, special, or punitive—arising from the use of the Platform, its content, or links to third-party services. This includes, but is not limited to, damages resulting from interruptions, data loss, or reliance on any information provided through the Platform.
C. Modification of the Platform or Terms
LOCKED IN PERFORMANCE INC reserves the right to modify, update, or terminate the Platform or these Terms at any time without prior notice or penalty. Any modifications will either be posted directly on the Platform or communicated to users as necessary. Your continued use of the Platform following such changes constitutes your acceptance of the updated Terms.
1. USE OF THE WEBSITE
You must be at least 18 years old or have the permission of a parent or legal guardian to use this Website. You agree not to use the Website for any unlawful purpose, to infringe upon the rights of others, or in violation of these Terms of Service. We reserve the right to terminate or restrict your access to the Website at any time without notice if you violate these terms or engage in harmful activity.
2. CONTENT OWNERSHIP AND USAGE
A) General
All content on the Website, including but not limited to podcast episodes, text, graphics, logos, and media files, is owned by LOCKED IN PERFORMANCE INC or our licensors and is protected by copyright, trademark, and other intellectual property laws. You may share our podcast content solely for personal, non-commercial purposes, provided you give proper attribution and do not alter the content in any way. Unauthorized commercial use, reproduction, or distribution of any content is strictly prohibited.
B) Testimonials
This section applies to you if you choose to participate in providing, posting, or submitting any stories, testimonials, or other recitations relating to your use of any of the Services, any Products, or any other products or services, or advice provided by or through the Platform, or otherwise in connection with your relationship with LOCKED IN PERFORMANCE INC or its affiliates. In exchange for the intangible value you will gain by participating in LOCKED IN PERFORMANCE INC’s publications, publicity programs, and other good and valuable considerations, the sufficiency of which you hereby acknowledge, you grant us permission to use your testimonial and related content for the purposes set forth in this section.
By participating, you irrevocably permit, authorize, grant, and license LOCKED IN PERFORMANCE INC, and our affiliates, successors, assigns, licensees, advertising agencies, promotion agencies, fulfillment agencies, and the employees, officers, directors, and agents of each of these parties (“Authorized Persons”) the rights to display, publicly perform, exhibit, transmit, broadcast, reproduce, record, photograph, digitize, modify, alter, edit, adapt, create derivative works, exploit, sell, rent, license, and otherwise use or permit others to use your name, image, likeness, appearance, and testimonial, and all materials created by or on behalf of us that incorporate any of the foregoing (“Materials”), in perpetuity and throughout the universe, in any medium or format now existing or hereafter created, including but not limited to magazines, brochures, books, pamphlets, and other publications, both digital and print, and on the Internet or other digital transmission or delivery methods, for any purpose including but not limited to advertising, public relations, publicity, promotion of our and our affiliates’ businesses, products, and services, without further consent or compensation to you. In no event shall Materials constitute User Content but shall instead be deemed Living Fast Content to the extent applicable.
Living Fast shall be the exclusive owner of all rights, including copyright, in the Materials. You hereby irrevocably transfer, assign, and otherwise convey to us your entire right, title, and interest in and to the Materials, including all copyrights and other intellectual property rights, in perpetuity, across all jurisdictions, including the right to register, renew, and enforce these rights. You acknowledge and agree that you have no right to review or approve Materials before they are used by us, and that we have no liability for any editing, alteration, or distortion of the Materials or for any effects resulting from our use or presentation of them. Any credit or acknowledgment of you, if any, will be determined by us at our sole discretion. We have no obligation to create or use the Materials or to exercise any rights granted under this Agreement.
To the fullest extent permitted by applicable law, you hereby irrevocably waive all legal and equitable rights related to any liabilities, claims, demands, actions, suits, damages, and expenses, including claims for copyright infringement, violation of moral rights, defamation, invasion of privacy, violation of publicity rights, physical or emotional injury, or any other legal theory (collectively, “Claims”), arising from the Authorized Persons’ exercise of their rights under this section or from the publication, production, exhibition, exploitation, or other use of the Materials. You covenant not to bring any such Claims against any Authorized Persons and forever release and discharge them from liability. You understand that we are relying on these terms, and you agree that these cannot be terminated, rescinded, or modified in whole or in part.
THIS AGREEMENT PROVIDES US WITH YOUR ABSOLUTE AND UNCONDITIONAL CONSENT, WAIVER, AND RELEASE OF LIABILITY, ALLOWING US TO PUBLICIZE AND COMMERCIALLY EXPLOIT YOUR NAME, LIKENESS, AND OTHER PERSONAL CHARACTERISTICS AND PRIVATE INFORMATION AS SET OUT ABOVE. BY PARTICIPATING, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE US.
3. AFFILIATE MARKETING
The Living Fast website, operated by LOCKED IN PERFORMANCE INC, may include affiliate links to third-party sites. If you purchase through such links, we may receive a commission at no extra cost to you. We do not control or endorse these third-party sites and are not responsible for their content or practices. Use such links at your own risk.
4. SMS/MMS COMMUNICATION
By using the Platform and providing your contact information, you acknowledge and consent that we may communicate with you through various means, including but not limited to email, text messages (SMS/MMS), phone calls, and push notifications to the contact details you provide to us. These communications may relate to your use of the Platform, products, and services, including operational updates, features, promotions, or other relevant matters.
Automated Communications
We may use automated systems, such as pre-recorded messages or automatic dialing systems, to send communications via text messages, phone calls, and email. These communications may include but are not limited to, important updates regarding the Platform, service enhancements, user features, and promotional offers. Messages may be sent by LOCKED IN PERFORMANCE INC, its affiliates, or third parties acting on our behalf.
Opt-In & Consent
To receive marketing communications (including promotional emails, newsletters, special offers, and other materials), you must explicitly opt-in by providing your consent. This may occur through features such as signing up for newsletters, subscribing to updates, or interacting with specific forms or offers on the Platform. By opting in, you expressly consent to receiving such communications from LOCKED IN PERFORMANCE INC.
Opt-in for SMS/MMS: By providing your phone number and opting into receiving text messages, you consent to receiving both promotional and informational SMS/MMS communications from us. You acknowledge and agree that standard message and data rates may apply as per your mobile carrier’s terms.
Opt-Out & Unsubscribe
You have the right to withdraw your consent and opt out of receiving promotional communications at any time. To unsubscribe from promotional emails, you may click the “unsubscribe” link included at the bottom of each email. To opt out of receiving SMS/MMS text messages, you can reply “STOP” to any text message you receive from us. For further assistance, reply “HELP” to receive support instructions.
Opt-Out Mechanism for SMS/MMS:
Reply “STOP” to opt out of receiving further SMS/MMS messages.
Standard message and data rates may apply for opting out or any additional responses as per your mobile carrier’s terms.
Scope of Communications
Communications you receive may include both operational messages (e.g., updates related to your account or service) and promotional content (e.g., marketing offers, new product launches). These messages may be sent by LOCKED IN PERFORMANCE INC, affiliates, or third parties acting on our behalf.
If you no longer wish to receive communications from us, you may opt-out at any time using the methods described above. You agree that we are not responsible for any delayed, lost, or undelivered messages caused by factors outside our control, such as issues related to your mobile carrier or network problems.
Compliance with Applicable Laws
We comply with all applicable laws regarding SMS, MMS, and email communications, including but not limited to:
General Data Protection Regulation (GDPR) (for users in the EU/EEA).
Telephone Consumer Protection Act (TCPA) (for users in the United States).
CAN-SPAM Act (for users in the United States).
Personal Information Protection and Electronic Documents Act (PIPEDA) (for users in Canada).
You may request information on how we handle your personal data or withdraw your consent to receive communications at any time by contacting us at livingfastpodcast@gmail.com.
Data Protection and Privacy
We take the privacy of your personal data seriously and comply with applicable privacy laws to protect it. For information on how we handle your personal data, please refer to our Privacy Policy.
Disclaimer of Liability
We are not responsible for any failure to deliver, delayed, or undelivered messages due to technical issues or problems outside of our control, including but not limited to your mobile carrier’s limitations, signal interference, or network outages.
5. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE RISK ARISING OUT OF YOUR USE OF ANY PRODUCTS OR ACCESS TO AND USE OF THE PLATFORM, OR ANY FEATURE OR SERVICE ACCESSED OR OFFERED ON, BY, OR THROUGH THE PLATFORM REMAINS WITH YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER LOCKED IN PERFORMANCE INC. NOR ANY OF OUR AGENTS, REPRESENTATIVES, CONTRACTORS, OR AFFILIATES, SHALL BE LIABLE TO ANY USER, GUEST, OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, FILES, DATA, CONTENT, BUSINESS, OPPORTUNITIES, REVENUES, ANTICIPATED SAVINGS, OR OTHERWISE (EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), OR FOR ANY DAMAGES FOR BODILY INJURY OR EMOTIONAL DISTRESS IN CONNECTION WITH THE PLATFORM, INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH:
Access to or Use of: The access to, use, or inability to access or use the Platform or any service or any part thereof.
Provision or Failure to Provide Services: The provision of or failure to provide, or any interruption of, any Living Fast, LOCKED IN PERFORMANCE INC service or any other service.
Information and Content: Any information, software, product, service, data, file, content, or materials stored on, obtained through, uploaded to, or downloaded from the system or any service, or any damage to or corruption or loss of any of the foregoing.
Procurement of Substitute Services: The cost of procurement of substitute services or content.
Access to or Use of Content: Any access to or use of, or inability to access or use any content or materials.
Use of Products: The use of any products.
IN THE EVENT THAT NOTWITHSTANDING THE PROVISIONS OF THE FOREGOING PARAGRAPHS OF THIS SECTION, WE (OR ANY OF OUR AGENTS, REPRESENTATIVES, CONTRACTORS, AFFILIATES, OR THIRD-PARTY LICENSORS OR SUPPLIERS) ARE FOUND LIABLE TO ANY USER, GUEST, OR OTHERWISE FOR DAMAGES FROM ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, THE AGGREGATE AMOUNT OF ALL SUCH LIABILITY SHALL BE LIMITED TO AND SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID TO US BY YOU FOR THE PARTICULAR PRODUCTS OR SERVICES THAT GIVE RISE TO SUCH CLAIM IN WHICH THE CAUSE OF ACTION ACCRUED.
THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
6. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless LOCKED IN PERFORMANCE INC, and their respective third-party suppliers or licensors, business partners, and each of their respective employees, officers, directors, managers, and representatives (each an “Indemnitee” and collectively the “Indemnitees”), from and against any and all losses, damages, liabilities, judgments, penalties, fines, costs, and expenses (including attorneys’ fees and court costs) suffered or incurred by any of the Indemnitees as a result of any third-party claim, action, suit, or proceeding arising out of or in connection with:
Unauthorized Use: Any User or other person’s use of or access to the Platform in a manner not authorized by these Terms, or in violation of any applicable laws.
Content Claims: Any claim involving infringement or misappropriation of third-party rights or the use, development, design, manufacture, production, advertising, promotion, or marketing of User Content.
Breach of Terms: Any breach by you or any other person of any term or condition of these Terms, including but not limited to any representation or warranty herein.
Misconduct: Any act, omission, or misconduct by you or any other person using or accessing the Platform.
We will promptly notify you of any claim that we become aware of and believe to be subject to indemnification under this Section. However, our failure to promptly notify you shall not affect your indemnification obligations hereunder, except to the extent that such failure materially prejudices your ability to defend the claim. At our option, you will have the right to defend against any such claim(s) with counsel of your own choosing (subject to a conflicts assessment) and settle such claim as you deem appropriate. However, you (nor any person acting on your behalf) may not enter into any settlement without LOCKED IN PERFORMANCE INC’s prior written consent, which may be conditioned or withheld at our sole discretion. We may, at any time, elect to take over control of the defence and settlement of any claim.
7. DISPUTE RESOLUTION
Arbitration Agreement
Mandatory Arbitration
By accessing and using the Platform, you agree that any dispute, claim, or controversy arising out of or relating to these Terms of Service, including but not limited to the breach, termination, enforcement, interpretation, or validity of these Terms, shall be settled by binding arbitration. The arbitration will be conducted under the rules of the British Columbia International Commercial Arbitration Centre (BCICAC) and governed by the laws of British Columbia, Canada.
Arbitration Process
Any party wishing to initiate arbitration must send a written notice to the other party specifying the dispute. The arbitration shall be conducted by a single arbitrator appointed by BCICAC. The arbitration shall take place in Vancouver, British Columbia, and the language of the arbitration will be English.
Exclusion from Arbitration
Notwithstanding the above, either party may seek injunctive or other equitable relief in a court of competent jurisdiction for matters relating to the unauthorized use of intellectual property or violations of the confidentiality obligations outlined in these Terms.
Class Action Waiver
You agree that any arbitration will be conducted on an individual basis, and not as a class action, representative action, or collective action. You waive any right to participate in a class action, class arbitration, or representative action arising out of or in connection with these Terms of Service.
Costs and Fees
Each party shall bear its own costs of arbitration unless otherwise required by applicable law. The prevailing party in any arbitration will be entitled to reimbursement of reasonable legal costs and expenses, including but not limited to attorney fees.
Court Actions and Jurisdiction
If the arbitration clause is deemed unenforceable by a court, all disputes and claims shall be resolved exclusively in the courts located in Vancouver, British Columbia, and you consent to the jurisdiction of such courts.
8. GOVERNING LAW
These Terms shall be governed by the laws of British Columbia, Canada, and any disputes shall be resolved through binding arbitration, as described in the Dispute Resolution section.
9. CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at
livingfastpodcast@gmail.com.
Our contact information is posted below:
LOCKED IN PERFORMANCE INC.
3340 Avery Rd, Kimberley British Columbia V1A 3K5, Canada