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Terms & Conditions
Welcome to the 'US Coaches Club' website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with this integrated privacy policy, govern US Coaches Club's relationship with you in relation to this website. If you disagree with or do not wish to read any part of these terms and conditions, please do not use our website.
The term 'US Coaches Club' or 'us' or 'we' refers to the owners of the website whose registered office is 10598 Mount Evans Drive, Peyton, Colorado, 80831. The term 'you' or 'your' refers to the coach or user or viewer of our website. The term 'services' refers to the website products, modules, tools and services, whether chargeable or not, that are ordered by you or made available by the website, including, without limitation, third party services.
TERMS AND CONDITIONS OF USE
Eligibility.
Use of the services is void where prohibited. By using the services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information, (c) you are 18 years of age or older; and (d) your use of the services does not violate any applicable law or regulation. Your profile may be deleted and your registration as a member with the website may be terminated without warning if US Coaches Club believes that you are less than 18 years of age. By using our services, you declare and represent that you are more than 18 years of age and you have full legal capacity to complete such contractual action, including the use of a credit card or use of any other method of payment, without need in any additional approvals or consents.
Copyright and Reproduction Notice and Limited License
The information, content, graphics, text, sounds, images, buttons, trademarks, service marks, trade names and logos (the "Materials") contained in this website are protected by copyright, trade mark, database right, sui generis right and other intellectual property laws, under national laws and international treaties. You are granted a limited license solely for your own personal, non-commercial use to refer to, bookmark or point to any page within this website, and to download the Materials contained on this website to a single personal computer, and to print a single hard copy of the Materials contained on this website for your own personal reference, provided however that all copyright, trade mark and other proprietary notices are left intact. The grant of this limited license is conditional on your agreement to, and compliance with, all of these terms and conditions of use. Any other use of the Materials on this website, including any form of copying or reproduction (for any purposes other than those noted above) modification, distribution, re-publication, extraction, re-utilization, incorporation or integration with other Materials or works or re-delivery using framing technology, is strictly prohibited and is in violation of the proprietary rights of US Coaches Club, unless prior written permission of US Coaches Club has been obtained, or unless an appropriate form of license has been entered into with US Coaches Club.
Software Limited License
If you download any software from this website, the software, including any images or files incorporated in or generated by the software, and any data accompanying the software (collectively the "Software") are subject to the limited license set out above. You may not distribute, sell or transmit the Software, and you are not permitted to alter, modify or adapt the Software, including but not limited to translating, decompiling, reverse engineering, disassembling or creating derivative works, or to reduce the Software to any other form.
Hypertext links to this website by other users and websites are permitted provided that the link to this website is in a simple list of companies by pointing to US Coaches Club's home page www.uscoachesclub.com. This limited license entitles other users and websites to link to US Coaches Club home page only, and linking to other content on or information in this website is prohibited without US Coaches Club's express written consent.
Intellectual Property Rights Notice
US Coaches Club is the trademark of US Coaches Club Inc. All other trademarks, service marks, trade names and logos contained in this website belong to their respective owners.
US Coaches Club and/or its suppliers (as the case may be) retain all right, title, interest and intellectual property rights in and to the Materials and the Software. Nothing in these terms and conditions of use shall be construed as conferring by implication, estoppel or otherwise, any license or right under any copyright, patent, trade mark, database right, sui generis right or other intellectual property or proprietary interest of US Coaches Club, its affiliates or any third party.
Disclaimers
The content of the pages of this website is for your general information and use only. It is subject to change without notice. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and Materials found or offered on this website for any particular purpose. You acknowledge that such information and Materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
All use by you of this website is at your own risk. You assume complete responsibility for, and for all risk of loss resulting from, your downloading and/or using of, or referring to or relying on, Materials, Software, or any other information obtained from your use of this website. You agree that US Coaches Club will not be liable for damages arising out of your use or your inability to use this website, and you hereby waive any and all claims with respect thereto and whether based on contract, tort or other grounds.
This website is available to all users "as is" without any representations or warranties of any kind, either express or implied. US Coaches Club makes no representations, warranties or undertakings that this website, or the server that makes it available, will be free from defects, including, but not limited to viruses or other harmful elements. US Coaches Club accepts no liability for any infection by computer virus, bug, tampering, unauthorized access, intervention, alteration or use, fraud, theft, technical failure, error, omission, interruption, deletion, defect, delay, or any event or occurrence beyond the control of US Coaches Club, which corrupts or affects the administration, security, fairness and integrity or proper conduct of any aspect of this website. There are certain inherent risks in using the Internet and the World Wide Web. US Coaches Club makes no representations, warranties or undertakings about:
* Any of the Materials or Software on this website, including without limitation, their accuracy, their completeness or their merchantability, quality or fitness for any particular purpose; or
* Any content of or information on any other website referred to or accessed by hypertext link through this website or from which this website is referred to or accessed by hypertext link ("third party site"). US Coaches Club does not endorse or approve the content of any third party site, nor will US Coaches Club have any liability in connection with any third party site (including but not limited to liability arising out of any allegation that the content of or information on any third party site infringes any law or the rights of any person or entity). No judgment or warranty is made with respect to the accuracy, timeliness or suitability of the content of any third party site, and any and all liability, which might arise out of, or in connection with, your use or reliance on the content of or information on, or the performance of, any third party site is excluded.
Any content or information received on or via this website should not be relied on for important personal, financial or business decisions, and you should consult an appropriate professional for advice which is specifically tailored to your particular circumstances. You acknowledge and understand that US Coaches Club may have opinions from time to time with regard to any of the content of or information on this website which may be different from those obtained by using or accessing the content of and information on this website.
Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense. Your use of this website and any dispute arising out of such use of the website is subject to the laws of Minnesota.
US Coaches Club reserve the right to change the content, presentation, performance, user facilities and availability of any part of this website at its sole discretion, including these terms and conditions of use, and you should check these terms and conditions of use regularly for any changes. As part of this continuing innovation, you acknowledge and agree that US Coaches Club may stop (permanent or temporarily) providing the services (or any feature within the services) to you or to users generally at US Coaches Club's discretion, without prior notice to you. You acknowledge that US Coaches Club may replace its partners which provide third party services at any time, and from time to time, at its sole discretion, without obtaining your consent.
Limitation of Liability
To the fullest extent permitted by applicable law, neither US Coaches Club nor any of its directors, owners, agents, employees, affiliates or other representatives will be liable for loss or damages arising out of or in connection with your use of, or your inability to use, the Materials, Software and/or facilities or services offered through this website, including, but not limited to, indirect or consequential loss or damages, loss of data, income, profit or opportunity, loss of or damage to property and claims of third parties, even if US Coaches Club has been advised of the possibility of such loss or damages, or such loss or damages were reasonably foreseeable.
Data Protection and Privacy Statement
US Coaches Club and its associated companies respect your right to privacy. Visitors should be aware that each time they visit a website two general levels of information about their visit can be retained. The first level comprises statistical and other analytical information collected on an aggregate and non-individual specific basis of all browsers who visit the site, and the second is information that is personal or particular to a specific visitor who knowingly chooses to provide that information. US Coaches Club's policy is to respect and protect the privacy of our Customers and will never willfully disclose individually identifiable information about its Customers to any third party without first receiving that Customer's permission.
The statistical and analytical information provides us with general and not individually specific information about the number of people who visit this website; the number of people who return to this site; the pages that they visit; where they were before they came to this site and the page in the site at which they exited. This information helps us monitor traffic on our website so that we can manage the site's capacity and efficiency. It also helps us to understand which parts of this site are most popular, and generally to assess user behavior and characteristics in order to measure interest in and use of the various areas of the site.
This statistical and analytical information and data can be collected through the standard operation of our internet servers and logs as well as "cookies". "Cookies" are small text files that a website can use in order to recognize visitors who revisit a site so as to facilitate their ongoing access to and use of the site. It enables usage behavior to be tracked and aggregate data to be compiled that would facilitate more targeted advertising and improved content. Typically, cookies involve the assigning of a unique number to the visitor. Visitors should be aware that US Coaches Club is unable to control the use of cookies or the resulting information by other third parties such as advertisers or parties hosting data for US Coaches Club. One simple way to prevent the use of cookies it to activate the facility that is available in most web browsers that enables the user to deny or accept cookies. However, visitors should realize that certain cookies may be necessary in order to provide the visitor with certain features such as the customized delivery of certain information.
Throughout this website you may have an opportunity to send us information relating to you such as through the "contact us" pages or any other area where you may send e-mails, request brochures, enter contests or respond to any promotions. *By choosing to participate in these, you will be providing us with some level of personal information relating to you. This information will only be used by US Coaches Club for:
* the purposes for which it was provided by you;
* verification purposes and statistical analysis;
* to provide you with details of products, services, contests, competitions or promotions being provided or run by US Coaches Club or any of its associated companies or any third party that we may select and which we may think would be of interest to you, unless you have otherwise specifically opted not to receive this information.
Third Party Sites
Links are provided by US Coaches Club to other websites that offer goods and services for sale. When you place an order for the purchase of goods and services on those websites, your contractual relationship will be with the merchant selling those goods or providing those services and will be subject to the terms and conditions, if any, made available to you by the merchant. US Coaches Club will not be a party to any such contract and accepts no responsibility for non-delivery or delayed delivery of any such good or service (whether in whole or part) whether as regards the nature, quality or merchantability of such good or service, the fitness for the purpose for which they have been sold or for any other purpose.
Governing Law
This website is controlled and operated by US Coaches Club Inc. from Colorado, U.S.A. US Coaches Club does not make any representation that Materials Software and/or the facilities or services offered through this website are appropriate or suitable for use in countries other than the U.S., or that they comply with any legal or regulatory requirements of such other countries. In accessing this website, you do so at your own risk and on your own initiative, and are responsible for compliance with local laws, to the extent any local laws are applicable. It is prohibited to make this website, the Materials Software, and/or facilities or services offered through this website or any part of them, available in your country, or to you (whether by reason of nationality, residence or otherwise), this website, the Materials Software and/or facilities or services offered through this website or any part of them are not directed at you. These terms and conditions of use shall be governed by and construed in accordance with the laws of Colorado, and you hereby agree for the benefit of US Coaches Club, and without prejudice to the right of US Coaches Club to take proceedings in relation to these terms and conditions of use before any other court of competent jurisdiction, that the courts of Colorado shall have jurisdiction to hear and determine any action or proceedings that may arise out of or in connection with these terms and conditions of use, and for such purposes you irrevocably submit to the jurisdiction of such courts.
Termination/Access Restriction
You acknowledge that US Coaches Club reserves the right to terminate or delete your accounts or service within US Coaches Club that are "inactive" for an extended period of time. "Inactive" means that you have not signed into the US Coaches Club website service for an extended period of time, as determined by US Coaches Club, in its sole discretion. The amount of time that US Coaches Club currently considers as an "extended" period of time is 12 months.
TERMS AND CONDITIONS FOR SUBSCRIBERS
In order to avail of a subscription the subscriber must register with US Coaches Club and get a user name and password. The subscription will only be activated once payment details have been verified and an email address has been verified. We reserve the right to reject any application for subscription for any reason.
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 give to US Coaches Club will always be accurate, correct and up to date.
You agree to use the services only for purposes that are permitted by (a) this Agreement; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software).
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 US Coaches Club, unless you have been specifically allowed to do so in a separate agreement with US Coaches Club. 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).
You agree that you will not engage in any activity that interferes with or disrupts the services (or the servers and networks which are connected to the services). Unless you have been specifically permitted to do so in a separate written agreement with US Coaches Club, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the services for any purpose.
You agree that you are solely responsible for (and that US Coaches Club has no responsibility to you or to any third party for) any breach of your obligations under this Agreement and for the consequences (including any loss or damage which US Coaches Club may suffer) of any such breach.
You acknowledge and agree that if US Coaches Club disables access to your account, you may be prevented from accessing the services, your account details or any files or remaining credit or other content which is contained in your account, hence, US Coaches Club strongly recommends that you store any content you insert into the services at any time you access to the services.
Payment details
The services offered on the website require payment of fees. If you elect to sign up for services, you shall pay all applicable fees, as described on the website in connection with such services selected by you. US Coaches Club reserves the right to change its prices at any time and to charge for use of services that are currently available free of charge. You authorize US Coaches Club directly or through third parties, to make any inquiries it considers necessary to validate your account and financial information as provided while signing up for such services.
Payment must be made by credit card and in U.S. dollar denominated currency. If payment authorization is not received or if any authorization is subsequently cancelled we may immediately terminate or suspend your access to your subscription and may in appropriate circumstances contact the issuing bank and/or law enforcement authority/other appropriate third party.
The fees for the services shall be paid as follows (unless instructed otherwise in the terms attached to any such services):
Pay As you Go ("PAYG") You will be required to either provide US Coaches Club Inc. with your credit card number and other relevant information that will enable US Coaches Club to charge it, or provide US Coaches Club with your PayPal account or any other method of payment, in order for US Coaches Club to charge you for the services, at any time upon purchase of services by you, all in accordance with the prices and timing of payment as shall be provided in the website; or
You will provide US Coaches Club with valid and updated credit card information, or with a valid purchase order or alternative document reasonably acceptable to US Coaches Club. If you provide credit card information to US Coaches Club, you authorize US Coaches Club to charge such credit card for all services purchased by you through the website.
If any amount owing by you under this Agreement or any other agreement for any services is 30 or more days overdue (or 10 or more days overdue in the case of amounts you have authorized US Coaches Club to charge your credit card), US Coaches Club may, without limiting US Coaches Club' other rights and remedies, accelerate your unpaid fee obligations under such agreements so that all such obligations become immediately due and payable, and suspend your access to the services until such amounts are paid in full. We will give you at least 3 days prior notice that your account is overdue, before suspending services to you.
Unless otherwise stated, the fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including but not limited to value-added, sales, use or withholding taxes, assessable by any local, state, provincial, federal or foreign jurisdiction (collectively, "Taxes"). You are responsible for paying any and all Taxes associated with your purchases hereunder. If US Coaches Club have the legal obligation to pay or collect Taxes for which you are responsible under this paragraph, the appropriate amount shall be invoiced to and paid by you, unless you provide US Coaches Club with a valid tax exemption certificate authorized by the appropriate taxing authority. For greater clarity, US Coaches Club is solely responsible for taxes assessable against it based on US Coaches Club' income, property and employees.
Pricing errors
If a price is incorrectly stated whether online or otherwise we are not obliged to provide a subscription at that price and reserve the right to subsequently notify you of any pricing error. If we do this you may cancel the subscription without any obligation to us and you will be refunded any money paid in full.
Other Costs
The subscriber is responsible for any internet connection or other telecommunication charges incurred by accessing the site.
Cancellations and Refunds
There will be no refunds in the event of cancellation. In the event a module (class) is cancelled, the user will be reissued the credit(s) that were applied towards that particular module.
We reserve the right to suspend or terminate your subscription if you breach the terms and conditions with or without notice and without further obligation to you. You are not entitled to any refund in these circumstances.
Jurisdiction
The terms and conditions set out will be subject to Colorado law and to the extent possible in the applicable jurisdiction the parties agree that the Courts of Colorado will have the non exclusive jurisdiction to settle any dispute which may arise out of, under or in connection with US Coaches Club services and Materials.
Contacting Us
If there are any questions regarding this privacy policy you may contact us using the information below.
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