TERMS AND CONDITIONS
Introduction
This site is owned and operated by Coaching Matters, LLC. (“Coaching Matters”). These terms of use apply to and govern use by you and any authorized user of your account of this site, including all services provided therein (“site”). Your use of this site signifies your agreement to be bound by these terms of use. If you do not agree to be bound by these terms of use, do not access or otherwise use this site.
Coaching Matters reserves the right, at its sole discretion, to change, modify, add or remove any portion of this site or these terms of use, in whole or in part, at any time. Changes to these terms of use will be effective when posted. You agree to review these terms of use periodically to be aware of any changes. Your continued use of this site after any changes to these terms of use are posted will be considered acceptance of those changes. Before using this site, review the Coaching Matters Privacy Policy. In addition, when using particular Coaching Matters owned or operated services, you shall be subject to any posted guidelines or rules applicable to such services. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.
1. Privacy
Please review our Privacy Policy which governs your use of Coaching Matters services to understand our practices. Any personal data (for example, your name, address, telephone number, or email address) you transmit to the site by electronic mail or otherwise, will be used in accordance with Coaching Matters’s Privacy Policy.
2. Copyright, Trademarks, and Database Rights
The Site contains copyrighted material, trademarks and proprietary research of Coaching Matters including but not limited to text, software, photos, video, graphics, music and sound, and the entire contents of the Site are copyrighted as a collective work under United States and international copyright, authors’ rights and database right laws. All rights reserved. Accordingly, international and domestic laws and penalties guaranteeing patent, copyright, trademark and trade secret protection safeguard the ideas, concepts, and recommendations related within this site.
Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Coaching Matters and/or the copyright owner. Coaching Matters news articles, reports, and graphs may only be downloaded for your personal use. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Any reference whatsoever to the Coaching Matters news articles, reports and graphs, in whole or in part, on any webpages must provide a link back to the original content in its entirety. Except as expressly provided herein, the transmission of this content shall not be construed to grant a license of any type under any copyright or trademarks owned or controlled by Coaching Matters.
3. Your Account
To access some Coaching Matters Sites or content, you may be asked to create an account. You are responsible for maintaining the confidentiality of your account and password you are responsible for all acts or omissions that occur while your password or account is used. You may not use the Coaching Matters Site, or any Coaching Matters Site content for any unlawful purpose. You agree to notify Coaching Matters immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit your account at the end of each session. Coaching Matters is not liable for any loss or damage arising from your failure to protect your password or account information. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account at Coaching Matters’s sole discretion, and Coaching Matters may refer you to appropriate law enforcement agencies.
4. Use By Minors
The site is intended for use by adults only. In connection with the site, Coaching Matters does not promote online to children and does not intentionally collect any personally identifiable information from children under the age of 13.
5. User Submissions
Any material, information or other communication you transmit or post to this site will be considered non-confidential and non-proprietary communications. Coaching Matters shall have no obligations with respect to the communications, except as may be set forth in the Privacy Policy. Coaching Matters and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use the communications and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes. No compensation will be paid with respect to the use of your submission. Coaching Matters is under no obligation to post or use any submission you may provide and Coaching Matters may remove any submission at any time in its sole discretion.
6. Disclaimer of Warranties
You understand Coaching Matters cannot and does not guarantee or warrant that files available for downloading through the site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient safeguard to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the site for the reconstruction of any lost data. You assume total responsibility and risk for your use of the site and the Internet.
THE SITE IS PROVIDED “AS IS” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, COACHING MATTERS DISCLAIMS ANY WARRANTIES THAT THE SITE OR MERCHANDISE, INFORMATION OR SERVICES PROVIDED THROUGH THE SITE ARE FREE OF DEFECTS, VIRUS FREE AND DISCLAIMS ANY WARRANTIES FOR THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE. YOUR USE OF THIS WEBSITE IS SOLELY AT YOUR OWN RISK.
YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY DIGITAL CONTENT TO COACHING MATTERS IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE RELATED THERETO.
It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the site or on the Internet generally. Coaching Matters does not warrant that the site will be uninterrupted or error-free or that defects in the site will be corrected. The site and any software made available on the site are provided on an “as is, as available” basis. The documents and related graphics published on this site may include technical inaccuracies or typographical errors. Changes are periodically made to the information herein. Coaching Matters and/or its respective suppliers may make improvements and changes in the product(s) or the program(s) described herein at any time.
Some links on this site may let you leave Coaching Matters’ site. The linked sites are not under the control of Coaching Matters and Coaching Matters is not responsible for the contents of the linked site, any linked site contained in a link site, or any changes or updates to such sites. Coaching Matters provides links to you only as a convenience, and the inclusion of any link does not imply endorsement by Coaching Matters of the site. You understand further that the Internet contains unedited materials some of which are sexually explicit or may be offensive to you. You access such materials at your risk. Coaching Matters has no control over and accepts no responsibility whatsoever for such materials.
7. Limited Liability/Damages
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL COACHING MATTERS BE LIABLE FOR ANY CLAIM, LIABILITY, EXPENSE OR DAMAGE (WHETHER ACTUAL, INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL) RELATING TO THE INFORMATION APPEARING ON THE SITE OR THE USE OF, OR THE INABILITY TO USE, THE SITE, THE SITE MATERIALS, OR THE SOFTWARE, EVEN IF COACHING MATTERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
COACHING MATTERS DISCLAIMS ANY AND ALL LIABILITY FOR ACTS, OMISSIONS, AND CONDUCT OF ANY USERS AND ADVERTISERS AND/OR SPONSORS ON THE SITE. YOU AGREE THAT COACHING MATTERS SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY DEALINGS WITH ADVERTISERS FOUND ON OR THROUGH THE WEBSITE, OR AS A RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE WEBSITE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL COACHING MATTERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE OR USING THE SERVICES OFFERED ON THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, COACHING MATTERS’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
8. Indemnification
You agree to indemnify, defend and hold harmless Coaching Matters, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the site from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement by you.
The provisions of these Terms of Use are for the benefit of Coaching Matters and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
9. Termination
You understand and agree that Coaching Matters may, in its sole discretion and at any time, terminate your username and password, any account created on the site, or use of any forum, and discard and remove any content posted or submitted by you to any forum, for any reason. Coaching Matters may also, in its sole discretion and at any time, discontinue any forum or limit or restrict any users access thereto, for any reason. You understand and agree that Coaching Matters take any one or more of these actions without prior notice to you. Should Coaching Matters take any of these actions, it may, in its sole discretion, immediately deactivate and/or delete any or all information about and concerning your account, including information submitted for registration on the site and submitted content. YOU UNDERSTAND AND AGREE THAT COACHING MATTERS SHALL NOT HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY TERMINATION OF YOUR ACCESS TO ANY FORUM AND/OR THE REMOVAL OF INFORMATION CONCERNING YOUR ACCOUNT.
10. Export Limitations
Products or Services purchased from Coaching Matters (including course materials, access codes, or training materials) may be subject to customs and export control laws and regulations. You agree to comply with all international and national laws and regulations that apply to you in relation to such products or services.
11. Applicable Law
These Site Terms of Use and Sale are governed by and construed in accordance with the laws of Virginia. The parties (You and Coaching Matters) submit to the exclusive jurisdiction of the courts of Virginia over any dispute or non-contractual obligation arising out of or relating to this Site Terms of Use and Sale Agreement.
12. Arbitration PLEASE READ THIS SECTION CAREFULLY — IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
In the event of any dispute, claim, question or disagreement arising from or relating to this Agreement or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, the parties shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If the parties do not reach such solution within a period of thirty (30) days, then, upon notice by either party to the other, disputes, claims, questions, or disagreements shall be settled by binding arbitration administered by the American Arbitration Association in accordance with the provisions of its commercial dispute resolution rules, unless You are a government agency or political subdivision in a State or jurisdiction for which binding arbitration is expressly not allowed by law.
13. Rights of Cancellation, Exceptions to Cancellation and Return Policies
We want to make sure that you are completely satisfied with the products you purchase from Coaching Matters. You can return most new, unused products purchased directly from Coaching Matters within 30 days of receiving them following the process outlined below.
All refunds will be made to your original payment method only. Please contact your payment provider with questions about when the credit will be posted to your account, as processing times may vary. Returns will be accepted outside the 30-day return period only in cases where state, regional or national laws mandate a longer return period.
If you are purchasing goods to be shipped, you shall have the right to cancel your order at any time before the goods are dispatched for delivery and a full refund shall be provided. You shall be responsible for all costs associated with the return of goods to Coaching Matters. The cost of goods purchased less any shipping costs incurred by Coaching Matters shall be refunded.
Physical Products: Books, kits, learning materials and other physical products can be returned within 30 days if they are new and unused. All components of kits or bundles must be returned intact. Books with open or damaged code packets, items that are used or worn, and customized products cannot be returned.
14. Contacts
For any additional questions concerning the terms specified on this page, contact Coaching Matters: info@coachingmatters.biz.