Terms of Use

Read These Terms of Use Agreement Before Accessing Website.

This is an agreement between you and Company. This Agreement sets forth the standards of use of the coachesHERE.com online service. BY REGISTERING WITH COMPANY OR USING THE SITE, YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. If you do not agree to the terms and conditions of this Agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this Agreement without prior notice. Modifications shall become effective immediately upon being posted at the site. Your use of this site following any such modification constitutes your acceptance of the modifications and agreement to follow and be bound by this Agreement as modified. If you do not agree to the modifications, you should cancel your account, terminate this Agreement and immediately cease use of the site. The last date these Terms of Use Agreement were revised was on October 1, 2009.

a. The term “account” shall mean all transactions occurring under your identification, password and username created by you for use of the site.
b. The term “Agreement” shall be read to be all-inclusive of Terms of Use Agreement, legal notices and Privacy Policy as posted on the coachesHERE.com website.
c. The term “Company” shall be read to be all-inclusive of coachesHERE.com, its parent companies, subsidiaries, affiliated companies, joint ventures, business partners and its employees.
d. The term “content(s)” shall mean the service, the site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the “coachesHERE.com” site.
e. The term “listing member(s)” shall mean a person and/or entity that has registered with and paying a monthly fee to coachesHERE.com.
f. The term “member(s)” shall mean: A person and/or entity who has registered with coachesHERE.com for free.
g. The term “Membership(s)” shall collectively refer to listing members and members.
h. The term “prospective client(s)” shall mean any person and/or entity inquiring about the services of a listing member and/or member.
i. Services:
j. The term “site” shall mean the internet location managed and owned by coachesHERE.com which includes its homepage, its files and all its content collectively
k. The term “submission(s)” shall mean any material, information, or data user transmits to coachesHERE.com or post to its site.
l. The term “user(s)” and/ or “you” shall mean any person and/or entity using this site for any purpose.
m. The term “your content” shall mean any and all addresses, phone numbers, descriptions, pictures, material, data, comments and other content provided to the site by user or posted to the site by user.

The singular number and the masculine gender, as used herein, also mean the plural, feminine or neuter, as may be appropriate.

You acknowledge that all transactions relating to merchandise or services offered by you through the site, including, but not limited to, the purchase terms, payment terms, warrantees, guarantees, maintenance and delivery terms for such transactions are agreed to solely between you and prospective clients.

 3. Description of Service: Company is providing Memberships with a site designed to allow them to promote their services to prospective clients by providing information and education about the coaching relationship. In addition, Company is providing listing members various promotions and support. The site acts as a communications venue for the exchange of information between Memberships and their prospective clients. Occasionally, listing members may receive newsletters, updates, information and notices, etc. with information that we deem to be of interest.

A Membership must provide: (1) 48 hour response to any inquire as to your services derived from this site; (2) free 15 minute initial consultation to a prospective client derived from this Site; or send, via email, something of equal value that will give the prospective client helpful information in regard to the Membership’s expertise in the area they coach in; (3) all equipment necessary for their own internet connection, including computer and modem; (4) provide for their own access to the internet; (5) pay any fees related with such connection; and (6) keep your listing up to date.

 4. User Conduct: You agree to use the site only for lawful purposes. You agree not to take any action that might compromise the security of the site, render the site inaccessible to others or otherwise cause damage to the site or content. You agree not to add to, subtract from, or otherwise modify the content, or to attempt to access any content that is not intended for you. You agree not to use the site in any manner that might interfere with the rights of third parties.

 5. Compliance with Laws: You assume all knowledge of applicable laws and are responsible for compliance with any such laws. You may not use the site in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violates any law or regulations.

 6. Modifications and Interruption to Service: You acknowledge and accept that Company does not guarantee continuous, uninterrupted or secure access to the site and operation of its site may be interfered with or adversely affected by numerous factors or circumstances outside of Company’s control.

Company reserves the right to modify or discontinue the service with or without notice to you for misuse of the site, failure to abide by the Agreement, failure to make payment – if applicable, or for any other reason at the sole discretion of Company. Company shall not be liable to you or any third-party should Company exercise its right to modify or discontinue the service to you.

 7. Disclaimer of Warranties: Company makes no representations of any kind whatsoever whether oral or written, express, implied, statutory or otherwise with respect to the site, the service, the content and also with respect to your goods and services. Company makes no warranty that the services will meet your requirements, or that the services will be uninterrupted, timely, secure or error-free, free of computer viruses or other harmful material or that defects in the site or the service will be corrected. Company does not warrant the accuracy or completeness of the content, or that any errors in the content will be corrected. The site, the service and the content are provided on an "As Is" and "As Available" basis.

The site may display trademarks owned by users and/or vendors. Displaying users and/or vendors trademarks does not constitute an endorsement or a recommendation of the owners of those trademarks. In addition, such use of trademarks or links to the web sites of vendors is not intended to imply, directly or indirectly, that those vendors endorse or have any affiliation with the Company.

Company is not responsible for the truth or accuracy of content of communications among users, whether accomplished through the use of the site or otherwise. Because user authentication on the internet is difficult, Company does not control, warrant, or guarantee that any user is who they claim to be or is not acting under false pretenses. Also, Company does not control, warrant, or guarantee that the Memberships will receive any particular number of leads, or solicitations, that prospective customers will enter into an agreement or will select them through the site.

 8. Limitation of Liability: IN NO EVENT WILL COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT; (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT; (IV) UNAUTHORIZED ACCESS OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (V) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, COMPANY’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.

9. Copyright and Trademark Information: The site and the Content are protected by U.S. and/or foreign copyright laws, and belong to Company, its affiliates, contributors or third-parties. The copyrights in the content are owned by Company or other copyright owners who have authorized their use on the site. You may download and reprint content for non-commercial, non-public, personal use only. You may not, but not limited to, without prior written permission of an authorized officer of Company: (i) manipulate or alter in any way images or other content on the site; (iii) use materials on the site, including reproduction for purposes other than those noted above; (iv) modify, distribute or replicate any content or form of data on the site. Further, you are strictly prohibited from (i) extracting or data mining, or other commercial exploitation of any kind, (ii) using any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein, (iii) using any of the marks or logos appearing throughout the site without permission from the trademark owner, (iv) using Company’s trademarks in connection with any product or service in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Company or the trademark owner.

In addition, you agree not to copy the layout, design, concept and organization of the site or services during the Agreement and for a period of five years after termination. This Agreement does not constitute a license to use Company’s trade names, service marks or any other trade insignia and any use shall be subject to Company’s prior written consent.

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Company designates the following individual as its agent for receipt of notifications of claimed copyright infringement. “legal@coachesHERE.com”

10. Indemnification: You understand and agree that Company shall not be liable to any user or any third-party should Company exercise its right to modify or discontinue your account. You further understand that you are personally responsible for your behavior on the site. You agree to indemnify, defend and hold harmless Company, and any third-party information providers to the site from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees and costs resulting from, all conduct and activities occurring under your user name and password and/or related to or arising out of your actions from misuse, your inability to use the site, the service, or the content, or any violation of this Agreement, or infringement by you, or other user of the service using your computer, of any intellectual property or any other right of any person or entity

11. Linking to this Site: You may link to the site, but you may not connect “deep links” to the site (i.e., create links to this site that bypass the home page or other parts of the site). You may not mirror or frame the home page or any other pages of this site on any other web site or web page.

12. Third-Party Sites: Our site may include links to various other third-party websites that are not owned and operated by Company. Such linked third-party sites are not under the control of Company; Company has not reviewed all of the sites linked to http://www.coachesHERE.com, and does not assume any responsibility or liability for the contents available at such linked site. The inclusion of any such link does not in any way imply referrals or endorsements by Company of the linked site; such links are provided for convenience only. Use of any such linked site is at the user's own risk. You acknowledge that Company is not responsible for the availability of, or the content located on or through any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and Company is not responsible therein. Company encourages all users to review said privacy policies of third-parties' sites.

13. User Supplied Information: Company does not want to receive confidential or proprietary information from you via the site. You agree that your content will be considered non confidential and non proprietary and that: (1) you guarantee to us that you have the legal right to post your content and that it will not violate any law or the rights of any person or entity, and (2) you give Company the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from your content, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.

14. Password Security: You are responsible for your Membership registration, for maintaining your confidentiality of your identification and password information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your Membership identification and password. You agree to notify Company immediately at legal@coachesHERE.com of any unauthorized use of your Membership identification and password or any other breach of security you learn about.

15. Registration Process: To be listed on site as a coach, you must complete the Company’s registration process and choose a method to pay your membership dues/charges, if applicable. You must provide your exact contact information so that prospective clients and Company can contact you. You may log in to the site, use the services or modify your information, only through your user name and password. You may not have more than one account with Company. By registering with Company, you certify that your content provided in the registration process is accurate and belongs to you.

Your receipt of an electronic confirmation from Company that your registration process is complete does not constitute an acceptance of your registration. Company may require additional verification information before accepting your registration and reserves the right at any time to decline, suspend, or terminate your account as set forth in this Agreement.

For more information regarding Company’s protection of your information, please consult Company’s Privacy Policy, which is incorporated herein by this reference.

16. Notices: Except as explicitly stated otherwise, all notices permitted or required under this Agreement shall be by email read receipt or by certified return mail to coachesHERE.com Customer Service, 6499 S. King’s Ranch Rd., Gold Canyon, AZ 85118, and to you at the email address you provide Company during the registration process with a read receipt, or to such other address you specify in writing for notice. Evidence of successful transmission shall be retained. Failure to maintain a working e-mail address or current physical address in your account constitutes a waiver of your right to receive this information.

17. Content/License: Company enables Memberships and users to provide content to its site. When you post your content on the site, you understand and agree that your content can be viewed and used by other users.

You represent and warrant that you own or otherwise control all of the rights to your content and that use of your content by Company will not infringe upon or violate the rights of any third-party. Before you post any of your content to site that is protected by intellectual property laws, you shall have acquired the legal right to do so from the owner or authorized licensee of such information or content.

By registering with Company and posting your content on the site, you hereby grant Company a non-exclusive, perpetual, irrevocable, unrestricted, transferable, fully sub licensable, worldwide, royalty-free license to use, distribute, display, reproduce, perform, modify, adapt, publish and translate from your content in any form, media or technology, whether now-known or hereafter developed.

18. Relationship of Parties/No Agency: Company is completely independent from you. This Agreement is not intended to and will not constitute, create, give rise to, or otherwise recognize a joint venture, partnership or formal business association or organization of any kind between the parties, and the rights and obligations of the parties will be only those expressly set forth in this Agreement. Nothing in this Agreement will be interpreted or construed as creating or establishing the relationship of employer and employee. Neither party shall have the right to bind the other party, transact any business in the other party’s name or in its behalf or incur any liability for or on behalf of the other party.

a. User is responsible for paying all applicable taxes for services and any other costs you incur through the use of or access to our servers.
b. All fees are quoted and payable in United States dollars.
c. You agree to be responsible for all membership dues, fees, or charges incurred on your account.
d. Monthly option Listing Member’s account will automatically be renewed on the first of each month.
e. Annual option Listing Member’s account will automatically be renewed on the annual calendar anniversary date of membership approval, subject to the conditions and fee structure then in effect.
f. Company accepts Visa, MasterCard, American Express and PayPal as forms of payment.
g. There is no surcharge for using your credit card to pay membership dues/charges.
h. If your credit card expires or otherwise declines payment your account will be immediately suspended without notice.
i. If your payment is more than thirty (30) calendar days past due an additional 15% of the balance, or the maximum allowable by law, whichever is less, may be assessed on the total amount owing.
j. You will remain liable for any outstanding account dues/charges or other monetary obligations incurred hereunder before cancellation or termination of your account.
k. You are responsible for your account’s dues/charges, including collection and legal fees the Company may incur in collecting a balance owed by you.

If you have questions and/or disputes in regard to the charges to your account, you must notify Company pursuant to this Agreement within 30 calendar days of the date of discrepancy. Failure to notify Company within the 30 days waives your right to dispute the status of your account. Your account may be canceled or terminated at any time in accordance with the terms of this Agreement. However, no portion of your outstanding or pending payments for membership dues/charges is refundable by Company.

20. Governing Jurisdiction: This site is operated and provided in the State of Arizona. As such, we are subject to the laws of the State Arizona, and such laws will govern this Agreement, without giving effect to any choice of law rules. We make no representation that our site or other services are appropriate, legal or available for use in other locations. No waiver by Company of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. You expressly consent to the personal jurisdiction of Arizona courts over you for any and all disputes relating to this Agreement, your use of the site, the service, or the content are governed by, and will be interpreted in accordance with the laws of the State of Arizona, without regard to any conflict of laws provisions Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State Arizona.

21. Term/Termination: This Agreement shall be effective for as long as you use the site. You may terminate this Agreement with or without cause, upon thirty (30) days notice. Company may terminate this Agreement immediately if, based on Company’s sole judgment, it determines that you have:

a. Breach of this Agreement.
b. Infringe or violate any intellectual property right, privacy policy, confidentiality agreements or contracts of employment of any party.
c. Assign your rights and obligations under this Agreement either directly or indirectly without the prior written consent of Company.
d. Post/transmit/link/promote any text, image, file, code, etc. that are sexually explicit, pornographic, racially or ethnically objectionable, grossly offensive to the online community, defamatory and libelous statements, statements that are intentionally false or misleading or other statements that would violate any third-party's privacy or any other content or material in violation of any applicable state, federal, or international laws, regulations or other government requirements.
e. Impersonate any person or using a name that you are not authorized to use.
f. Use of/or creating computer viruses.
g. Spamming, flaming, using botnets or other similar activities, including using information obtained from coachesHERE.com to communicate uninvited solicitations or to promote your products or services.
h. Violating the guidelines for academic honesty or other unethical behavior.
i. Violate system and network security.
j. Use of any device, software, or routine to interfere or attempt to interfere with the proper working of the site.
k. Misuse of system resources including, but not limited to, employing posts or programs which consume excessive CPU time or storage space; permitting use of mail services, mail forwarding capabilities, POP accounts, or auto-responders other than for your own account.
l. Use of site by scripts, machines or automated services.

Company reserves the right to modify or discontinue your account with or without notice to any user. Upon termination of this Agreement, the perpetual license you have granted to Company shall continue. Provisions, which by their nature would be expected to survive termination, shall survive and remain in full force and effect in accordance with their terms.

22. Arbitration: If a dispute arises under this Agreement, the parties agree to promptly notice each other of the dispute and work in good faith to attempt to resolve it. If they are unable to resolve the dispute, the unsatisfied party must commence arbitration within 90 days of the initial notice of dispute or waive all rights to dispute such claim. The arbitrator’s decision shall be binding upon the parties.

23. Non-Competition and Non-Solicitation: During the term of this Agreement and for a period of two (2) years following the termination of this Agreement, user and Memberships will not, directly or indirectly, own, manage, operate, control, be employed by, perform services for, consult with, solicit business for, participate in, render services for or be connected with the ownership, management, operation or control of any competitive business or divert or attempt to divert any user or Memberships of the site from doing business with Company or otherwise change its relationship with Company.