Sports Coaching | Optimal Cycling
1. Content Use.
2. Intellectual Property Rights
a. All copyrights, patent rights, trademark, service mark, database rights, domain names and other intellectual property rights in all Website Materials, including text, graphics, logos, button icons, images, audio clips, software, presentation of content (including collection, arrangement and assembly) are property of Sports Coaching or its suppliers and are protected by English, U.S. and/or international law. Unless otherwise expressly stated, nothing herein shall be construed as conferring by implication, estoppel or otherwise any license or right to use any copyright, patent, trademark, service mark, database or other intellectual property right of Sports Coaching or any third party.
b. Notification of any claimed copyright infringement by any material on the Website should be sent to Sports Coaching's designated agent:
Tel: +44 (0)145 354 2174
3. Provision of the Website and the Website Materials
a. Sports Coaching retains the right to stop making the Website available at any time, without notice to you, at its sole discretion. Sports Coaching retains the right to add, delete, change or modify the Website Materials and/or any other features or services of the Website at any time, without notice to you, at its sole discretion. Sports Coaching may establish rules and limits concerning the amount, manner and duration of use of the Website.
4. No Responsibility for Third Party Websites
The Website may contain links to third-party websites not under the operation or control of Sports Coaching. Sports Coaching provides such links as a convenience only and does not endorse and shall not be responsible for the contents of any linked websites. You should review the terms and conditions posted on any linked website before using any services offered by third parties on such sites.
5. Compliance with Law
It is your responsibility, and you agree to comply with all applicable laws with respect to your use of the Website. Sports Coaching makes no representation that the Website or the Website Materials are appropriate for access from outside the United Kingdom. If you choose to access the Website from outside the United Kingdom you are responsible for compliance with any applicable local law.
6. High Risk Activities
In no event is the Website or any Website Material intended for use in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, life support machines, or weapon systems, in which the failure of any such information, product or service could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). You are not authorized to use any such information, product or service in High Risk Activities and you agree not to do so.
7. Abusive Uses
b. You agree not to use the Website to point to or direct traffic to any web site or location that creates, distributes or stores material that:
* Violates trademark, copyright, trade secret or other intellectual property law;
* Violates the privacy, publicity or other personal rights of others;
* Violates export control laws;
* Impairs the privacy of communications;
* May be threatening, abusive, racist, discriminatory or hateful, pornographic or indecent, defamatory, or constitute a terrorist act; or
* Encourages conduct that would constitute a criminal offense or give rise to a civil liability, including through e-mails, SIP messages or bulletin board or chat room postings.
c. You agree not to:
* Post a single article or substantively similar articles to an excessive number of newsgroups (which may, by example, include deliveries to more than 10 newsgroups under certain circumstances) or continually post of articles which are off-topic (e.g., off-topic according to the newsgroup charter, or the article provokes complaints from the readers of the newsgroup for being off-topic) using a Sports Coaching-hosted domain, or posting such messages through a Sports Coaching Service.
* Send unsolicited e-mails, bulk commercial advertisements or informal announcements (which may, by example, include deliveries to more than 10 individuals) ("Spamming"), whether or not such activities provoke complaints from the recipients.
* Engaging in Spamming and using Sports Coaching as a return address point.
You are entirely responsible for all content and information you deliver (directly or indirectly) to or through the Website. Sports Coaching accepts no responsibility for any content or information posted by users, does not guarantee or warrant any such content or information, and does not undertake to update such information, except as set forth in Section 12 below.
9. Consequences of Unacceptable Use
11. Use of Non Personally Identifiable Information
By using the Website you agree that Sports Coaching has the right to collect non-personally identifiable information about your visit. Such information may include, without limitation, the number of visitors to the Website, which Internet browser you use to access the Website and which domains or IP addresses you come from. You agree that Sports Coaching has the right to use this information as it sees fit, including by providing such information to third parties located within or without the United Kingdom.
12. Use of Personally Identifiable Information
c. Please note, any information you post in any online forum or chat room will be made available to other users and you should not post any information you do not wish to make public.
A cookie is a small data string used to deliver personalized Web content, and may be used to control access to our Website. The cookies used by Sports Coaching and third parties advertising on or through the Website are not designed to access or otherwise compromise the data on your hard drive. You can choose to change your browser settings to disable cookies if you do not want us to establish and maintain your user information automatically. Please be aware that cookies may be required to complete certain functions on the Website.
Sports Coaching uses commercially reasonable measures to protect personally identifiable information about you from unauthorized access by third parties and to protect against loss, misuse or alteration of information under the control of Sports Coaching.
16. Mail Policy
You will only receive mailings unrelated to our services if you explicitly request them from us. We will not send you mailings relating to Sports Coaching unless you agree, and each message will provide you an option to unsubscribe.
17. Disclaimer and Limitation of Liability
a. The Website is provided on an "as is" and "as available" basis. Sports Coaching makes no representations or warranties of any kind, express or implied, as to the operation of the Site or the Website Materials.
b. To the full extent permissible by applicable law, Sports Coaching disclaims all warranties, express or implied, including but not limited to implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement. Sports Coaching does not guarantee continuous, uninterrupted or secure access to its Site, and operation of the Site may be interfered with by numerous factors both within and outside of Sports Coaching's control, including but not limited to routine or unscheduled maintenance, failure of electronic or mechanical equipment or communications lines, hardware, software or computer malfunctions. Sports Coaching does not guarantee the accuracy, timeliness or completeness of any information on the Website or the results of your use of the Website. Sports Coaching does not guarantee that the Website or the Website Materials are free from viruses, worms, trojan horses, cancelbots or other destructive materials.
c. YOU AGREE THAT SPORTS COACHING WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SPORTS COACHING'S AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF ITS LICENSORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $1000. Notwithstanding the foregoing, Sports Coaching does not limit its liability for death or personal injury due to its negligence or for fraudulent misrepresentation.
You agree that Sports Coaching shall have the right to assign its rights and delegate its duties hereunder together with its transfer of the Website to any third party.
20. Scope of Relationship
22. Governing Law and Venue
Tel: +44 (0) 145 354 2174