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Sports Coaching
Terms of Use and Privacy Policy
Sports Coaching
appreciates having you visit Sports Coaching website
(the "Website"). The Website is subject to the following
terms and conditions (the "Terms of Use"). If you
decide to use the Website, your use constitutes an agreement
to the Terms of Use. These Terms of Use are binding and set
forth the legal rights and obligations of you and of Sports
Coaching, so please read them carefully and, if you do
not agree to the Terms of Use and Sports Coaching privacy
policy set forth below (the "Privacy Policy"), you
are not authorized to use the Website and should not do so.
In addition, by using the Website you represent to Sports
Coaching that you are at least 18 years of age.
In addition, Sports
Coaching may amend these Terms of Use and the Privacy
Policy at any time by posting the amended terms on the Website,
and such amended Terms of Use and/or Privacy Policy shall
be effective once posted. If you continue to use the Website
after such time, your use shall constitute an agreement to
such amended Terms of Use and Privacy Policy. You can view
the current versions at any time by clicking on the hyperlink
labeled "Terms and Conditions of Use and Privacy Policy."
You may terminate your account at any time if you do not agree
to any amended Terms of Use and/or Privacy Policy by sending
an e-mail to info@sports-coaching.com.
1. Content Use.
The content and
software provided on the Website (the "Website Materials")
may be used only as provided in these Terms of Use. Sports
Coaching hereby grants you a limited, revocable, nonexclusive,
nontransferable license to use the Website and the Website
Materials in accordance with these Terms of Use and to make
printouts of web pages included in the Website for your own
internal use. Any other use, including the reproduction, modification,
distribution, transmission, republication, decompiling, reverse
engineering or performance of or creation of derivative works
from the Website Materials is strictly prohibited. Notwithstanding
the foregoing, no exclusion is made of any rights under Sections
50(A), 50(B) or 50(D) of the Copyright Designs and Patents
Act 1988.
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:
John Capelin
Sports Coaching
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.
b.
Sports Coaching has the right to terminate your account
and/or your right to use the Website without notice to you
for any breach or violation of these Terms of Use or for any
activity which adversely impacts the performance of the Website
or the provision of services to other users.
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
a.
You agree not to disrupt the normal use of our system or engage
in any abusive uses, or facilitate, aid or encourage any such
abusive uses. You agree not to make any attempt to penetrate
Website security, and any such attempt may be notified to
the appropriate law-enforcement agencies. You agree not to
use the services of another provider in order to facilitate
any breach or violation of these Terms of Use.
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.
8. Content
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
In addition to its
rights under Section 3, Sports Coaching reserves
the right to suspend your account and/or your right to access
the Website for any breach or violation of these Terms of
Use and to suspend your account while investigation of any
possible breach or violation thereof. In addition, Sports Coaching reserves the right to condition
your continued use of the Website upon your correction of
any violation of these Terms of Use. You agree that any indirect
or attempted breach or violation by yourself or by any third
party on your behalf shall be considered a violation by you.
10. Privacy
Sports Coaching respects your right to privacy. Therefore,
all information that Sports Coaching collects
from you shall be subject to the following Privacy Policy.
In the event of any change to the Privacy Policy pursuant
to the preamble, above, Sports Coaching will
provide you with an opportunity to opt-out before using any
information collected in a manner permitted by the amended
Privacy Policy but not under the unamended Privacy Policy.
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
a.
Sports Coaching does not collect any
personally identifiable information about you (such as your
name or street address) unless you provide it to us. In the
event Sports Coaching requests or makes available
a means for you to provide personally identifiable information,
it will provide notice of the use Sports Coaching
will make for such information and whether such information
may be transmitted to certain categories of third parties.
Sports Coaching will not use any personally
identifiable information you provide for any other purpose
without your permission except as may be required pursuant
to law or regulation, as is necessary to investigate, identify,
contact or bring legal action against a person or entity who
may be violating the Terms of Use, or who may be causing injury
to, or interfering with, other users of the Website, or other
third parties who may be harmed by such activities. In the
event that, or all or part of the assets of Sports Coaching, are acquired by a third party, personally
identifiable user information may be included in the transferred
assets.
b.
Sports Coaching may provide registration forms that
relate to the services it offers. The forms require users
to give us accurate contact information (like name and e-mail
address.) Such personally identifiable information shall be
used by Sports Coaching for the purpose of interacting
with you regarding your use of our services. In the forms,
some of the personal information data fields will offer you
an election to make a data item public. If you agree, we will
allow "whois"-like applications to look up the data.
In the event you wish to correct, update or amend any information
you have provided to Sports Coaching, please e-mail
info@sports-coaching.com.
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.
13. Cookies
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.
14. Security
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.
15. Privacy Policy
Inapplicable to Third Party Websites
This Privacy Policy
does not apply on third party websites linked to through Sports Coaching. Please be sure to check the privacy
policies of any third party websites before use.
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.
18. Indemnity
You agree to indemnify
and hold Sports Coaching, and its affiliates,
and its and their officers, agents and employees, as well
as Sports Coaching's licensors and other
third parties with which Sports Coaching
contracts, harmless from and against any and all claims, demands,
actions, costs, and/or expenses (including reasonable attorneys'
fees) incurred by or against such persons or entities arising
out of or resulting from any information you submit, post
to or transmit through the Website, your use of the Website
(including without limitation any use in violation of any
law), your connection to the Website, your violation of these
Terms of Use or your violation of any rights of a third party.
19. Assignment
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
No agency, partnership,
joint venture or employment relationship is intended or created
between you and Sports Coaching as a result
of these Terms of Use. Neither party is authorized to create
or enter into any obligation, express or implied, on behalf
of the other party, nor to exercise any control over the other
party's methods of operation.
21. General
If any provision
of these Terms of Use is held to be invalid or unenforceable,
such provision shall be struck and the remaining provisions
shall be enforced. Headings are for reference purposes only
and in no way define, limit, construe or describe the scope
or extent of such section. Failure to act with respect to
a breach or violation of these Terms of Use does not constitute
a waiver of any rights with respect to such breach or violation
or a waiver of any right to act with respect to subsequent
or similar breaches. These Terms of Use set forth the entire
understanding and agreement between you and Sports Coaching with respect to the subject matter hereof.
The Contracts (Rights of Third Parties) Act of 1999 shall
not apply to these Terms of Use. No person who is not a party
to these Terms of Use (including any employee, officer, agent,
representative or subcontractor of either party) shall have
the right (whether under the Contracts (Rights of Third Parties)
Act 1999 or otherwise) to enforce any term of this Agreement
which expressly or by implication confers a benefit on that
person without the express prior agreement in writing of the
parties, which agreement must refer to this clause.
22. Governing
Law and Venue
These Terms of Use
shall be governed by and construed in accordance with the
laws of England and Wales, without regard to principles of
conflicts of laws and without reference to the United Nations
Convention on Contracts for the International Sale of Goods.
Any legal proceedings shall be brought only in a court sitting
in London. Each party hereby submits to the exclusive jurisdiction
of such courts. Except for any claims for indemnity pursuant
to Section 18, you agree that, regardless of any statute or
law to the contrary, any claim or cause of action arising
out of or related to any Website Material, the Website or
these Terms of Use must be filed within two years after such
a claim or cause of action arose or be forever barred. You
agree that any breach or threatened breach of these Terms
of Use by you is likely to cause Sports Coaching
damage that is not fully reparable by payment of damages,
and you further agree that in such a case Sports Coaching shall be entitled to seek and obtain injunctive
or other equitable relief to protect its rights hereunder.
Sports
Coaching
Tel: +44 (0) 145 354 2174
http://www.sports-coaching.com
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