>> End User License Agreement for Private Coach 2
IN USING THIS WEBSITE AND THE PRODUCTS AND SERVICES PROVIDED THROUGH THIS WEBSITE AND UPLOADING DATA AND INFORMATION, YOU ARE AFFIRMING THAT YOU ARE 18 YEARS OF AGE OR OLDER. VISITORS TO THIS WEBSITE UNDER THE AGE OF 18 MAY NOT REGISTER OR OTHERWISE MAKE USE OF THIS WEBSITE.
Use of Website
The Company authorizes you to view and access a single copy of the content available on or from this website (the "Website") solely for your use.
This website may be used only for lawful purposes and may be used only for lawful purposes of accessing health and fitness information and services. The Company specifically prohibits any use of the website, and all users agree not to use the website, for any purposes other than designated by the Company, including but not limited to:
- The uploading or storage of files and information related to pornography, or that are defamatory, abusive, obscene, threatening, harassing, or racially offensive.
- Using any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website.
- Taking any action that imposes an unreasonable or disproportionately large load on this website 's infrastructure.
- If you have a password allowing access to a non-public area of this Website, disclosing or sharing your password with any third parties or using your password for any unauthorized purpose.
- Using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Website other than the search engine and search agents available from Company and other generally available third party web browsers.
- Attempting to decipher, decompile, disassemble or reverse engineer any part of this Website or the software comprising this Website.
- Aggregating, copying or duplicating in any manner any of the website content or information available from this Website.
- Framing of or linking to any of the Website content or information available from this Website.
- Participating in a denial-of-service attack against this Website or against any other website or computer environment by using this Website.
- Collecting or attempting to collect any information of others, including passwords and account or other information, or providing to or transmitting through this Website any material that is unlawful or violates the rights of others.
- Engaging in any screen scraping or data acquisition and consolidation.
- Copying or adapting the HTML, php, XML, java script or any other dynamic code that the Company creates to generate any Website content or the pages making up this Website.
- Infringing the intellectual property rights of others in any way.
- Making any unauthorized commercial or non-commercial use of this Website or the services offered hereunder.
You are solely responsible for the data and information that you input or upload to the website. The Company reserves the right in its sole discretion to decide whether the data and information that you input or upload to the website are appropriate and complies with these Terms and Conditions and other of the Company’s website policies.
By submitting content or information, including but not limited to your personal information to any public or non-public area of this website, you acknowledge that any such content or information is not confidential and that such content or information is accurate and true. You grant the Company the royalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), non-exclusive right (including any moral rights) and license, without restrictions of any kind, without any payment or other consideration of any kind, and without permission or notification to you or any third party, to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content and information (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also permit any visitor to the website to access, display, view, store and reproduce such content.
The content of a user’s posting is provided by the person posting such content, and the Company takes no responsibility for any content contained therein.
The Company has no obligation or responsibility to screen, control, monitor or verify the information posted by users, it cannot and does not represent or warrant the veracity, qualifications, skills, credentials, and experience of any user, it cannot authenticate, guarantee the appropriateness, accuracy, reliability or endorse information posted by users, nor does it have the obligation or responsibility to screen or monitor communications between users. Any reliance on user postings are at your own risk, and with the understanding that postings may contain content that, among other things, is deceptive. The Company does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any posting or endorse any opinions expressed in any posting. Caution, and appropriate consideration, is thus necessary when communicating with other on this website. You acknowledge that any reliance on the information posted by users is at your own risk.
The Company is not involved in the actual transaction between users. It does not and cannot be involved in user-to-user dealings or control the behavior of users on this website. Consequently, in the event that you have a dispute with another user, you release the Company and its agents, directors, officers and employees from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If You are a California resident in the United States, you waive California Civil Code d1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Because user authentication on the Internet is difficult, the Company cannot and does not confirm that each user is who they claim to be. The Company has no control over the quality and safety or legality of the information obtained through this website from other users. In addition, there are risks, including but not limited to the risk of physical harm, in dealing with strangers, foreign nationals, underage persons, or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through this website, and Company has no responsibility or liability for any transactions, online or offline, between you and any third party.
You hereby release and agree to hold harmless the Company, its directors, officers, employees, agents, successors, advisors, consultants, and assigns from any and all causes of action and claims of any nature resulting from your interaction with users using this website.
You grant the Company the non-exclusive worldwide right to publish and distribute content posted by you without any compensation. You retain the ownership and copyright to your postings. You may not use, duplicate, modify, distribute, or reproduce the content posted by others in any manner without their express permission. The Company is not a party to granting such permission and is not involved in any relationship, contractual or otherwise, between users of this service. If you believe that intellectual property rights have been infringed, you may notify the Company according to the notification procedures set forth in these Terms and Conditions.
The ability for user’s postings is provided on an as is and as available basis. The Company disclaims all responsibility and liability for the availability, timeliness, security or reliability of this service or the failure to store or transmit any content, and reserves the right to modify, suspend or discontinue this service with or without notice at any time and without any liability to you.
You represent and warrant that you have the rights to post information on this website, and that the information contained in any posting does not violate these Terms and Conditions, this website’s privacy statement, or the rights of any third party. You agree to hold harmless and indemnify the Company, and its subsidiaries, affiliates, officers, directors, agents, and employees from and against any third-party claim arising from or in any way related to your postings, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorney’s fees.
We appreciate hearing from our customers and welcome your comments regarding our services and the website. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those that we have specifically requested. While we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the "Submission"), the Submission shall be the property of the Company. None of the Submissions shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Submission. The Company shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to You or any other person who submitted the Submission.
Use of Website Content
For all visitors to the website, the content on the website and available through the website represents the information as at the date of publication. As conditions change, the Company reserves the right to alter and update the content to reflect the new conditions.
The Company does not assume any responsibility for errors, inaccuracies or omissions in any of the articles or information posted on the website, or in the information provided to users through the software, and the Company assumes no responsibility or liability whatsoever on the behalf of any person who directly or indirectly acts on the information contained on or offered through this website.
The website content and other materials provided by the Company and other third parties may contain inaccuracies, omissions or typographical errors and the Company does not assume any responsibility for such inaccuracies or omissions or typographical errors.
This website and other materials provided by the Company and other third parties may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. Further, the Company is not responsible if information that made available on this website and in other materials provided by the Company is not accurate, reliable, complete, timely, or current. Any reliance upon the material on this site will be at your own risk. The Company reserves the right to modify the contents of the website and other materials provided by the Company at any time, but the Company has no obligation to update any information on this website or in other materials provided by the Company. You agree that it is your responsibility to monitor all such changes.
The information on the website and other materials provided by the Company represents the views of the Company as at the date of publication. As conditions change, the Company reserves the right to alter and update the content to reflect the new conditions.
The advice and information contained on this website and in the software available through this website might not be suitable for your own personal circumstances. The advice and information is offered with the understanding that the Company assumes no responsibility or liability whatsoever on the behalf of any user or purchaser of software who directly or indirectly acts on the information contained therein.
Registration and Password
You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify the Company of any unauthorized use of your registration or password.
"The Company", "Digital Environment", "Private Coach" and any other Company trademarks and trade names, and any variations thereof, are and shall remain the trademarks and trade names and exclusive property of the Company, and any unauthorized use of such trademarks and trade names is unlawful. Other trademarks on this website are the property of their respective owners, and may not be used by you in any form.
All content on this website, including without limitation all programs, complied binaries, interface layout, interface text, documentation and graphics, is the copyrighted property of the Company and is protected by international copyright law. The content on this website may be used by you only for your use as provided for in these Terms and Conditions, but may not be taken out of context or presented in a misleading or discriminatory manner. We reserve any rights not expressly granted to you.
You must retain all copyright, trademark, service mark and other proprietary notices contained in the original website content on any copy you make of the Website Content. You may not sell or modify the website content or reproduce, display, publicly perform, distribute, or otherwise use the website content in any way for any public or commercial purpose. The use of the Website Content on any other website or in a networked computer environment for any purpose is prohibited.
The Company respects the intellectual property of others, and we ask our users, account holders and content partners to do the same. The unauthorized reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owner’s rights. As a condition to your use of this website, you agree not to use the website to infringe the intellectual property rights of others in any way. We will terminate the accounts of any account holders, and block access to our website of any users who are repeat infringers of the copyrights or other intellectual property rights of others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the account holder who is terminated or to the user whose access is blocked.
Identification of Agent to Receive Notification and Elements of Notification of Claimed Copyright Infringement
If you believe that your copyrighted work has been uploaded, posted or copied to this Website and is accessible on this Website in a way that constitutes copyright infringement, please notify us by providing our designated copyright agent with the following information:
1. The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf;
2. A description of the copyrighted work you claim has been infringed, and a description of the activity that you claim to be infringing;
3. Identification of the URL or other specific location on this website where the material or activity you claim to be infringing is located or is occurring; you must include enough information to allow us to locate the material or the activity;
4. Your name, address, telephone number and, if you have one, your e-mail address;
5. A statement by you that you have a good faith belief that use on the website of the copyrighted work in the manner You are complaining of is not authorized by the copyright owner, any agent of the copyright owner, or the law; and
6. A statement by you, made under penalty of perjury, that the information you have provided in your notice is accurate and that you are either the copyright owner or are authorized to act on behalf of the copyright owner.
We have designated Martin Menzel as our agent to receive notices of claims of copyright infringement on our website. You can contact Martin Menzel as follows:
Mail: 14933 McVay Ave, San Jose, CA 95127
Telephone: +1-408-493-5253 (Mon-Fri 9:00 am - 5:00 pm PST)
The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to immediate termination of your registration with or ability to access this Website and/or any other service provided to you by the Company, upon any breach by you of these Terms and Conditions or Privacy Statement, or if the Company is unable to verify or authenticate any information you submit to the Website.
Additional Terms and Conditions
The Company makes no claims that the website content may be lawfully viewed or accessed outside of the United States. Access to the website content may not be legal by certain persons or in certain countries. If you access the website from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
These Terms and Conditions, the website’s Privacy Statements, Disclaimer, and other relevant documents and agreements constitute the entire agreement between you and the Company with respect to the use of website. No changes to these Terms and Conditions shall be made except by a revised posting on this page.
In addition, without limiting any of the other disclaimers of warranty set forth in these Terms and Conditions, the Company does not provide or make any undertaking as to the quality or nature of any of the products or services purchased through this website, or any other representation, warranty or guaranty.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California applicable therein, without regard to conflict of laws. The parties consent to the exclusive jurisdiction of the courts of, and venue and situs of the State of California.
This Agreement is accepted upon your use of the website and is further affirmed by you registering on the website.