Welcome to CoachHQ and thank you for accessing our services and products. The services and products available on and through this website (the “Services” and the “Site”) are provided by CoachHQ, SP (“CoachHQ”). “Services” and “Products” refer to any digital downloads or subscriptions purchased from CoachHQ.
Your use of the Services and Products is governed by these terms and conditions (this “Agreement”). By using the Services and Products, you agree to be bound by this Agreement, whether you are a visitor, which means that you browse the Site or any of its applications, or you are a user that has paid for subscriptions or products. CoachHQ may modify this Agreement from time to time and such modification shall be effective once updated on the Site. You agree to be bound to any changes to this Agreement when you use the Services after any modification to this Agreement has been updated. This means that it is important that you review this Agreement regularly to ensure you are updated as to any changes.
The term “User” refers to any visitor or user of the Services or Products, unless provided otherwise. You are only authorized to use the Services and Products if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Site or any of its applications and discontinue use of the Services and Products immediately.
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
1. Accounts and Outside Services
When you purchase Products or Services you will also be asked to create a Dropbox account and Windows Live account. You will also use YouTube as part of our film-editing service. We are in no way affiliated with YouTube, Microsoft, or Dropbox. We bear no responsibility for any changes with these services that may affect your use of CoachHQ Products and Services. We also retain the right to discontinue the use of Products or Services if they are no longer commercially viable due to changes to services by YouTube, Microsoft Excel, and Dropbox. You are entirely responsible for maintaining the confidentiality of your passwords. You agree not to use the accounts, usernames, or passwords of another User at any time or disclose your password to any third party. You agree to notify us immediately if you suspect any unauthorized use of your accounts or access to your password. You are solely responsible for any and all uses of your accounts.
In order to participate in certain Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Any such additional terms are hereby incorporated by reference into this Agreement.
2. Satisfaction Guarantee
CoachHQ will not provide refunds after 30 days have passed since the purchase of CoachHQ Products or Services. CoachHQ retains the right to cancel the Film-Editing Service at any time. If CoachHQ cancels Film-Editing service, the User will be reimbursed the amount remaining on their subscription. This amount will be up to the discretion of CoachHQ.
3. Limited License.
CoachHQ authorizes you to download and copy materials on this Site to your hard drive solely for the purpose of viewing and using the Services on your computer. You may also print portions of the Site in hard copy for the sole purpose of facilitating your personal, noncommercial use and retention of information from the Site. You may not sell or modify the material or reproduce, republish, display, publicly perform, distribute, or otherwise use the material in any way for any public or commercial purpose. Unauthorized use of the Services for any other purpose is prohibited. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Site or the Services and Products. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users. You may not use any robot, spider, other automatic device, or manual process to monitor or copy our Site or its content without our prior written permission.
4. User Content.
CoachHQ does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, “Content”) that you share with others or upload to the Site and/or through the Services (“User Generated Content”). After uploading your User Generated Content to the Site and/or through the Services, you continue to retain all your ownership rights in such User Generated Content.
You are solely responsible for any third party Content in your User Generated Content and for the use of the User Generated Content, including on our Site and through the Services and Products. We reserve the right to remove such content or your User Generated Content if required by such third parties.
In addition, the Site and/or Services may contain sporting event Content, under license to CoachHQ from one or more third parties, in which User is featured and/or visible (“User Featured Content”) (together, with User Generated Content, “User Content”).
You grant us and our licensees, distributors, agents, independent contractors, representatives and other authorized users (collectively, the “CoachHQ Entities”), a perpetual, non-exclusive, irrevocable, royalty-free, sub-licensable and transferable (in whole or part) worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit such User Content, in whole or in part, in all media formats and channels now known or hereafter devised (including on CoachHQ Sites, on third party web sites, cable networks and stations, broadband and wireless platforms, products and services) for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity (the “Content License”). You appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm, fully utilize, or enforce the grant of rights, consents, agreements, assignments and waivers set forth in this Agreement.
You represent to us that:
- (i) you own the User Generated Content posted by you or otherwise have the legal right to post the User Generated Content,
- (ii) the posting of your User Generated Content on or through the Services does not violate the privacy rights, publicity rights, intellectual property rights (copyrights, patents, trademarks), contract rights or any other rights of any person or entity, and
- (iii) you have provided your consent to the use of User Featured Content to your school and/or applicable athletic organization from which CoachHQ has obtained, directly or indirectly, such User Feature Content. To the extent that any of the User Content on the Site and/or Services features a child of User under the age of 18, User is deemed to have consented to the Content License on such child’s behalf and the foregoing representations with regard to such Content, and such child shall also be deemed to be a User for purposes of this Agreement.
- patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person or group; exploits people in a sexual or violent manner; or contains nudity, violence, or offensive subject matter or contains a link to an adult website;
- solicits personal information from any User; provides any User telephone numbers, street addresses, last names, URLs or email addresses; involves the transmission of “junk mail,” “chain letters,” or “unsolicited mass mailing”, “instant messaging”, “phishing”, “spimming” or “spamming”; contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or video or links to pirated files;
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; and
- involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.
- criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets or violation of the privacy or publicity rights of third parties;
- advertising to, or solicitation of, any User to buy or sell any products or services through the Services. You may not transmit any chain letters or junk email to other Users. It is also a violation of these rules to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent. In order to protect our Users from such advertising or solicitation, CoachHQ reserves the right to restrict the number of emails that a User may send to other Users;
To the extent any “moral rights,” “ancillary rights,” or similar rights in or to the User Content exist and are not exclusively owned by us, you agree not to enforce any such rights as to us or the CoachHQ Entities, and you shall procure the same agreement not to enforce from any others who may possess such rights. You agree to pay for all royalties, fees, and any other monies owing to any person or entity by reason of any User Content posted by you to or through the Services.
5. Intellectual Property.
CoachHQ grants you a limited, revocable, non-sublicensable license to reproduce and display the CoachHQ Intellectual Property solely for your personal use in connection with viewing the Site and using the Services. You may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any CoachHQ Intellectual Property appearing on the Site or through the Services and Products.
6. User Conduct.
Your right to use the Services is conditioned on your compliance with this section. You agree not to post on this Site or through the Services, User Content that is:
Further, you agree not to use the Services to participate in:
You agree not to cover or obscure any advertisements on the Site, or interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services. You agree not to attempt to impersonate another User, and you acknowledge that the Services are for public and not private communications and that you have no expectation of privacy with regard to any User Content. We cannot guarantee the security of any information you disclose; you make such disclosures at your own risk. Also, you should be skeptical about information provided by others, and you acknowledge that the use of any User Content on this Site is at your own risk.
You agree to indemnify and hold CoachHQ and its employees harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site and Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any User Content posted on the Site or through the Services causes CoachHQ to be liable to another third party or User.
7. Disclaimers.
DISCLAIMERS OF WARRANTIES: COACHHQ DOES NOT WARRANT THAT THE SITE OR SERVICES WILL OPERATE ERROR-FREE OR THAT THIS SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND/OR OTHER HARMFUL MATERIALS. IF YOUR USE OF THE SITE OR THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, COACHHQ IS NOT RESPONSIBLE FOR THOSE COSTS. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. COACHHQ, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. COACHHQ MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SERVICES. COACHHQ IS IN NO WAY RESPONSIBLE FOR THE OUTCOMES OF GAMES OR SUCCESS OF USERS.
DISCLAIMER OF CONSEQUENTIAL DAMAGES: EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, NEITHER COACHHQ NOR THE COACHHQ ENTITIES OR THEIR DIRECTORS, EMPLOYEES, LICENSORS, CONTENT PROVIDERS, AFFILIATES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL AND EXEMPLARY DAMAGES, ARISING FROM THE USE OF THIS SITE, SERVICES, AND PRODUCTS EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
REMEDY: IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR EXCLUSIVE REMEDY SHALL BE TO CEASE USING THE SERVICES.
Some U.S. states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions. CoachHQ makes no representation of any kind with respect to the applicability and enforceability of laws or policies of countries other than the United States over the content of this site and the provisions of this Agreement.
8. Dispute Resolution.
This Agreement shall be interpreted, construed and governed by the laws of the State of Illinois, USA, without reference to its laws relating to conflicts of law and not including the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods. Venue for all disputes arising under this Agreement shall lie exclusively in the District Courts of the State of Illinois in Cook County or the Federal District Court of the District of Illinois (as permitted by law) and each party agrees not to contest the personal jurisdiction of these courts. Notwithstanding the foregoing, however, CoachHQ shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-U.S. court of competent jurisdiction to obtain injunctive or other relief.
9. Other Miscellaneous Terms.
Should any clause of this Agreement be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. CoachHQ’s failure to expressly enforce any provision of this Agreement does not waive its rights to enforce that or any other provision.
This Agreement constitutes the entire agreement between you and CoachHQ regarding the use of the Services.
Dated December 14, 2011
