The use of this website and services on this website provided by Coachable Pros (hereinafter referred to as “Company”) are subject to the following Terms & Conditions (hereinafter the “Agreement”), all parts and
The parties referred to in this Agreement shall be defined as follows:
a)Company, Us, We: The Company, as the creator, operator, and publisher of the Website, makes the Website, and certain Services on it, available to users. Coachable Pros, Company, Us, We, Our, Ours and other
b)You, the User, the Client: You, as the user of the Website, will be referred to throughout this Agreement with
c)Parties: Collectively, the parties to this Agreement (the Company and You) will be referred to as Parties.
ASSENT & ACCEPTANCE
By using the Website, You warrant that You have read and reviewed this Agreement and that You agree to be bound by and a party to the terms and conditions of this Agreement. If You do not agree to be bound by this Agreement, please leave the Website immediately. The Company only agrees to provide use of this Website and Services to You if You assent to this Agreement, to the exclusion of all other terms.
You must be at least 18 (eighteen) years of age to use this Website or any Services contained herein. Company does not knowingly solicit personal information from anyone under the age of 18; by using this Website, You represent and warrant that You are at least 18 years of age and may legally agree to this Agreement. If we learn that we have inadvertently collected personal information belonging to a child without the consent of a parent or legal guardian, we will immediately delete that information. The Company assumes no responsibility or liability for any misrepresentation of Your age.
LICENSE TO USE WEBSITE
The Company may provide You with certain information as a result or Your use of the Website or Services. Such information may include, but is not limited to, documentation, data, or information developed by the Company, and other materials which may assist in Your use of the Website or Services (“Company Materials”). Subject to this Agreement, the Company grants You a
You agree that the Website and all Services provided by the Company are the property of the Company, including all copyrights, trademarks, trade secrets, patents, and other intellectual property (“Company IP”). You agree that the Company owns all right, title and interest in and to the Company IP and that You will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Company.
a)In order to make the Website and Services available to You, You hereby grant the Company a
b)If You feel that any of Your intellectual property rights have been infringed or otherwise violated by the posting of information or media by another of Our users, please notify Us immediately.
a)Reporting Violations: Pursuant to the Digital Millennium Copyright Act of 1998, 17 U.S.C. 512(c)(2) (the “DMCA“), Company”s designated agent for notice of alleged copyright infringement in connection with the Site is: email@example.com Coachable Pros, LLC, Email address: firstname.lastname@example.org, Our phycial address is Dianne Dismukes, CEO & Founder CoachablePros LLC. 1928 Stonecastle Dr Keller, TX 76242. 8172352252. Tarrant County. To file a notice of infringement with Company, the requirements specified in Title II of the DMCA must be fulfilled. The text of this statute can be found at the U.S. Copyright Office web site, located at https://www.copyright.gov. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Company a
As a user of the Website or Services, You may be asked to register with Us. When You do so, You will choose a user identifier, which may be your email address or another term, as well as a password.
You may also provide personal information, including, but not limited to, Your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable You to use the Website and services. You must not share such identifying information with any third party, and if You discover that Your identifying information has been compromises, You agree to notify Us immediately in writing.
You agree not to use the Website or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services, or general business of the Company.
a)You further agree not to use the Website or Services:
I. To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
II. To violate any intellectual property rights of the Company or any third party;
III. To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
IV. To perpetuate any fraud;
V. To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
VI. To publish or distribute any material that incites violence, hate, or discrimination towards any group;
VII. To unlawfully gather information about others.
AFFILIATE MARKETING & ADVERTISING
The Company, through the Website and Services, may engage in affiliate marketing whereby the Company receives and commission on or percentage of the sale of goods or services on or through the Website. The Company may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation. This disclosure is intended to comply with the US Federal Trade Commission Rules on marketing and advertising, as well as any other legal requirements which may apply.
Through Your Use of the Website and Services, You may provide Us with certain information. By using the Website or the Services, You authorize the Company to use Your information in the United States and any other country where We may operate.
a)Information We May Collect or Receive: When You register for an account, You provide Us with a valid email address and may provide Us with additional information, such as Your name or billing information. Depending on how You use Our Website or Services, We may also receive
information from external applications that You use to access Our marketing and analytics, and for this, We may work with
b)How We Use Information: We use the information gathered from You to ensure Your continued good experience on Our website, including through email communication. We may also track certain aspects of the passive information received to improve Our marketing and analytics, and for this, We may work with
c)How You Can Protect Your Information: If You would like to disable Our access to any passive information We receive from the use of various technologies, You may choose to disable cookies in Your web browser. Please be aware that the Company will still receive information about You that You have provided, such as Your email address.
ASSUMPTION OF RISK
The Website and Services are provided for communication purposes only. You acknowledge and agree that any information posted on Our Website is not intended to be legal advice, medical advice or financial advice, and no fiduciary relationship has been created between You and the Company. You further agree that Your purchase of any of the products on the Website is at Your own risk. The Company does not assume responsibility or liability for any information you upload to any of our products or services. The Company does not assume responsibility or liability for any advice or other information given on the Website.
LIMITATION ON LIABILITY
We work hard to provide the best Products we can and to specify clear guidelines for everyone who uses them. Our Products, however, are provided "as is," and we make no guarantees that they always will be safe, secure, or
We cannot predict when issues might arise with our Services. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law, and under no circumstance will we be liable to you for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms or the CoachablePros Services, even if we have been advised of the possibility of such damages. Our aggregate liability arising out of or relating to these Terms or the CoachabablePros Services will not exceed the greater of $100 or the amount you have paid us in the past twelve months.
REVERSE ENGINEERING & SECURITY
You agree not to undertake any of the following actions:
a)Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website or Services;
b)Violate the security of the Website or Services through any unauthorized access, circumvention of encryption or other security tools, date mining or interference to any host, user or network.
The Company does not accept responsibility for the security of Your account or content. You agree that Your use of the Website or Services is at your own risk.
You agree to defend and indemnify the Company and any of its affiliates (if applicable) and hold Us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to Your use or misuse of the Website or Services, Your breach of this Agreement, or Your conduct or actions. You agree that the Company shall be able to select its own legal counsel and may participate in its own defense, if the Company wishes.
You are strictly prohibited from using the Website or any of the Company’s Services for illegal spam activities, including gathering
The Company may occasionally post links to third party websites or other services. You agree that the Company is not responsible or liable for any loss or damage caused as a result of Your use of any third party services linked to from Our Website.
MODIFICATION & VARIATION
The Company, may, from time to time and at any time without notice to You, modify this Agreement. You agree that the Company has the right to modify this agreement or revise anything contained herein. You further agree that all modifications to the Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
a)To the extent any part or
b)You agree to routinely monitor this Agreement and refer to the Effective Date posted at the top of this Agreement to note modifications or variations. You further agree to clear Your cache when doing so to avoid accessing a prior version of this Agreement. You agree that Your continued use of the Website after any modifications to this Agreement is a manifestation of Your continued assent to this Agreement.
c)In the event that You fail to monitor any modifications to or variations of this Agreement, You agree that such failure shall be considered an affirmative waiver of Your right to review the modified Agreement.
This agreement constitutes the entire understanding between the Parties with respect to any and all use of this Website. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website.
The Company may need to interrupt Your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that Your access to the website may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime.
TERM, TERMINATION & SUSPENSION
The Company may terminate this Agreement with You at any time for any reason, with or without cause. The Company specifically reserves the right to terminate this Agreement if You violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Company or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If You have registered for an account with Us, You may also terminate this Agreement at any time by contacting Us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
You agree that Your use of the Website and Services is at Your sole and exclusive risk and that any Services provided by Us are on an “” basis. The Company hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The company makes no warranties that the Website or Serves will meet Your needs or that the Website or Services will be uninterrupted,
LIMITATION ON LIABILITY
The Company is not liable for any damages that may occur to Your as a result of Your use of the Website or Services, to the fullest extent permitted by law. The maximum liability of the Company arising from or relating to this Agreement is limited to the greater of one hundred ($100) US Dollars or the amount You paid to the Company in the last six (6) months. This section applies to any and all
claims by You, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
PAYMENT OF FEES
a)Some Website services are subject to payments. You shall pay all applicable fees, as described on the Website relating to any services selected by You. Please note that any payments received during the registration process are deemed to be part of this Agreement.
b)Company does not accept direct payment but instead uses a third party payment processor. The processing of all payments will be subject to the conditions and policies set forth by payment processor in addition to this Agreement. By using Company’s paid services, You agree that Company is not liable for any errors by payment processor.
a)LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language.
b)JURISDICTION, VENUE & CHOICE OF LAW: Through Your use of the Website or Services, You agree that the laws of the State of Texas shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between You and the Company, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts of the following County, Tarrant, Texas. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non convenient or similar doctrine.
c)ARBITRATION: In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the following county: Tarrant, Texas. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of the following state: Texas. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by the Company will not be subject to arbitration and may, as an exception to this
d)ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by You. Should this Agreement, or the rights granted hereunder, be assigned, sold, leased or otherwise transferred by the Company, the rights and liabilities of the Company will bind and inure to any assignees, administrators, successors, and executors.
e)SEVERABILITY: If any part or
maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
f)NO WAIVER: In the event that We fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or
g)HEADINGS FOR CONVENIENCE ONLY: Headings of parts and
h)NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership or joint venture has ben created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.
i)FORCE MAJEUR: The Company is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
j)ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including