Terms of Service, Legal & Policies
Last Update 04.11.2008
Terms Applicable to all Coach Kelly, LLC Web Services.
These
Coach Kelly, LLC Terms of Service comprise a legal agreement between
You and Coach Kelly, LLC and governs Your use of Coach Kelly, LLC web
services. BY SUBSCRIBING TO COACH KELLY, LLC WEB SERVICES, YOU AGREE TO
BE BOUND BY THE TERMS OF THESE TERMS OF SERVICE AND THE ADDITIONAL
TERMS, AS MODIFIED FROM TIME TO TIME.
If
you do not agree to these Terms of Service and the Additional Terms, do
not subscribe to or use the Coach Kelly, LLC web services.
Coach
Kelly, LLC is made up of websites, Web pages, and Web hosting operated
by Coach Kelly, LLC and its affiliates and of various products and
services that are provided by Coach Kelly, LLC, its affiliates or third
party service providers. These websites, Web pages, design services,
and services will be collectively referred to in this Agreement as
"Coach Kelly." "You" means You, Your company, Your employees, and
anyone who has access to use your Coach Kelly account. You must be at
least eighteen (18) years of age to subscribe to and use any Coach
Kelly service or product.
The
general provisions of these Terms of Service apply to Coach Kelly web
services and to all of the products and services provided through Coach
Kelly, including the Coach Kelly website. Each applicable Coach Kelly
website, product or service may have other posted guidelines or rules
(the "Additional Terms"). All such Additional Terms are incorporated by
reference into these Terms of Service.
The
Coach Kelly services are offered to You on the condition that You
accept these Terms of Service and the Additional Terms without
modification. You agree to familiarize Yourself with, and to regularly
review, the Terms of Service, the Additional Terms, and other terms and
guidelines found throughout the Coach Kelly sites and abide by them if
You choose to use the sites, or accept the products, services or
benefits, to which such terms apply.
You
accept and agree to be bound by these Terms of Service and the
Additional Terms at the moment you place your order and pay for it,
either by credit card via the Internet, over the phone or by fax or by
check through the US Mail. If You do not accept all of these terms your
order for services will be cancelled and You will not be charged.
Coach
Kelly reserves the right to change any of the Terms of Service and any
Additional Terms at anytime without notice. If You continue to use the
Coach Kelly system after any such changes, Your continued use will
constitute Your consent to such changes. Coach Kelly may email You any
changes to the Terms of Service or Additional Terms, but does not and
will not assume any obligation to do so.
Any rights not expressly granted herein are reserved by Coach Kelly.
In addition, Your registration information and other information about You is subject to our Privacy Statement.
If
You do not have print capability or otherwise desire to obtain a hard
copy of these Terms of Service, please visit the Contact &
Background page of the Coach Kelly website and send an email requesting
a hard copy.
Your Warranties
By
subscribing to any service offered by Coach Kelly, You make the
following representations and warranties. Coach Kelly shall have the
right to terminate your Coach Kelly account, without notice at any
time, if any representation or warranty made by You proves to be untrue
in any respect.
You represent and warrant that:
You and all users of the Coach Kelly Network approved by you are at least eighteen (18) years of age;
You
have the legal capacity and authority to; (a) enter into binding
contracts for the sale and purchase of goods and services, (b) be bound
by these Terms of Service and the Additional Terms, (c) to subscribe to
and use the Coach Kelly services, including, where applicable, the
buying, selling and listing of items, in accordance with these Terms of
Service and any Additional Terms and (d) if you are acting in a
corporate capacity, to bind Your company; You will not use the Coach
Kelly services for any purpose that is unlawful, or prohibited by these
Terms of Service or the Additional Terms (as may be modified from time
to time); All information supplied by You or by others using Your
account is true and accurate, including information submitted as part
of the registration and subscription process. Any products or services
advertised, sold or otherwise distributed by You on or in connection
with Your website are legal for sale or distribution; that you have all
licenses necessary to sell or advertise the goods or services offered
for sale or distribution and that all sales and advertisements will be
in compliance with applicable law; and You have and control all of the
intellectual property, proprietary and similar rights necessary for all
material located on Your website, all submissions, and all products and
services sold or otherwise distributed by You or on Your behalf via
Your website.
By
using the Coach Kelly Network, You agree that You will defend and
indemnify Coach Kelly and its suppliers from any third party claim
related to a breach of any of the foregoing warranties.
Limitations on Your Use of the Coach Kelly system
Coach
Kelly services are provided to assist You with the operation of Your
business. Your right to use Coach Kelly is limited to You, and Your
company and its employees. You are solely responsible for Your content
and Your website and your Coach Kelly account. Coach Kelly reserves the
right, but is not obligated, to monitor or to review materials posted
on Your website and to monitor your compliance with these Terms of
Service and the Additional Terms. Coach Kelly reserves the right in its
sole discretion to edit, refuse to post or remove any information or
materials which violate these Terms of Service or the Additional Terms
in whole or in part, without notice at any time.
You
may not modify, copy, distribute, transmit, display, perform,
reproduce, publish, license, create derivative works from, transfer, or
sell any information, software, products, services or benefits obtained
from Coach Kelly, except as expressly provided herein.
You
may not use a name in connection with operating Your Coach Kelly
website that is confusing or misleading to participants, or otherwise
impersonate or deceive participants with respect to Your identity.
You may not restrict or inhibit any other user from using and enjoying such user's rights in Coach Kelly.
You may not interfere with or disrupt the Coach Kelly system or servers or any network connected to Coach Kelly.
You
may not use Coach Kelly or the products or services provided through or
in connection with Coach Kelly to: rent, lease, license, grant a
security interest in, or otherwise transfer or sublicense Your rights
hereunder to any third party; defame, libel, slander, impersonate,
abuse, harass, threaten, invade the privacy of or otherwise violate or
infringe the legal rights (including the rights of privacy and
publicity) of any other person; conduct, promote or forward illegal
contests, pyramid schemes, chain letters, unsolicited or unauthorized
advertising, promotional materials, unsolicited e-mail ( including
"spamming") or multi-level or illegal marketing campaigns; harm minors
in any way; publish, post, distribute, disseminate, advertise or link
to any: (i) content, site, topic, name, material or information which
is inappropriate, profane, defamatory, libelous, slanderous,
infringing, obscene, indecent, or which contains nudity or adult
content; (ii) software, content or other material protected by
intellectual property laws, copyright licenses, rights of privacy or
publicity, or other proprietary rights, unless You own, or control such
rights or have received all necessary consents for Your publication,
distribution, or linking of such software and other materials; (iii)
software, content or other material that contains viruses, worms,
corrupted files, cracks or that may or are intended to damage the
operation of or render inoperable another's computer, hardware,
software, security measures or system or other programs written to
defeat the security measures of any computer, system or programs; (iv)
software, content, other material or website that constitutes "hate
speech", whether directed at an individual or a group, and whether
based upon the race, sex, creed, national origin, religious
affiliation, sexual orientation or language of such individual or
group; sell, offer to sell, distribute, promote, facilitate,
disseminate or link to any sites for marketing, sales, promotion,
facilitation or distribution of: firearms; explosives; ammunition;
liquor; tobacco products; illegal gambling (including gambling in
connection with sporting events); food that is not packaged or does not
comply with all applicable laws for sale to consumers by commercial
merchants; illicit drugs, pharmaceuticals and controlled substances;
counterfeit, pirated or stolen goods; any goods or services that
infringe or otherwise violate a third party's rights including
copyright, patent, trademark, or rights of publicity or privacy; goods
that are considered indecent, obscene or pornographic; Nazi
memorabilia; registered or unregistered securities; goods or services
that You cannot legally sell; goods which are misrepresented or which
do not in fact exist; fraudulent goods; goods or activities that if
sold via Coach Kelly or Your website would cause Coach Kelly to violate
any law, statute or regulation; or any other illegal activity; harvest
or otherwise collect information about third parties, including e-mail
addresses, without the express consent of such third parties; violate
any applicable government laws or regulations.
You
may not reproduce or redistribute any Software, as that term is defined
in the Section entitled "Software Available from Coach Kelly" You may
not copy or reproduce the Software to any other server or location for
further reproduction or redistribution. You may not de-compile,
disassemble, reverse engineer or otherwise attempt to discover any
trade secret contained in the Coach Kelly, or in any product, service
or Software provided through the Coach Kelly.
The
information provided by Coach Kelly to You may be proprietary in
nature. You agree not to share any information provided to You by or on
behalf of Coach Kelly with any third party.
Fees
Some
products and services available through or in connection with Coach
Kelly require that You purchase a subscription or otherwise pay a fee.
You hereby authorize Coach Kelly to charge Your credit card in advance
for all applicable fees incurred by You or on Your behalf in connection
with Your use of the Coach Kelly product or service You have chosen to
use. Coach Kelly will automatically charge Your credit card each month
for the fee(s) then due and Your credit card expiration date will
automatically be extended for the purpose of providing uninterrupted
services. You are solely responsible for all charges, fees, duties,
taxes, and assessments arising out of any use of Your Coach Kelly
account by you or anyone else using your account. Coach Kelly reserves
the right to modify the fees charged for Coach Kelly products and
services from time to time, provided that such new fees shall not take
effect earlier than thirty (30) days after Coach Kelly posts such
modified fees on the Coach Kelly website. Amounts not paid by You to
Coach Kelly when due may bear interest at the lesser of (a) one and
one-half percent (1.5%) per month, and (b) the maximum rate permitted
by applicable law.
If
You notify Coach Kelly by phone at the number found on the Contact
& Background page of the Coach Kelly website or in writing that You
are canceling one or more Coach Kelly or products, your termination
will take place in accordance with the Cancellation Policy outlined
below. Coach Kelly is not required to refund directly to You any
amounts paid hereunder. It is Your responsibility to notify Coach Kelly
if Your credit card has changed or has expired and to make appropriate
changes or Your service may be disconnected or interrupted.
In
the event that Coach Kelly terminates Your Coach Kelly account for
violation of these Terms of Service or the Additional Terms, You will
not be entitled to the return of any fees paid with respect to any such
terminated account service.
Cancellation and Refund Policy
You
agree that (a) Coach Kelly cancellation policy will be posted on the
www.webpowertools.com website and may be changed from time to time by
Coach Kelly in its sole discretion and (b) the cancellation policy
posted at the time you cancel shall govern the terms and amount of the
refund (if any) due to you. You acknowledge that if You cancel any
subscriptions to a Coach Kelly service that You may not be entitled to
a refund of all or part of amounts already paid by You for such Coach
Kelly subscription. You agree to maintain service with Coach Kelly for
the minimum term of 12-months plus any additional time required by any
promotions or discounts You accept. After that, You will become a
month-to-month customer under this agreement.
Cancellation
The
initial deposit paid by You for the setup of your Coach Kelly website
will be refundable minus 25% of the amount if cancellation is within 30
days of the signing of this contract.
Thereafter, refund and cancellation policies depend on the Payment Plan You have chosen in your separate Service Agreement.
Plan
A, C, D and E customers are considered month-to-month customers
beginning 30 days after this agreement is signed if all fees have been
paid in full. Written notice of cancellation at any time after that
will automatically terminate your agreement effective in 30 days with
no further penalty.
Plan
B customers are obligated to a full 12-month subscription to Coach
Kelly.
IF A PLAN B CUSTOMER AND YOU CHOOSE TO END YOUR SERVICE BEFORE
YOU BECOME A MONTH-TO-MONTH CUSTOMER (OR IF WE TERMINATE IT EARLY FOR
GOOD CAUSE), YOU MUST PAY THE BALANCE OF YOUR SUBSCRIPTION AS AN EARLY
TERMINATION FEE. If at any time You change service (by accepting a
promotion, for example), You will be subject to any requirements, such
as a new minimum term, Coach Kelly sets for that change.
Changes to Services, Termination by Coach Kelly
Coach
Kelly may change any of the Coach Kelly at any time and from time to
time without notice, including terminating the offering of any Coach
Kelly service altogether.
Coach
Kelly may terminate Your account, Your access to Coach Kelly or any of
Your Coach Kelly (in whole or in part) at any time, with or without
cause, and with or without notice. You may be barred from accessing any
of Your Coach Kelly or from using the Coach Kelly Network or from
receiving any products, services or benefits from Coach Kelly, if Coach
Kelly determines You have violated these Terms of Service or any
Additional Terms, if You have failed to remit any applicable
subscription fees when due, if any representation or warranty made by
You is untrue in any respect or if Coach Kelly receives a court order
or other legal action relating to Your account. In addition, if You
violate any of these Terms of Service, or any applicable Additional
Terms You will forfeit all in-kind credits and any other amounts
accruing to You (if any) in connection with Coach Kelly service and
there will be no refund of any fees prepaid by You. If You subscribe to
a Coach Kelly service which is made up of two or more individual
services and You violate the Terms of Service applicable to one of such
individual services, (1) your use of the particular individual service
will be terminated, but the remaining services will remain active and
(2) there will be no refund (in whole or in part) of Your annual fee
for the Coach Kelly service terminated. You will be responsible for all
fees incurred during Your subscription and payment of such fees shall
be due immediately upon termination of Your subscription.
Links to Third Party Sites
Links
within the Coach Kelly Network may let You leave the Coach Kelly
Network. You acknowledge that the linked sites are not under the
control of Coach Kelly and that Coach Kelly is not responsible for the
contents or operation of such linked sites or any link contained in
such linked site, any changes or updates to such sites, or Web casting
or any other form of transmission received from any linked site. Coach
Kelly is providing these links to You only as a convenience, and the
inclusion of any link does not imply endorsement by Coach Kelly of the
linked site or any association with their operators.
License You Grant to Coach Kelly
Coach
Kelly does not claim ownership of the materials You provide to Coach
Kelly (including feedback and suggestions) or that You post, upload,
input or submit in connection with Your use of Coach Kelly or any
website ("Your website") created by You or on Your behalf in connection
with the use of Coach Kelly (collectively "Submissions"). However, You
grant Coach Kelly a royalty-free license to use (including, without
limitation, the rights to: copy, distribute, transmit, publicly
display, publicly perform, link to, reproduce, edit, translate,
sublicense and reformat Your Submission, and to publish Your name in
connection with Your Submission) Your Submission only in connection
with the operation and promotion of Coach Kelly. You also grant Coach
Kelly the right to publish Your information in connection with any such
use including, but not limited to, directory listings, bookmarks,
coming soon and announcement page(s) and listings, and promotional
link(s) to Coach Kelly websites. No compensation will be paid or due
You with respect to Coach Kelly’ or its sub-licensee's use of the
materials as licensed above. Coach Kelly is under no obligation to post
or use any materials You may provide, and may remove such materials at
any time in Coach Kelly’ sole discretion. By posting messages,
uploading files (including graphics), inputting data, submitting any
feedback or suggestions, or engaging in any other form of communication
with or through the Coach Kelly system, You represent and warrant that
You own or otherwise control the rights necessary to do so and to grant
Coach Kelly the license set forth above, and You will defend and
indemnify Coach Kelly and its suppliers from any third party claim
related to a breach of any of the foregoing representations or
warranties.
You
grant Coach Kelly permission to use screen shots of any Web page built
on our system in Coach Kelly promotional materials, and represent and
warrant that You have sufficient authority to grant the foregoing
rights.
Software Available from Coach Kelly
Software
(if any) that is made available to download from or otherwise use
through Coach Kelly, excluding software that may be made available by
third parties via Coach Kelly, ("Software") is the copyrighted work of
Coach Kelly and/or its suppliers. Your use of the Software is governed
by these Terms of Service, and the applicable Additional Terms, and the
terms of the end user license agreement (EULA), if any, which
accompanies or is included with the Software ("License Agreement"). To
the extent that the License Agreement conflicts with the Terms of
Service or Additional Terms, the terms of the License Agreement shall
govern Your use of the Software. You may not install or use any
Software that is accompanied by or includes a License Agreement unless
You first agree to the License Agreement. For any Software not
accompanied by a license agreement, Coach Kelly hereby grants to You,
the user, a personal, non-exclusive, non-transferable license to use
the Software for viewing and otherwise using the particular Coach Kelly
website or Coach Kelly service in accordance with the License
Agreement, the Terms of Service and Additional Terms and for no other
purpose. In addition, You shall keep intact all and may not alter any
copyright and other proprietary notices contained in such Software. All
Software is owned by Coach Kelly and/or its suppliers, and is protected
to the maximum extent permitted by copyright laws and international
treaty provisions. Any reproduction or redistribution of the Software
is expressly prohibited, and may result in severe civil and criminal
penalties. Persons violating the foregoing, or who otherwise
misappropriate any intellectual property or proprietary rights related
to the Software may be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCING THE SOFTWARE TO
ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION
IS EXPRESSLY PROHIBITED. YOU MAY NOT DECOMPILE, DISASSEMBLE, REVERSE
ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY TRADE SECRET CONTAINED IN
ANY SOFTWARE PROVIDED HEREUNDER. You acknowledge that the Software, and
any accompanying documentation and/or technical information, is subject
to applicable export control laws and regulations of the USA. You agree
not to export or re-export the Software, directly or indirectly, to any
countries that are subject to USA export restrictions. All software
downloaded or otherwise obtained by the U.S. Government pursuant to
solicitations issued on or after December 1, 1995 is provided with the
commercial license rights and restrictions described elsewhere herein.
All Software provided to the U.S. Government pursuant to solicitations
issued prior to December 1, 1995 is provided with RESTRICTED RIGHTS as
provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR
252.227-7013 (OCT 1988), as applicable.
Limitations of Liability and Disclaimers
The
information, software, products, services and other material included
in or available through the Coach Kelly system may not be complete, and
may include inaccuracies or errors, and may also be modified,
discontinued or deleted from time to time without notice. Advice,
information, products, services or other materials received via Coach
Kelly should not be relied upon for personal, medical, legal, business,
financial or other decisions and is not intended to replace the advice
of appropriate and qualified professionals. You acknowledge that You
should consult an appropriate professional for specific advice tailored
to Your situation.
Your
access to and use of the Coach Kelly system, and products and services
of Coach Kelly, is at Your own risk. Coach Kelly makes no guarantees of
any kind regarding the dependability, accuracy, security, timeliness or
availability of the Coach Kelly Network, or such products or services.
Without limiting the foregoing, NEITHER COACH KELLY NOR ITS RESPECTIVE
SUPPLIERS MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE CONDITION,
SUITABILITY, RELIABILITY, AVAILABILITY, COMPLETENESS, SECURITY,
TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND MATERIALS CONTAINED IN COACH KELLY FOR ANY PURPOSE. ALL
SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS ARE
PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. COACH KELLY AND ITS
RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES
AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS, SERVICES OR MATERIALS, INCLUDING ALL IMPLIED
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT.
IN
NO EVENT SHALL COACH KELLY OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR
ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION:
DAMAGES
FOR LOSS OF USE, DATA, ACCOUNTS, REVENUES OR PROFITS, ARISING OUT OF OR
IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF COACH KELLY OR
RELATED SERVICES, OR WITH THE DELAY OR INABILITY TO USE COACH KELLY OR
RELATED SERVICES;
THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH
COACH KELLY; OR OTHERWISE ARISING OUT OF THE USE OF COACH KELLY,
WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, EVEN IF COACH KELLYOR ANY OF ITS SUPPLIERS HAS BEEN ADVISED
OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU
ARE DISSATISFIED WITH ANY PORTION OF COACH KELLY, OR WITH ANY OF THESE
TERMS OF SERVICE OR THE ADDITIONAL TERMS, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING THE COACH KELLY AND ITS RELATED SERVICES
AND PRODUCTS.
Without
limiting the foregoing, Coach Kelly is not responsible for any of Your
data residing on Coach Kelly hardware or systems, including such
hardware or systems provided to Coach Kelly by third parties. Coach
Kelly will perform standard industry data-backup. However, you remain
responsible for maintaining and backing-up Your data and information
that may reside on the Coach Kelly hardware or systems, including such
hardware or systems provided to Coach Kelly by third parties, whether
or not such information is produced through the use of Coach Kelly,
including any information regarding the operation or use of Your
website, catalogs, lists, order records, and other information You are
providing or using in connection with Your use of the Coach Kelly
service. It is Your responsibility to take the necessary steps to
ensure Your primary means of business is maintained. Coach Kelly will
not be liable for any damage, loss or disclosure of data, accounts,
revenue or business arising out of or otherwise related to: (a) Your
use of the Coach Kelly services or products; (b) Your customers' use of
Your website hosted by or created through Coach Kelly and Your products
and services; © use of the Coach Kelly Network by any other party to
whom You have given access to Your company information for use of the
Coach Kelly Network; (d) errors, bugs or other defects in the Coach
Kelly system; (e) lost company, customer or vendor information (e.g.,
billing information, credit card numbers, lost orders, etc.); (f)
illegal or criminal activities, including but not limited to reliance
on any information obtained on the Coach Kelly Web Hosting service; or
(g) or that result from mistakes, omissions, interruptions, deletion of
files or e-mail, loss of or damage to data, errors, defects, viruses,
delays in operation, or transmission, or any failure of performance,
whether or not limited to acts of God, communications failure, theft,
destruction or unauthorized access to Coach Kelly's records, programs
or services. You are solely responsible for maintaining and backing-up
any information regarding the operation or use of Your website,
catalogs, lists, order records, and other information You are providing
or using in connection with Your use of the Coach Kelly Network.
Coach
Kelly is not liable for Your actions with Your customers or vendors, or
the use of their information, or for any other actions arising from
Your use, or the use of other parties to whom You have given access to
Your Coach Kelly information, through the use of the Coach Kelly
Network.
Coach
Kelly is not involved in any transaction between You and Your buyer or
seller or other third parties with whom you may have transactions
through Your website or between You and any user of any products or
services offered or provided by You or by a third party through the
Coach Kelly. This includes, but is not limited to, any service
providers referred through Coach Kelly for credit card authorization,
newsletter services or affiliate programs. Coach Kelly is not
responsible for screening, censoring or otherwise controlling Your
website, or any listings or transactions offered or conducted via Your
website. You are deemed to have a direct commercial relationship with
each third party that purchases goods or services from or undertakes
any other transaction with You via Your website or through Coach Kelly.
Coach
Kelly is not acting as Your or any third party's agent in connection
with the operation of Coach Kelly. You are solely responsible for: (a)
processing customer orders or other transactions; (b) verifying the
validity of incoming customer orders before finalizing the order; (c)
informing customers of the status of such orders or transactions; (d)
providing all customer support related to such orders or transactions
(e.g., lost orders, billing disputes, payments, etc.); and, (e)
determining, collecting and remitting to the appropriate authority all
taxes (if any) arising from or related to such orders or transactions.
Further, because Coach Kelly is not involved in any orders or other
transactions between You and other users of Coach Kelly or other
marketplace forums, Coach Kelly cannot and will not be involved in
resolving any disputes relating to any completed or uncompleted
transactions or the purchase or sale of listed goods or otherwise.
Unless
otherwise expressly stated in these Terms of Service, Your payments for
orders or transactions conducted via Your website or on any Coach Kelly
service will be paid to You directly from Your designated acquiring
bank, customers or other appropriate source ("payor"). Coach Kelly is
not responsible for such payment, and will have no liability for any
lost, disputed or fraudulent payment or tenders of payment, or other
disputes arising between You and customers or payors. Coach Kelly makes
no guarantee about the reliability or accuracy of these products or
services, or the results obtained from using Coach Kelly.
Additionally
You are required to prominently post a Refund & Cancellation policy
on any sites built with Coach Kelly that require payments from
customers.
Indemnity
You
agree to defend, indemnify and hold Coach Kelly and its suppliers
harmless from and against any and all claims, losses, liability costs
and expenses (including but not limited to attorneys' fees) arising
from Your violation of these Terms of Service (including, without
limitation, violation of applicable Additional Terms), or any
third-party's rights, (including, without limitation, infringement of
any copyright, violation of any proprietary right and invasion of any
privacy rights). These obligations will survive any termination of Your
relationship with Coach Kelly or Your use of Coach Kelly.
Access Restriction; Account Security and Passwords
Coach
Kelly reserves the right to deny in its sole discretion any user access
to Coach Kelly or any portion thereof without notice.
You
are responsible for safeguarding the confidentiality of Your account
information (including password(s) and user name(s) issued to You) and
for any use or misuse of Your account or the Coach Kelly system
resulting from any third party using a password or user name issued to
You. You agree to notify Coach Kelly immediately of any known or
suspected unauthorized access to or use of Your account, Your password,
the password of any individual user to whom You have issued a login ID
or any other breach of security or misuse of the Coach Kelly system
known to or suspected by You. You may change Your password at any time
by emailing a request to info@coachkelly.com.
You
hereby authorize Coach Kelly to rely on any data, notice, instruction
or request furnished by You to us, or that Coach Kelly reasonably
believes to have been furnished by You. You are solely responsible for
maintaining the confidentiality of Your account information and
monitoring usage of Your account. Coach Kelly is not responsible for
fraud of participants or of other users of your account.
Your Customer Data
Coach
Kelly will not use Your customer data or Your customer contact list for
any purposes other than those intended. Your customer information will
not be shared with any other parties, unless you are also subscribing
to a Coach Kelly service where one of the features of such service is
the sharing of customer information between the services. Coach Kelly
will not use Your customer information for the purpose of sending
unsolicited commercial e-mail to such customers.
General
These
Terms of Service and the Additional Terms are governed by the laws of
the State of Washington, U.S.A. You hereby to confidential binding
arbitration by the American Arbitration Association in King County,
Washington, U.S.A. in all disputes arising out of or relating to the
use of the Coach Kelly services. Use of Coach Kelly is unauthorized in
any jurisdiction that does not give effect to all provisions of these
Terms of Service, including without limitation this paragraph.
You
agree that no joint venture, partnership, employment, or agency
relationship exists between You and Coach Kelly as a result of these
Terms or Service or use of Coach Kelly.
Coach
Kelly’ performance of this agreement is subject to existing laws and
legal process, and nothing contained in these Terms of Service are in
derogation of Coach Kelly right to comply with governmental, court and
law enforcement requests or requirements relating to Your use of the
Coach Kelly Network or information provided to or gathered by Coach
Kelly with respect to such use.
If
any part of these Terms of Service or the Additional Terms is
determined to be invalid or unenforceable pursuant to applicable law
including, but not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable provision
that most closely matches the intent of the original provision and the
remainder of these Terms of Service and the Additional Terms shall
continue in effect.
Unless
otherwise specified herein, these Terms of Service, the Additional
Terms and the Privacy Statement constitute the entire agreement between
the user and Coach Kelly with respect to the Coach Kelly system and
they supersede all prior or contemporaneous communications and
proposals, whether electronic, oral or written, between the user and
Coach Kelly with respect to Coach Kelly.
A
printed version of these Terms of Service and of any notice given in
electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to these Terms of Service to the
same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed
form.
Coach
Kelly is not obligated to monitor the content on sites built using the
Coach Kelly system. Coach Kelly reserves the right to disclose any
information, content, or materials as necessary to satisfy any
applicable law, regulation, legal process or government request or in
accordance with Coach Kelly Privacy Statement located at
http://www.coachkelly.com. Coach Kelly reserves the right to edit,
refuse to post or to remove any information, content, or materials, in
whole or in part, from the Coach Kelly websites, in our sole
discretion, without notice at any time.
Any
rights not expressly granted herein are reserved by Coach Kelly,
including all legal and equitable remedies available to Coach Kelly or
violation of any of these Terms of Service.
Copyright and Trademark Notices
All
contents of the Coach Kelly Network are: Copyright © 2008 Coach Kelly,
LLC and/or its suppliers, c/o Coach Kelly, LLC, 6947 Coal Creek Parkway
SE, #230, Newcastle, WA U.S.A. All rights reserved.
Trademarks
Coach
Kelly is either a trademark or registered trademark of Coach Kelly. The
names of actual companies and products mentioned herein may be the
trademarks of their respective owners.
Any rights not expressly granted herein are reserved by Coach Kelly.
Notices and Procedure for Making Claims of Copyright Infringement
Pursuant
to Title 17, United States Code, Section 512(c)(2), notifications of
claimed copyright infringement should be sent to Service Provider's
Designated Agent. To see Coach Kelly Notice and Procedure for Making
Claims of Copyright Infringement, contact Coach Kelly at
info@coachkelly.com
Service Contact
If You need to contact Coach Kelly please send e-mail via our Contact & Background form at www.coachkelly.com
Coach Kelly Legal
All terms of service will continue to apply if COACH KELLY modifies in any way its corporate structure.
Introduction
Coach
Kelly makes available information, materials, and services on this
website, subject to the following terms and conditions. By accessing
this site, you agree to the terms and conditions as outlined in this
legal notice. COACH KELLY reserves the right to change these terms and
conditions from time to time at its sole discretion.
Copyright; Limited License The information on this website is protected by copyright:
Copyright
© 2008 Coach Kelly. All rights reserved. Except as specifically
permitted herein, no portion of the information on this website may be
reproduced in any form or by any means without the prior written
permission from Coach Kelly.
Use of website Information
Except
as otherwise indicated elsewhere on this site, you may view, copy,
print, and distribute documents available on this website subject to
the following conditions:
0. The document may be used solely for personal, informational, non-commercial purposes;
0. The document may not be modified or altered in any way;
0. Any copy of the document or portion thereof must include the copyright notice above and this permission notice; and
0.
COACH KELLY reserves the right to revoke such authorization at any
time, and any such use shall be discontinued immediately upon written
notice from Coach Kelly.
Documents
specified above do not include the design or layout of this website.
Elements of this website are protected by trade dress and other laws
and may not be copied or imitated in whole or in part.
Additional Warranties and Disclaimers
THIS
website COULD INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN; THESE
CHANGES WILL BE INCORPORATED IN NEW EDITIONS OF THIS WEBSITE. COACH
KELLY MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE
PROGRAM(S) DESCRIBED IN THIS WEBSITE AT ANY TIME.
This
website can be accessed from other countries around the world and may
contain references to COACH KELLY products, services, and programs that
have not been announced in your country. These references do not imply
that COACH KELLY intends to announce such products, services or
programs in your country.
Feedback; Confidential Information; Privacy
Please
note that, with the exception of credit card numbers, COACH KELLY does
not want to receive confidential or proprietary information from you
through our website. Any non-personal information or material sent to
COACH KELLY will be deemed NOT to be confidential. By sending COACH
KELLY any non-personal information or material, you grant COACH KELLY
an unrestricted, irrevocable license to use, reproduce, display,
perform, modify, transmit and distribute those materials or
information, and you also agree that COACH KELLY is free to use any
ideas, concepts, know-how or techniques that you send us for any
purpose. However, we will not release your name or otherwise publicize
the fact that you submitted materials or other information to us
unless: (a) you grant us permission to do so; (b) we first notify you
that the materials or other information you submit to a particular part
of a site will be published or otherwise used with your name on it; or
(c) we are required to do so by law.
Links to Third-Party websites
The
COACH KELLY website contains links to third-party websites, which are
not under our control. COACH KELLY makes no representations whatsoever
about any other website to which you may have access through the COACH
KELLY website. When you access a non-COACH KELLY website, you do so at
your own risk and COACH KELLY is not responsible for the accuracy or
reliability of any information, data, opinions, advice, or statements
made on these sites. COACH KELLY provides these links merely as a
convenience and the inclusion of such links does not imply that COACH
KELLY endorses or accepts any responsibility for the content or uses of
such websites.
Trademark Information
The
trademarks, logos and service marks ("Marks") displayed on this website
are the property of COACH KELLY or other third parties. You are not
permitted to use the Marks without the prior written consent of COACH
KELLY or such third party which may own the Marks.
Coach Kelly Acceptable Use Policy
One
important aspect of the Internet is that no one party owns or controls
it. This fact accounts for much of the Internet's openness and value,
but it also places a high premium on the judgment and responsibility of
those who use the Internet, both in the information they acquire and in
the information they disseminate to others. When customers obtain
information through the Internet, they must keep in mind that COACH
KELLY cannot monitor, verify, warrant, or vouch for the accuracy and
quality of the information that customers may acquire. For this reason,
the customer must exercise his or her best judgment in relying on
information obtained from the Internet, and also should be aware that
some material posted to the Internet is sexually explicit or otherwise
offensive. Because COACH KELLY cannot monitor or censor the Internet,
and will not attempt to do so, COACH KELLY cannot accept any
responsibility for injury to its customers that results from
inaccurate, unsuitable, offensive, or illegal Internet communications.
When
customers disseminate information through the Internet, they also must
keep in mind that COACH KELLY does not review, edit, censor, or take
responsibility for any information its customers may create. When users
place information on the Internet, they have the same liability as
other authors for copyright infringement, defamation, and other harmful
speech. Also, because the information they create is carried over Coach
Kelly system and may reach a large number of people, including both
customers and non-customers, customers' postings to the Internet may
affect other customers and may harm Coach Kelly goodwill, business
reputation, and operations. For these reasons, customers violate COACH
KELLY policy and the service agreement when they, their customers,
affiliates, or subsidiaries engage in the following prohibited
activities:
0.
Spamming -- Sending unsolicited bulk and/or commercial messages over
the Internet (known as "spamming"). It is not only harmful because of
its negative impact on consumer attitudes toward Coach Kelly but also
because it can overload the network and disrupt service to COACH KELLY
customers. Also, maintaining an open SMTP relay is prohibited. When a
complaint is received, COACH KELLY has the discretion to determine from
all of the evidence whether the email recipients were from an "opt-in"
email list.
0.
Intellectual Property Violations -- Engaging in any activity that
infringes or misappropriates the intellectual property rights of
others, including copyrights, trademarks, service marks, trade secrets,
software piracy, and patents held by individuals, corporations, or
other entities. Also, engaging in activity that violates privacy,
publicity, or other personal rights of others. COACH KELLY is required
by law to remove or block access to customer content upon receipt of a
proper notice of copyright infringement. It is also policy to terminate
the privileges of customers who commit repeat violations of copyright
laws.
0.
Obscene Speech or Materials -- Using Coach Kelly services to advertise,
transmit, store, post, display, or otherwise make available child
pornography or obscene speech or material. COACH KELLY is required by
law to notify law enforcement agencies when it becomes aware of the
presence of child pornography on or being transmitted through our
network.
0.
Defamatory or Abusive Language -- Using Coach Kelly network as a means
to transmit or post defamatory, harassing, abusive, or threatening
language.
0.
Forging of Headers -- Forging or misrepresenting message headers,
whether in whole or in part, to mask the originator of the message.
0.
Illegal or Unauthorized Access to Other Computers or Networks --
Accessing illegally or without authorization computers, accounts, or
networks belonging to another party, or attempting to penetrate
security measures of another individual's system (often known as
"hacking"). Also, any activity that might be used as a precursor to an
attempted system penetration (i.e. port scan, stealth scan, or other
information gathering activity).
0.
Distribution of Internet Viruses, Worms, Trojan Horses, or Other
Destructive Activities -- Distributing information regarding the
creation of and sending Internet viruses, worms, Trojan horses,
pinging, flooding, mail bombing, or denial of service attacks. Also,
activities that disrupt the use of or interfere with the ability of
others to effectively use the network or any connected network, system,
service, or equipment.
0.
Facilitating a Violation of this AUP -- Advertising, transmitting, or
otherwise making available any software, program, product, or service
that is designed to violate this AUP, which includes the facilitation
of the means to spam, initiation of pinging, flooding, mail bombing,
denial of service attacks, and piracy of software.
0.
Export Control Violations -- Exporting encryption software over the
Internet or otherwise, to points outside the United States.
0.
Other Illegal Activities -- Engaging in activities that are determined
to be illegal, including advertising, transmitting, or otherwise making
available ponzi schemes, pyramid schemes, fraudulently charging credit
cards, and pirating software.
0.
Other Activities -- Engaging in activities, whether lawful or unlawful,
that COACH KELLY determines to be harmful to its customers, operations,
reputation, goodwill, or customer relations.
As
we have pointed out, the responsibility for avoiding the harmful
activities just described rests primarily with the customer. COACH
KELLY will not, as an ordinary practice, monitor the communications of
its customers to ensure that they comply with COACH KELLY policy or
applicable law. When COACH KELLY becomes aware of harmful activities,
however, it may take any action to stop the harmful activity, including
but not limited to, removing information, shutting down a website,
implementing screening software designed to block offending
transmissions, denying access to the Internet, or take any other action
it deems appropriate.
COACH
KELLY also is concerned with the privacy of on-line communications and
websites. In general, the Internet is neither more nor less secure than
other means of communication, including mail, facsimile, and voice
telephone service, all of which can be intercepted and otherwise
compromised. As a matter of prudence, however, COACH KELLY urges its
customers to assume that all of their on-line communications are
insecure. COACH KELLY cannot take any responsibility for the security
of information transmitted over our facilities.
COACH
KELLY will not intentionally monitor private electronic mail messages
sent or received by its customers unless required to do so by law,
governmental authority, or when public safety is at stake. COACH KELLY
may, however, monitor its service electronically to determine that its
facilities are operating satisfactorily. Also, COACH KELLY may disclose
information, including but not limited to, information concerning a
customer, a transmission made using our network, or a website, in order
to comply with a court order, subpoena, summons, discovery request,
warrant, statute, regulation, or governmental request. COACH KELLY
assumes no obligation to inform the customer that customer information
has been provided and in some cases may be prohibited by law from
giving such notice. Finally, COACH KELLY may disclose customer
information or information transmitted over its network where necessary
to protect COACH KELLY and others from harm, or where such disclosure
is necessary to the proper operation of the system.
Privacy Policy
Our
customer's privacy is important to us. Because we may gather certain
types of information about our customers, we want our customers to
understand the terms and conditions surrounding the capture and use of
that information. This privacy statement discloses what information we
gather, how we use it, and how to correct or change it. Our policies
and procedures for handling customer information have been created with
the understanding that Internet technologies are still evolving and
that Internet business methods are continuing to evolve to meet the
needs and opportunities of the changing technologies. As a result,
Coach Kelly policies and procedures are subject to change.
In
the course of serving its customers, COACH KELLY acquires, stores and
transmits customer communications and information that customers may
regard as private or sensitive. Some of this information - such as the
customer's name, address, telephone number, and credit card data - is
provided to COACH KELLY by its customers in order to establish service.
Other information - such as the customer's account status, choice of
services, and customer logs - is created and maintained by COACH KELLY
in the normal course of providing service. COACH KELLY also uses
cookies, which are small pieces of information that a website can store
in a designated file on a user's computer for various reasons. In
addition, COACH KELLY may store customers' electronic mail and other
communications as a necessary incident to the transmission and delivery
of those communications.
COACH
KELLY also requires You to post a Privacy Statement on any website
built with the Coach Kelly system. Though sample language is provided
as a courtesy, You are solely responsible for its use and confirming
its applicability for your website.
Data Security
COACH
KELLY will protect the confidentiality of its customers' information,
account information and personal communications to the fullest extent
possible and consistent with the law and the legitimate interests of
Coach Kelly, its employees and other customers of our services. To
protect the loss, misuse, and alteration of information that is
collected from customers, COACH KELLY has appropriate physical,
electronic, and managerial procedures in place.
How
is customer information used?
COACH KELLY may use customer information
to provide its customers with system information or information about
new or upgraded products.
Opt Out & Modifications
Customers
may opt out of receiving notices of new or upgraded products from COACH
KELLY by following the instructions contained at the end of the notice.
However, customers may not opt out of receiving information from COACH
KELLY which is essential for maintaining or updating customers'
accounts or system information.
If
offered, customers may access and modify their personal information via
their online personal control panel/account information page. Customers
may access and modify their personal information by contacting the
COACH KELLY customer service department via email
support@webpowertools.com.
Disclosure of customer information and communications
COACH
KELLY will not otherwise disclose its customers' personal and account
information unless COACH KELLY has reason to believe that disclosing
such information is necessary to identify, make contact with, or bring
legal action against someone who may be causing harm or interfering
with the rights or property of Coach Kelly, its customers, or others,
or where COACH KELLY has a good faith belief that the law requires such
disclosure.
COACH
KELLY also will not, except for reasons stated below, disclose to third
parties the contents of any electronic mail or other electronic
communications that COACH KELLY stores or transmits for its customers.
The circumstances under which COACH KELLY will disclose such electronic
customer communications are when:
0. it is necessary in order to provide service to the customer;
0. it is necessary to protect the legitimate interests of COACH KELLY and its customers;
0.
it is required to cooperate with interception orders, warrants, or
other legal process that COACH KELLY determines in its sole discretion
to be valid and enforceable; and
0.
it is necessary to provide to a law enforcement agency when the
contents are inadvertently obtained by COACH KELLY and appear to
pertain to the commission of a crime.
COACH
KELLY disclaims any intention to censor, edit or engage in ongoing
review or surveillance of communications stored on or transmitted
through its facilities by customers or others. COACH KELLY will,
however, review, delete or block access to communications that may harm
Coach Kelly, its customers or third parties. The grounds on which COACH
KELLY may take such action include, but are not limited to, actual or
potential violations of Acceptable Use Policy.
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