The Coaching Sanctuary Terms of Use
Updated July 15, 2010 - (Previous Terms of Use)
By clicking that you accept these Terms and Conditions of Use of The Coaching Sanctuary, you agree to a legally binding contract between you, the user, and The Coaching Sanctuary, LLC ("Company" or "CS"). The Coaching Sanctuary, LLC, owns and operates CoachingSanctuary.com Website, including the CS web application, ("Site") and other services offered on or through the Site (collectively, the "Services").The Coaching Sanctuary reserves the right to change, modify, add, or remove portions of these terms at any time. You agree to check these Terms and Conditions ("Terms") periodically for changes. Your continued use of our website following the posting of changes to these Terms, including the Privacy Policy, will mean you accept the changes. You represent and warrant to CS that you will fully comply with the CS Terms and Conditions of Use and the CS Privacy Policy. If you do not agree with the terms, please do not use the Website. The Terms outline the legal obligations of CS and you, the user, and also outline what you can and cannot do while accessing the Site and Services.
Our Privacy Policy outlines our policy to respect the privacy of users. Please be sure to read our Privacy Policy . This is incorporated by reference into the Terms of Use.
Coaching Sanctuary has been created with women in mind, therefore we offer a number of wonderful tips and examples geared towards women. However, the content is relevant for men as well. We do ask that each member respect the other members' opinions and comments in keeping with our sanctuary-like community. Please be sure to read our Community Guidelines , which is incorporated by reference into the Terms of Use.
Currently our Site and Services are designed for and intended for users in the United States. We make no representation that the Site or Services are applicable to, appropriate for, or available to users in locations outside the United States. Accessing the Site and Services from territories where the content is illegal is prohibited. If you choose to access the Site and Services from a location outside the U.S., you do so on your own initiative and you are responsible for compliance with local laws.
Membership. Upon registration and acceptance, CS grants you a limited license to make personal use of our Site and Services in accordance with this Agreement. In order to assure the integrity of our Site, we require that you only submit your real name as your user name during registration. You agree not to provide any false information on the Site or to create an account for anyone other than yourself. Your account is personal to you, which means that you are not authorized to transfer, loan, give or sell your account membership. It is your responsibility to keep your account identity and password confidential. You are solely responsible for any loss or damage from your failure to comply with this security obligation. You agree to notify CS immediately if there is any unauthorized use of your account. You agree to keep your account information and Profile up dated and accurate.
Payments and Subscriptions. We offer flexibility through our various pricing plans. You have several opportunities to explore and enjoy our services prior to subscribing: we provide you with the opportunity to "test drive" our services prior to subscribing, or if you create a personal account, within the first two log ins to our services. Please refer to our Site for various subscription pricing. You may upgrade, downgrade, cancel or temporarily suspend your subscription. Monthly subscriptions shall automatically renew each month, with your monthly fee charged to your credit card for the amount due at the beginning of each month. Should you choose to change or cancel your subscription, please make the changes through your My Account Settings, as we are unable to accept emails or phone calls for changes and cancellations. You will receive a confirmation of your subscription plan change or cancellation within 2 days. We must receive your change or cancellation notice 3 days prior to the end of the month for the next month's payment, or the change or cancellation will be effective the following month. When you upgrade your subscription, you will receive a credit for up to one half of the pro-rated amount remaining on your subscription plan price. Once you upgrade, you can begin using the additional features immediately. You can also downgrade or suspend your subscription. The cancellation or suspension will take place at the end of the current billing cycle. Our monthly subscription fees are subject to change upon 30 days notice with such notice provided at any time by posting the changes to the Site and by email. You acknowledge that you have legal authority to enter into this Agreement, and that you are either the account holder of the credit card to be used, or you have received authorization from the credit card holder to charge the credit card for the indicated amount of for these Services, to be delivered to this CS account. If you experience a problem accessing your Account or Account Settings, please contact us at helpdesk@coachingsanctuary.com.Rights and Restrictions on Use. You shall use the Site and Services for lawful purposes only. You shall not post or transmit any material that (i) violates or infringes in any way upon the rights of others including but not limited to, any intellectual property rights, the right of privacy, or publicity; (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable; (iii) encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law; or (iv) is false, inaccurate or misleading. You are prohibited from using the Services to (i) facilitate mail abuse or unsolicited email of any type (Spam); (ii) deliver viruses, Trojan horses, malware, or the like, or other programming routines that may damage or interfere with the Site; (iii) create liability for us, or cause us to lose (in whole or part) the services of our ISPs or other suppliers; or (iv) bypass any security features (including the use of another person's user name to access the Site) or encryption tools that we may use to prevent or restrict access to all or parts of the Site. You further agree that you will not use the Site or Services to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services. We reserve the right to refuse service to users for any reason. If your account has been terminated for any reason, you may not re-register as a member without our prior written consent. We may alter, suspend or discontinue any aspect of the Site or Services at any time, including the availability of any feature or content. We may also impose limitations on certain features and aspects of the Site or restrict access to all parts of the Site or Services without notice or liability.
Forums, Including But Not Limited To, Community Boards, Vision Boards and Exercises. You should not include your telephone number, street address, last name or any other personally identifiable information on any area of our Site that is accessible by the public. You should not reference any person by a real name, or provide any other personally identifiable information about any person or entity. You should not upload photos that include other people unless those people consent to the posting of the photo. We do not guarantee that we will edit or delete posts. We do not actively monitor the contents of posted messages and are not responsible for any message posted. Posted messages express the views of the author of the message, not the views of CS. Any user who feels that a posted message is objectionable is encouraged to contact us immediately by email at info@coachingsanctuary.com. We reserve the right to reveal your identity (or whatever information we know about you) if a complaint or legal action arises from your behavior.
Submissions to CS Site. Any information submitted to CS will be deemed NOT CONFIDENTIAL if posted in a public area, or if available for viewing by other users. (Please refer to our Privacy Policy for additional information.) By posting a submission you warrant and represent that you own or otherwise control all of the rights to your submission as described in these Terms including, without limitation, all the rights necessary for you to provide, post, upload, input or submit your submissions. Unless otherwise specified, CS does not claim ownership of your submissions. However, by posting, uploading, inputting, providing or submitting ("Posting") your submission you are granting CS permission to use your submission in connection with the operation of its businesses. You grant CS an unrestricted, irrevocable license to display, use, modify, perform, reproduce, translate, transmit, and distribute via our Site or Services any information you send CS, for the purposes outlined within the context of the submission or herein.
Copyright and Intellectual Property. In addition to the warranty and representation set forth above, by Posting a submission, you warrant and represent that (a) you are the copyright owner of your submission or you have the permission of the copyright owner; (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms; and (c) your Posting will not violate the intellectual property rights of any individuals or entities. You acknowledge that CS is not responsible for the accuracy of any submissions. All postings, whether publicly posted or privately transmitted, are the sole responsibility of the persons from whom such postings originated. This means that you, and not CS, are entirely responsible for all postings that you Post to the Site. You are prohibited from Posting any libelous, obscene, defamatory, pornographic, or other materials that would violate any laws. However, if such communications do occur, CS will have no liability related to such submissions. You further acknowledge that CS does not pre-screen submissions, but that CS has the right in its sole discretion to block or restrict access to or the availability of, or to disable, any submissions that are available via the Site. Without limiting the foregoing, CS may disable or restrict access to or the availability of any posting that violates these Terms, which is otherwise objectionable, or which CS in its sole discretion decides to disable or restrict.
Copyright Infringement. CS will investigate notices of copyright infringement and take appropriate actions under applicable local law including, in the United States, the Digital Millennium Copyright Act. Written notification of claimed copyright infringement must be submitted to our DMCA Agent:
Darlene Dozier, Esq.
One Blackfield Drive, Ste. 130
Tiburon, California 94920
Darlene@DDozierLaw.com
Ph. 415.225.5697
To be effective, the notification must include the following:
- An electronic or physical signature of the copyright owner or the person authorized to act on its behalf;
- A description of the copyrighted work claimed to have been infringed;
- A description of the location of the infringing material and information reasonably sufficient to permit CS to locate the material;
- Your contact information, including your address, telephone number, and email address;
- A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and, under the penalty of perjury, that you are authorized to act on behalf of the copyright owner.
LINKING SITES. Links in the Site may allow you to leave the Site. Linked sites are not under our control and we are not responsible for the content available there. We are providing these links to other websites as a convenience to you, and access to any other website linked to the Site is visited at your own risk. The inclusion of a link on the Site does not imply a recommendation or endorsement by us of the linked website. This includes all affiliates. Please refer to the terms of use and privacy policy for each site visited.
DISCLAIMER OF WARRANTIES. THE MATERIALS AND THE INFORMATION OFFERED ON AND IN THE SITE OR THROUGH SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT YOUR ACCEPTANCE AND USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE RELATED TO THE USE OF THE SITE AND SERVICES. CS DOES NOT WARRANT THAT THE SITE, COMPUTER SYSTEMS OR SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT CS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. FURTHERMORE, CS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE MATERIALS, GOODS, CONTENT OR SERVICES POSTED EITHER BY CS, CS USERS, INCLUDING COACHES, OR ITS ADVERTISING PARTNERS (AFFILIATES) OR ADVERTISED ON THE SITE. AS A SERVICE TO YOU, WE MAY PROVIDE ACCESS TO THIRD PARTY AFFILIATES AND ASK THAT YOU REVIEW THEIR COMPANY POLICIES, INCLUDING BUT NOT LIMITED TO THEIR TERMS OF USE AND PRIVACY POLICY. YOU AGREE THAT NEITHER CS NOR ITS AFFILIATED OR RELATED ENTITIES, ARE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM ANY PRODUCT, INFORMATION OR OPINIONS PROVIDED ON AND THROUGH THE SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND SERVICES AND YOUR RELATIONSHIP AND COMMUNICATIONS WITH USERS. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS CS, OUR OFFICERS, DIRECTORS, AGENTS, COACHES, EMPLOYEES CONTRACTORS AND SUPPLIERS FROM AND AGAINST ANY AND ALL DAMAGES (ACTUAL AND CONSEQUENTIAL), CLAIMS, DEMANDS AND LIABILITIES, OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, INCLUDING ATTORNEY'S FEES, THAT DIRECTLY OR INDIRECTLY ARISE FROM, RELATE TO, OR RESULT FROM USE OF THE SITE OR ANY SERVICES PROVIDED BY CS. THE ENTIRE LIABILITY OF CS, ITS OFFICERS, CLIENTS, COACHES, PROVIDERS, AND AUTHORIZED AGENTS AND YOUR EXCLUSIVE REMEDY SHALL BE LIMITED TO ACTUAL DAMAGES INCURRED BY YOU BASED ON REASONABLE RELIANCE UP TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU OR U.S. $1. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
GENERAL RELEASE. IF A DISPUTE ARISES BETWEEN ONE OR MORE USERS, EACH OF YOU RELEASE CS, OUR OFFICERS DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS FROM CLIAMS,
Intellectual Property and Copyright Notice. This site is controlled and operated by CS. Our proprietary software, and our materials and information on the Site and Services, including, but not limited to, images, text, data, illustrations, audio, video files, and the selection, coordination and arrangement of such materials (collectively "Intellectual Property"), are protected by copyrights, trademarks, service marks, or other proprietary rights which are either owned by CS or owned by other parties who have licensed their intellectual property to us, and all other trademarks, service marks, and trade names used on the Site are the property of their respective owners. You agree that the Site's Intellectual Property may not be used without the express written permission of CS. You additionally agree that the Intellectual Property, including but not limited to the marks and logos, will not be used in any manner that disparages or discredits the Site and Services, or is likely to cause consumer confusion. Except as expressly authorized herein, material from the Site and Services may not be copied, modified, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Use or modification of our Intellectual Property in any form, including but not limited to use on any other website or networked computer environment, without express written authorization is a violation of our copyrights and other proprietary rights and is strictly prohibited.
Breach. Without limiting other remedies, we may limit your activity, issue a warning, temporarily suspend, indefinitely terminate your membership and refuse to provide our Services to you if, within our sole and independent judgment: (a) You breach, or we reasonably anticipate that you are about to breach this Agreement or the documents it incorporates by reference; (b) we are unable to authenticate any information you provide to us; (c) you fail to pay any amount due by the due date; or (d) we believe that your actions may cause financial loss or legal liability for you, our users, or CS. We can also terminate this Agreement at any time, with or without cause.
Minors. CS does not knowingly collect information from anyone under the age of 18. Our Site is directed at those who are over the age of 18. If someone is under the age of 18, they should only use this site under the supervision of an adult and should not submit any information to this Site.
Indemnification. You agree to indemnify CS and its officers, directors, employees, agents, distributors, coaches, and affiliates from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable attorney's fees, resulting from your breach of any of the provisions of these Terms, including the documents incorporated by reference.
Choice of Law and Jurisdictional Issues. These Terms, including but not limited to the Privacy Policy, shall be governed by the laws of the State of California, without regard to principles of conflicts of law. You submit to the exclusive personal jurisdiction of the state and federal courts located in Marin County, California and the Northern District of California. These Terms of Use, including the Privacy Policy and any supplemental terms, policies, rules and guidelines posted on the Site, constitute the entire agreement between you and CS. If any part of these Terms of Service is held invalid or unenforceable, the remaining portions shall remain in full force and effect.
Entire Agreement. This is the entire Agreement governing the use of the Site and Services. No waiver of any breach of this Agreement shall be a waiver of any other provision of this Agreement, and no waiver shall be valid unless in writing signed by the parties. If any provision of this Agreement is held invalid, such provision shall be restated to reflect, as nearly as possible, the original intention of CS.
Assignment and Succession. Notwithstanding any other provision of these Terms, CS, its successors and assigns may fully enforce any term or provision of these Terms, and all rights and benefits shall inure to such successors and assigns, with or without prior notice.
Termination. You may cancel your membership at any time by writing to us at info@coachingsancturary.com. Your membership cancellation will take effect at the end of the month in which we receive notice. Please allow up to five business days for processing. Within a reasonable period of time from your cancellation, all of the information you submitted to our Site will be unavailable for viewing and will be deleted from our active databases, but may remain in our archives, particularly if required to be stored for legal purposes. Upon termination of your account, the Terms will remain in effect and legally binding, without limitation.
Notice. Unless otherwise indicated, please direct notices to The Coaching Sanctuary, LLC, 417 Manzanita Avenue, Corte Madera, CA 94925.
No Medical or Mental Health Advice. You understand and agree that the information contained in our Site is not intended, and shall not be used, as a substitute for medical or mental health advice. Our site delivers tools designed to enrich your life and well-being.
Compliance With ADA. It is our goal to comply with the ADA, making access to our services available to as many people as possible. If you have any suggestions to make access to our site easier, please contact us, as we continue to improve our services and products.
These Terms and Conditions of Use, including the Privacy Policy referenced herein, can change at any time without notice. It is your responsibility to review these Terms and the Privacy Policy, both of which are available at www.CoachingSanctuary.com.
© 2010 Coaching Sanctuary, LLC. All Rights Reserved.
