TERMS OF SERVICE

PLEASE READ THESE TERMS CAREFULLY BEFORE USING COACHLIST (“THE APPLICATION”). YOUR USE OF THE APPLICATION CONSTITUTES YOUR AGREEMENT WITH COACHLIST, INC. TO BE BOUND BY, AND TO ACT IN ACCORDANCE WITH THE FOLLOWING TERMS AND CONDITIONS OF USE (THE “TERMS OF SERVICE”) AS WELL AS COACHLIST’S PRIVACY POLICY (“PRIVACY POLICY”). IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE AND OUR PRIVACY POLICY, DO NOT USE THE APPLICATION.

As used in these Terms of Service, CoachList is referred to as “CoachList”, “us”, “our” or “we”. Anyone who uses the Application is referred to in the Terms of Service as “user” or “you.”

Continuing Agreement

CoachList reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Terms of Service, in whole or in part, at any time. Changes in this Terms of Service will be effective when posted.

Please visit this page of our website to keep up to date with our most current Terms of Service governing your use of the Application. Your continued use of the Application and/or the services offered on or through the Application after any changes to this Terms of Service are posted will be considered acceptance of those changes.

If you register or create an account on the Application, you may be asked to evidence your acceptance and agreement to these Terms of Service and the Privacy Policy by clicking on the “Agree” button and/or to agree to additional terms and conditions that supplement these Terms of Service.

Use of the Application and Application Materials

You have a non-exclusive, nontransferable, limited and revocable right to use the Application solely for personal purposes. No part of the Application may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without the express permission of CoachList. Any unauthorized use or modification of the materials on the Application is a violation of CoachList’s copyright and other proprietary rights. The use of any such material on any other website or computer network without CoachList’s written consent is strictly prohibited. Use by you of the trademarks, service marks and trade names on this Application in any manner other than as authorized in these Terms of Service, or as authorized in writing by CoachList, is strictly prohibited.

Customer Account, Password and Security

You may be required to create an account and register in order to use the Application. If so, to register you will be required to provide us with current, complete and accurate information as prompted by the registration page. All information will be handled in accordance with our CoachList Privacy Policy. You agree that you are solely responsible for maintaining the security and confidentiality of any passwords and account access information associated with your account.

You agree to notify us immediately at [email protected] if you suspect or know of any unauthorized access to or use of your account or password or any other breach of security. We will not be liable for any loss, damages, or injury that you may incur as a result of the unauthorized access or use of your password or account information.

Privacy

For information on how CoachList uses and protects the personally identifiable information you may provide to CoachList or that may be collected by it, read our CoachList Privacy Policy.

User Submitted Content

From time to time, the Application may allow users to post text, images, audio, video, links to other sites, or other content to the Application. As a consequence, you may see materials on the Application that have been submitted by individuals not affiliated with CoachList. Neither CoachList nor any of its affiliates endorses these individual users nor is CoachList associated with any of the materials that the users may post on this Application or link to from this Application. Neither CoachList nor its affiliates (nor their respective officers, employees, or agents) shall have any responsibility or liability of any nature whatsoever arising in connection with any materials provided by these individual users or in connection with any conduct of these individual users.

Submissions/Postings/Sample Promotions

You retain copyright and any other rights you hold in the information, data, photographs, comments, suggestions, graphics, ideas, and other information or materials you submit through the Application (“content”). By submitting, sharing, uploading, posting or displaying the content you give CoachList a worldwide, royalty-free, and non-exclusive license for any purpose whatsoever to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any content which you submit, share, upload, post or display on or through the Application. This means that you acknowledge CoachList’s unrestricted right to use the content (and materials or ideas similar to the content) in any medium, now and in the future, without notice, compensation or other obligation to you or any other person. It also means CoachList has no obligation to keep your submissions confidential.

You confirm and warrant to CoachList that you have all the rights, power and authority necessary to grant the above license. You agree that you will not submit, share, upload, post or display content on or through the Application that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to submit, share, upload, post or display the content and to grant CoachList all of the license rights granted in this section.

CoachList may, but is under no obligation to, monitor or review content and assumes no responsibility or liability arising from the content or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, illegality or inaccuracy contained in any information transmitted to any such locations on this Application. You may not submit, post or transmit any unlawful, threatening, libelous, defamatory, obscene, violent, offensive, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. You may not, while using the Application, distribute viruses or other harmful content.

Claims of Copyright Infringement

CoachList respects the intellectual property rights of others, and asks that you and all users of our services do the same. If you believe your work has been published on our services in a way that constitutes copyright infringement, you must notify CoachList’s copyright agent by providing the following information:

  1. A description of the copyrighted work or other intellectual property that you claim has been infringed.
  2. Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on our websites or mobile applications.
  3. Your address, telephone number, and, if available, e-mail address, so that CoachList can contact you about your complaint.
  4. IV. And a physical or electronically signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf in this situation.

CoachList’s copyright agent for claims of copyright or other intellectual property infringement can be reached as follows:

By Mail:
CoachList, Inc.
548 Market Street, #39123
San Francisco, CA 94104
Attn: Corporate Counsel

By E-Mail: [email protected]

By Phone or Fax: Ph. 415-517-0824 or (800) 825-6040

Prohibited User Conduct

You warrant and agree that, while using the Application and the various services and features offered on or through the Application, you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party’s advertising, branding or other promotional content into any of the Application’s content, materials or services or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or (c) attempt to gain unauthorized access to other computer systems through the Application. You may not: (i) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or use any other automatic means of accessing, logging-in or registering on the Application or for any services or features offered on or through the Application, or obtaining lists of users or obtaining or accessing other information or features on, from or through the Application; (ii) use the Application or the services made available on or through the Application in any manner with the intent to interrupt, damage, disable, overburden, or impair the Application or such services; (iii) use the Application or the Application’s services or features in violation of CoachList or any third party’s intellectual property or other proprietary or legal rights; or (iv) use the Application or the Application’s services in violation of any applicable law.

No Access by Minors

The Application is not intended to be used or accessed by minors under the age of 13 and we do not knowingly collect information from minors. Do not use our services or access our Application if you are 13 or younger. We also do not encourage use by anyone under the age of 18.

Minors and Accounts

By using the Services, you represent that you have either reached the age of "majority" where you live or have valid parent or legal guardian consent to be bound by these Terms. If you do not know whether you have reached the age of majority where you live, or do not understand this section, please ask your parent or legal guardian for help before you create a CoachList account. If you are the parent or legal guardian of a minor that creates a CoachList account, you accept these Terms of Service on the minor’s behalf and are responsible for all use of the CoachList account, or Services, including purchases, whether the minor’s account is now open or created later.

Links to and from the Application

If you link from any other web site to this Application, such link shall open in a new browser window or tab and shall link to the full version of an html formatted page of the Application. You are not permitted to use any linking method whereby the Application content is hosted by us but displayed on another web site (this practice is sometimes referred to as “in-line” linking). You may not to link from any other web site to this Application e in any manner such that the Application, or any page of the Application, is “framed,” surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Application be discontinued, and to revoke your right to link to the Application from any other web site at any time upon written notice to you (including via email).

Geographic Scope of Application

This Application is controlled and operated from within the United States of America while servers and satellite offices may exist elsewhere outside the European Economic Area. All visitors to this Application are responsible for compliance with all local laws applicable to them with respect to the content and operation of this Application.

Terms Applicable to European Residents

If you are a resident of the European Economic Area or Switzerland, the following terms shall apply:

  1. As our Paid Membership services are available for use immediately after purchase, you agree that you will not be entitled to any cancellation or "cooling off" period with respect to purchases of Paid Membership services.
  2. With respect to any goods purchased from our website (www.CoachList.com), any applicable cancellation rights under the law of your country of residence will apply in lieu of any limitations imposed by Section 2.E. of this Agreement.
  3. Nothing in this Agreement shall limit our liability for death or personal injury caused by our negligence.
  4. For claims against CoachList for compensation due to damages resulting from CoachList’s willful or gross negligence, or in case of misrepresentation where an explicitly promised feature is lacking from a service, CoachList’s liability for damages will not be limited.
  5. For claims against CoachList for compensation due to damages resulting from CoachList’s negligence (regardless of the legal basis), CoachList will not be liable unless it has violated a substantial contractual obligation or cardinal duty. Such an obligation or duty will be an obligation of this Agreement on which the user would have reasonably relied or which is essential to the performance of this Agreement or, if breached, would frustrate the purpose of this Agreement. Such claims will be limited to such amounts as are typical and foreseeable.
  6. Liability for all other damages is excluded, in particular for loss of data or hardware defects or interruption which are caused by unforeseen incompatibility with your systems or mobile devices or for system interruptions caused by incorrect configuration or outdated components.
  7. All limitations of liability in this Agreement shall apply in equal scope and substance to community members who serve as reviewers, translators and forum moderators/administrators. Liability for advice, recommendations and any information shared on CoachList´s services is limited according to sec 675 par 2 BGB.
  8. Nothing in this Agreement shall limit our liability under applicable German product liability law (Produkthaftungsgesetz).

Links to Other Websites

For your convenience and enjoyment, you may also access other websites or application via links on the Application. These links and applications do not mean that CoachList endorses, approves or sponsors any information available at the linked site or application, or any products that may be sold through a linked site, nor is CoachList liable for any damage that might result from your use of such information or products.

Contents of the Application – Disclaimer

The materials in this Application (including any graphics, software, recommendations or other materials) and any materials made available through this Application are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, CoachList disclaims all warranties, express or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. CoachList does not warrant or make any representations regarding the use or the results of the use of the materials in this Application in terms of their correctness, accuracy, reliability, or otherwise. The materials in this Application could include technical inaccuracies or typographical errors. These materials could be inaccurate or become inaccurate as a result of developments occurring after their respective dates. CoachList undertakes no obligation to verify or maintain the currency of such information.

Refunds & Returns

CoachList endeavors to ensure all customers are happy with their services and purchases. CoachList will work with any dissatisfied individual in a reasonable attempt to correct a situation where customer satisfaction is not perceived to be equivalent to the services rendered or purchased. Please contact Customer Support [email protected] with further inquiries.

Operation of the Application – Disclaimer

CoachList endeavors to maintain this Application and its operation, but is not, and cannot be, responsible for the results of any defects that may exist in the Application or its operation. As to the operation of the Application, CoachList expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to all implied warranties of merchantability or fitness for a particular purpose, title and non-infringement. CoachList makes no warranty that (i) the operation of the Application will meet the user’s requirements; (ii) access to the Application will be uninterrupted, timely, secure, free of viruses, worms, trojan horses or other harmful components, or free of defects or errors; (iii) the results that may be obtained from the use of the Application will be accurate or reliable; or (iv) defects will be corrected. You (and not CoachList) assume the entire cost of all servicing, repair, or correction that may be necessary for your computer equipment and software as a result of any viruses, errors or any other problems whatsoever you may have as a result of visiting this Application.

Limitation of Liability

Under no circumstances shall CoachList be liable for any damages or injury, including any direct, special, incidental, consequential, punitive or other damages, that may result from the use of, or the inability to use the application, or any products purchased from the Application, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of the Application or information available in the Application. CoachList shall not be liable even if CoachList or a CoachList authorized representative has been advised of the possibility of such damages. These include but are not limited to damages or injury caused by error, omission, interruption, defect, failure of performance, delay in operation or transmission, line failure or computer virus, worm, trojan horse or other harmful component.

Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall CoachList’s total liability to you for damages, losses, and causes of action (whether in contract, tort including, but not limited to, negligence, or otherwise) exceed the amount paid by you, if any, for accessing this Application.

Indemnity

You hereby agree to indemnify, defend and hold CoachList, its officers, directors, agents, affiliates, and licensors (the “indemnified parties”) harmless from and against any claim or liability arising out of (a) any content you submit, share, upload, post or display on or to the Application; (b) any breach of or noncompliance with any representation, warranty or obligation in these Terms of Service, the limited warranty and return policy or the Privacy Policy; and (c) any claim that your use or the content you submit violates any applicable law or third party rights, including without limitation that it infringes the rights of a third party. You shall cooperate fully in the defense of any claim. CoachList reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You acknowledge that damages for improper use of the Application may be irreparable; therefore, CoachList is entitled to seek equitable relief, including injunction and preliminary injunction, in addition to all other remedies.

Force Majeure

CoachList is not be responsible for any failure or delay in performance due to circumstances beyond its reasonable control, including without limitation acts of god, war, terrorism, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, or failures of third party service providers (including providers of internet services, hosting services and/or telecommunications).

Breach

In the event you breach these Terms of Service, our Privacy Policy or our Warranty and Return policy, CoachList may issue a warning, or may suspend, terminate, or restrict your activities on the Application. Any such action shall be taken in the sole discretion of CoachList and you agree not to hold CoachList responsible for any inconvenience or loss which you may incur as a result of CoachList taking any of the actions described above.

Applicable Law; Jurisdiction

These Terms of Service and any disputes arising under or related to these Terms of Service (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the State of California, without reference to its conflicts of law principles. Any legal actions, suits or proceedings arising out of these Terms of Service (whether for breach of contract, tortious conduct or otherwise) will be brought exclusively in court of competent jurisdiction located in California, and you hereby accept and submit to the personal jurisdiction of such California courts with respect to any legal actions, suits or proceedings arising out of these Terms of Service. You also waive to the fullest extent permitted by law any right to a trial by jury in any action, suit or proceeding brought to enforce, defend or interpret any right or remedies under, or arising in connection with or relating to, these Terms of Service.

Severability

If any provision of these Terms of Service shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

No waiver

No failure on the part of CoachList to enforce any part of these Terms of Service shall constitute a waiver of any of CoachList’s rights under these Terms of Service whether for past or future actions on the part of any person. Neither the receipt of any funds by CoachList nor the reliance of any person on CoachList’s actions shall be deemed to constitute a waiver of any part of these Terms of Service. Only a specific, written waiver signed by an authorized representative of CoachList shall have any legal effect whatsoever.

No Legal Effect

The paragraph titles in these Terms of Service, and in our limited warranty and return policy and Privacy Policy are for convenience only and have no legal or contractual effect.

Limitation of Actions

No action, regardless of form, arising out of these terms and conditions may be commenced more than one year after the cause of action has occurred, except an action for nonpayment.

Entire agreement

These Terms of Service, together with our Privacy Policy, represent the whole legal agreement between you and CoachList and supersede and replace any prior agreements with CoachList.

Termination

CoachList may terminate, change, suspend or discontinue any aspect of the Application or the Application’s operation or services at any time. CoachList may restrict, suspend or terminate your access to the Application and/or its products and services if we believe you are in breach of our Terms of Service or applicable law, or for any other reason without notice or liability. CoachList maintains a policy that provides for the termination in appropriate circumstances of the Application use privileges of users who are repeat infringers of intellectual property rights.