We may provide, through the Site, services (defined herein as “Services”) that include without limitation the:
(a) provision of the Site and other online services and Internet sites;
(b) display, performance, provision, and use of: information such as educational, promotional, product, pricing, marketing or other valuable information (“Information”); copyrighted works, photographs, text, music, video, sound, graphics, messages, and other Materials, including Our Materials and Third Party Materials (“Content”); and our and Third Parties’ Trademarks;
(c) offering of products and services for sale or use.
You can contact us about this Site or about accessing and changing any personal information you provide at this Site through contact information contained on the Site.
3.1 Trademarks, Copyright and Intellectual Property Ownership
Except where noted, we own the names, marks, brands, design marks, slogans, logos, designs, trade dress and trade names on the Site that identify our products and services (“Our Trademarks”). We own all Trademarks, the Content (subject to a Third Party owning its Intellectual Property) , and other information displayed and posted on, contained in, and/or provided in connection with, the Site and/or the Service (collectively, “Our Materials”). Also, third parties have allowed us to post or use their materials and Trademarks on the Site (“Third Party Materials”). We refer to Our Materials and Third Party Materials collectively as the “Materials.”
3.2 Copyright Notice
Our Materials contained on the Site are protected by copyright and cannot be reproduced, adapted, publicly displayed or distributed in any manner without our express prior written consent.
We exclusively own, or have the right to use or license, all intellectual property in the Materials, proprietary information and know-how used with the Site and Services. We maintain all of the web pages of the Site as a collective work under the U.S. copyright law.
3.3 Rights in Materials
You agree not to display, use (including co-branding your owns goods or services with our Trademark), remove, or alter any Trademarks, Content or other Information without our prior written consent.
You also agree that any use by you, or on your behalf, of our Trademarks to identify our products and services, and the goodwill associated therewith, shall inure to our benefit.
By using or accessing the Site or Services, you agree to adhere to the following General Use Rules. We reserve the right to suspend or terminate your access to the Site, and to refuse any and all current or future access to, or use of, the Site and the Service for violation of any of the following General Use Rules.
(a) You agree not to use obscene, racist, vulgar, discourteous, indecent or sexually explicit language or images. You agree not to post, upload, e-mail, transmit, distribute, or otherwise make available, any such content or materials onto any of the Site, including any Blog Comment (defined below);
(b) You agree not to post or transmit infringing material or harassing communications or advertisements. You also agree not to post, communicate, upload, e-mail, transmit, distribute, or otherwise make available:
(c) You agree not to use the Blog Comment or the Site for commercial purposes of any kind;
(d) You agree not to harm, or attempt to harm, lure or deceive minors in any way by your use or access of the Site or Services;
(e) You agree not to create or use a false identity for the purpose of misleading others;
(f) You agree not to collect or store personal data about other users;
(g) You agree not to post or distribute any software or other materials that contain a virus, worm, Trojan horse or other harmful or disabling code or component;
(h) You agree not to interfere with, or disrupt, the operation of the Site and/or the Service, or with servers or networks connected to, or used in connection with the operation of the Site;
(i) You agree not to disobey any requirements, procedures, policies or regulations established by the owners or operators of any networks, hardware, or software connected to, or used in connection with the operation of the Site, or any requirement that we post on the Site; and
(j) You agree to respect the privacy of others. You agree not to post or disclose phone numbers, addresses, Social Security numbers, or any other private information, relating to any other person.
5.1 Proper Notice Required
“Copyright© Advantage Coaching & Training, Inc. All rights reserved. Used by permission.”
All other copyright notices and Trademark notices should be maintained and displayed, as displayed on the Site or on the relevant work, or as otherwise instructed by us.
6.1 Downloadable Materials
We may identify certain Materials on our Site as being downloadable (“Licensed Materials”). You may download one copy of these identified downloadable materials subject to the restrictions of the license granted in this Section 6.1. We grant to you a limited, non-exclusive, non-transferable, non-sublicensable, license to view, print, and make one copy of the Licensed Materials for only informational, educational, non-commercial, personal purposes and without alteration of the materials (the “License”). You can use the Licensed Materials only in the format in which we make them available on the Site for download, and only in authorized distributions.
The License is subject to the following additional restrictions:
(a) You cannot charge or collect any Distribution Fee for the distribution of any of the Licensed Materials. The term “Distribution Fee” means any and all payments of monies, fees, royalties, remuneration, donations, gifts or other consideration, whether in cash or like-kind, received by, paid to, owed to, on or behalf of, a user or a distributor that arise from, or are in any way related to the provision, transmission, distribution, sale, license, lease, rental or other use of the Licensed Materials, including specifically without limitation, any fundraising activities;
(b) All copyright, trademark or other proprietary notices that appear on the Licensed Materials, together with the permission notice, must appear on all copies of the Licensed Materials that you make or distribute;
(c) You shall not use, copy or distribute any graphics comprising part of the Licensed Materials separate from accompanying text;
(d) You shall not use the Licensed Materials in connection with, or relation to, any fundraising activities;
(e) You shall not use the Licensed Materials in a manner that suggests an association with or endorsement by us, or any of our products, Services, or brands; and
(f) You shall not download quantities of Licensed Materials to a database that can be used to avoid future downloads of any of the Licensed Materials from any of the Sites.
6.2 Download of General Content
For the Materials not clearly identified and intended as downloadable materials (“General Content”) we grant you a limited, non-exclusive license to print one copy of the General Content, without alteration for your use for informational, non-commercial, private or personal purposes only. No other use of downloaded General Content is allowed unless specifically allowed on the Site. You shall not copy any of the General Content or Materials or Content on our websites, onto another website. You may, however, access the Materials or Contents of our websites through a hyperlink.
6.3 Reservation of Rights
We reserve any rights not expressly granted herein.
6.4 Termination of License
7.1 Provision of Your Personal Information
7.2 Accuracy of Personal Information
In operating our Site, we seek to provide valuable information, and we value accurate and honest communication. In using the Site, you agree to provide true, accurate, current and complete information about yourself or other data and materials you provide.
8.1 Truthful Participation and Assumption of Risk in Communications
Through our Site, you may participate in communication activities including Blog Comments and email. We cannot be, and we are not, responsible for the content, opinions or accuracy of any information provided or posted in any communication. You participate at your own risk when engaging in any activity relating to the Site and/or the Service (including any communication). You expressly assume all risk and take full and sole responsibility for (a) all postings made by you (b) and any use of any Information, Content or Materials provided or displayed on, or contained in, the Site (including in any Blog Comment). Portions of the Site may allow users to post their own comments. The comments posted by users do not necessarily reflect our views and we shall not be liable for any user information posted or displayed on, or uploaded onto any of the Site.
8.2 We have the Right to Remove or Block Postings or Interactive Communications
We reserve the right to remove or block any and all postings and Interactive Communications, including those that we consider to be:
9.1 Linking to Third Party Sites from Our Site
From time to time, we may provide links on the Site that will allow you to connect with web sites of third parties that are not under our control. We are providing these links only as a convenience to you. Further, there may be times while in the Site that you could be directed to sites that are beyond our control. This includes links from other organizations, sponsors or volunteers that may use our logo(s) as part of an agreement with us. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive.
9.2 No Warranties
9.3 No Endorsement
Links to other websites do not imply an endorsement of the materials, products, content, ideas or Interactive Communications displayed on, or disseminated at or through those web sites, nor does the existence of a link to another of our Sites imply that the organization or person publishing at that Site endorses any of the materials or ideas at our Site. We reserve the right to disable links from third party sites to any of our Sites at any time without prior notice.
9.4 Rules for Linking to the Site
We may provide the option for you to post a link to the site from your website or other third party sites. We reserve the right to, at any time and without prior notice, ask you to remove the link should we determine it to have a negative effect on our website, search engine results or other negative impact on our visitors. You agree to remove the link immediately upon request.
10.1 Product Sales and Availability
We may sell certain products and materials on our Sites. All prices for products and Materials sold through the Site are quoted in U.S. Dollars, and are valid and effective only in the United States at the time of posting. If we provide products or Materials for delivery to certain locations outside the United States, we reserve the right to charge a higher price, or additional fees, for such products. We reserve the right to, at any time, and without prior notice, discontinue or change information, availability and pricing on any product or Materials on the Site, without incurring any obligations to you or any other party. You are responsible for any applicable use taxes of your jurisdiction imposed as user or buyer of products or services.
10.2 Third Party Sales
WE MAKE NO REPRESENTATIONS WITH RESPECT TO THE AVAILABILITY OR QUALITY OF ANY PRODUCTS, MATERIALS OR SERVICES THAT YOU PURCHASE FROM A THIRD PARTY WEBSITE THAT LINKS TO OR FROM THE SITE, OR AS A RESULT OF THIRD PARTY CONTENT POSTED, DISPLAYED OR INCLUDED ON THE SITE. WE DO NOT ENDORSE ANY OF THE PRODUCTS, NOR HAVE WE TAKEN ANY STEPS TO CONFIRM THE ACCURACY OR RELIABILITY OF ANY INFORMATION CONTAINED IN SUCH THIRD PARTY SITES OR CONTENT (INCLUDING ADVERTISEMENTS).
YOU HEREBY IRREVOCABLY AND FOREVER RELEASE AND WAIVE (ON BEHALF OF YOURSELF AND YOUR HEIRS, PERSONAL REPRESENTATIVE, AND PERMITTED ASSIGNS) ANY CLAIM AGAINST US RELATING TO, OR ARISING OUT OF, (A) THE OPERATION OR DISPLAY OF ANY THIRD PARTY WEBSITES AND THIRD PARTY CONTENT, WHETHER OR NOT SUCH WEBSITES AND CONTENT ARE ACCESSIBLE THROUGH, OR DISPLAYED ON, THE SITE; (B) YOUR ACCESS OR USE OF ANY THIRD PARTY WEBSITE OR THIRD PARTY CONTENT; AND (C) ANY AND ALL PRODUCTS OR MATERIALS THAT YOU PURCHASE FROM ANY THIRD PARTY WEBSITE, EVEN IF SUCH PRODUCT IS ADVERTISED ON THE SITE.
WE STRONGLY ENCOURAGE YOU TO MAKE WHATEVER INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY ON-LINE OR OFFLINE TRANSACTION WITH THE OPERATOR OR OWNER OF A THIRD PARTY WEBSITE OR THE PUBLISHER OR OWNER OF ANY THIRD PARTY CONTENT DISPLAYED ON THE SITE.
10.3 Ownership of Third Party Materials
10.4 Credit Cards
We take the issue of your privacy seriously. All credit card information submitted is protected by SSL (Secure Sockets Layer) encryption or similar technology. We provide your credit card number, billing and shipping information to participating merchants from whom you buy goods or services. All credit card payments are processed using PCI compliant technology, to ensure that your credit card number is securely passed to the merchant. These merchants are solely responsible for how they use that information and any other information they independently acquire from you or about you.
11.1 EXCEPT FOR THE LIMITED WARRANTIES OTHERWISE EXPRESSLY STATED AND DISPLAYED ON THE SITE RELATING TO CERTAIN PRODUCTS THAT WE SELL THROUGH THE SITE, YOUR USE OF THE SITE, THE SERVICE, ALL CONTENT, ALL INFORMATION, AND ALL MATERIALS ARE OFFERED ON AN “AS IS” BASIS, “WITH ALL FAULTS,” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SITE, ALL INFORMATION, CONTENT, MATERIALS, AND THE SERVICE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. WE DO NOT WARRANT THAT (A) THE FUNCTIONS CONTAINED IN THE SITE AND/OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; (B) THAT DEFECTS OR ERRORS WILL BE CORRECTED PROMPTLY OR AT ALL; AND/OR (C) THAT ANY OF THE SITE, INFORMATION, CONTENT, MATERIALS, THE SERVICE (AND/OR ANY SOFTWARE, SERVER, COMPUTER, HARDWARE, OR NETWORK RELATING TO THE OPERATION, OR HOSTING OF, ANY OF THE FOREGOING) WILL BE FREE OF VIRUSES, ERRORS, OR HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY COMMUNICATIONS OR MATERIALS POSTED ON THE SITE OR IN ANY FORUM.
11.2. WE EXPRESSLY DISCLAIM ANY WARRANTIES, REPRESENTATIONS, OR RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF ANY INFORMATION, CONTENT, AND MATERIALS CONTAINED, DISPLAYED, OR POSTED ON THE SITE OR OTHERWISE AVAILABLE THROUGH THE SITE, OR ON SITES THAT LINK TO OR FROM THE SITE. ALL SUCH INFORMATION, CONTENT AND MATERIALS ARE SUBJECT TO CHANGE WITHOUT NOTICE. WE DO NOT WARRANT, OR MAKE ANY REPRESENTATIONS WITH RESPECT TO THE USE, OR THE RESULTS THAT MAY BE ACHIEVED THROUGH SUCH USE, OF ANY OF THE SITES, ANY PART OF THE SERVICE, AND/OR ANY INFORMATION, CONTENT, AND/OR MATERIALS.
11.3 AT ANY TIME AND WITHOUT NOTICE, WE MAY, FOR ANY REASON WHATSOEVER AND WITHOUT INCURRING ANY LIABILITY OR OBLIGATION TO YOU OR ANY OTHER PARTY, TERMINATE OR SUSPEND THE DISPLAY, OPERATION AND/OR PROVISION OF (A) THE-SITE (OR ANY PART THEREOF, INCLUDING ANY CONTENT, INFORMATION, AND/OR MATERIALS); (B) ANY PART OF THE SERVICE; AND/OR (C) YOUR ACCESS TO THE SITE OR ANY PART OF THE SERVICE.
11.4 WHILE WE WILL MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ON OUR SITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE, ACCURATE, COMPLETE OR THAT OUR SITE CONTAINS ALL OF THE RELEVANT INFORMATION AVAILABLE.
You hereby agree to indemnify, defend, and hold us, our officers, directors, owners, agents, information providers, affiliates, licensors, and licensees (collectively, the “Indemnified Parties”), harmless from and against any and all liabilities and costs (including reasonable attorney’s fees) incurred by the Indemnified Parties in connection with any claim arising out of, or relating to:
(b) Any unauthorized use by you of any Information, Content, Materials, the Site, or any Service; and
(c) Your use of the Site and/or any of our Services.
You shall use your best efforts to cooperate with us in the defense of any such claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any claim against you or use that is subject to indemnification by you. You agree that in the event of any unauthorized use of our Site, any Information, Content, Materials, and/or any Service, we shall be entitled to obtain an injunction proscribing such unauthorized use, without the necessity to post bond, and in addition to any other remedies available at law or in equity.
14.1 Unless otherwise specified, the Site, the Information, Content, Materials and the Service are presented solely for the purpose of informing you of our coaching and training products and services. Our Company has its international headquarters in Wheaton, IL, USA. If you access our Site from outside the United States, be advised that the Site may contain references to Information, Content, Materials, Services, products and other information and materials that may not be available, or may be prohibited, in your country. We reserve the right to limit the provision of any of the Site, any Content, any Information, any Materials, and any part of the Service to any person, geographic area or jurisdiction we so choose in the exercise of our sole discretion. The Service, or any part thereof, is void where prohibited.
14.2 You agree to comply with all local rules regarding the use of the Site, any Information, any Content, any Materials, and any part of the Service, including any local rules regarding acceptable online conduct. You also specifically agree to comply with all applicable laws regarding the transmission of technical data or other information exported from the United States or the country in which you reside.
We are committed to respecting the intellectual property rights of other parties, and we ask you, and the other users of the Site and the Service, to do the same. Pursuant to Title 17, United States Code, Sections 512(c)(2) and (3), notifications of claimed copyright infringement for materials displayed, or available, on any of the Site should be sent to our Company’s Designated Agent. Our Company’s Designated Agent is:
Advantage Coaching & Training, Inc.
122 N. Wheaton Ave.
Wheaton, IL 60187
17.1 You acknowledge and agree that the unauthorized use of the Site, Information, Content, Materials, and/or any part of the Service could cause irreparable harm to us. Accordingly, you agree that in the event of any unauthorized use of the Site, any Information, Content, Materials, and/or any part of the Service, we shall be entitled to obtain an injunction proscribing such unauthorized use, without the necessity to post bond, and in addition to any other remedies available at law or in equity.
17.2 We may at times send you information by e-mail that we believe will be of interest to you. If you register at the Site, and you do not want to receive e-mails from us, please let us know by responding to the unsubscribe action in the message received or contacting us through information provided on the Site.