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This Agreement (including the General and Specific Terms set forth below) contains all of the terms and conditions between CoachLink ("CoachLink") and you ("Client") and governs your use of the services offered at by CoachLink and the CoachLink Web site (the "Site"), http://www.CoachLink.net. By using any of the coach referral services offered by CoachLink Client agrees that (I) Client has read this Agreement and understands all of its contents and (II) Client accepts all the terms and conditions in the Agreement.

General Terms

CoachLink Connects Clients and Coaches. CoachLink is a communications and referral service platform for enabling the connection between consumers of services ("Clients") and experienced persons offering to provide services ("Coaches"). CoachLink does not have control over the quality, timing or legality of services actually delivered by the Coaches. Client agrees not to hold CoachLink (or CoachLink's agents, employees, or CoachLink Subscribers) liable for any advice or services that originated through CoachLink and its Web site.

Transactions. Clients and Coaches may individually negotiate for services through the Site and by other means. Once Client has accepted the terms of the advice or service and payment, there is a binding contract between the Client and the Coach. If there are any issues with advice or service received or payment due, Client must deal directly with Coach(es) to resolve any disputes. CoachLink may, in its sole discretion, suspend privileges to any Coach or Client not adhering to policies listed herein.

Community Areas. If the Site contains "Public Question and Bulletin Board" areas, chat areas, news groups, forums, communities and/or other message or communication facilities, Client agrees to use such community areas only to send and receive messages and material that are relevant and proper to the applicable forum.

Publicly Available Questions and Answers
. CoachLink may post questions and answers (including all uploaded files) from any Client - Coach interaction through the Site ("Q&A") in publicly accessible areas of any CoachLink Subscriber Web Site or the CoachLink site (www.CoachLink.net), such as a Q&A Repository ("Repository"). Unless Client and/or Coach notify CoachLink, in the manner directed on the Site, that a Q&A interaction should be kept private, Client agrees that CoachLink shall have the right, in its sole discretion, to:

a. Post, or refuse to post, all or any part of a Q& A to publicly accessible areas of the Site
b. Remove personally identifiable content from any Q&A
c. Screen, edit or otherwise modify any Q&A; and
d. Make any other use of the Q&A, including without limitation any use on or off the Site for promotional purposes.

Eligibility. Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors. In addition, if Client resides in a country, which is prohibited by law, regulation, treaty or administrative act from entering into trade relations with the United States or its citizens, Client may not use this Site. Such countries include, without limitation, Cuba, Iran, Iraq, Libya, North Korea, Serbia, Syria and Sudan.

Specific Terms:

CoachLink is only a Venue.
CoachLink is a communications and referral service and communications platform for enabling the connection between Clients and Coaches. CoachLink does not take part in the interaction between Clients and Coaches except to collect payment on behalf of Coaches delivering services through the Site. CoachLink does not have control over the quality, timing or legality of services actually delivered by Coaches. CoachLink makes no representations about the suitability, reliability, timeliness, and accuracy of the information, advice, or services provided by Coaches through the Site whether in public, private or offline interactions. Due to the nature of the Internet, CoachLink cannot confirm that each Client or Coach is who they claim to be..

Third Party Verification Services. CoachLink utilizes a third party verification service ("Verification Service"), which enables CoachLink to verify some of their credentials. CoachLink does not monitor in any way the information provided by such Verification Service as CoachLink is merely a conduit for the information. Further, CoachLink does not endorse or make any representations regarding the reliability of the Verification Service.

Billing and Payment Policy. Clients are obligated to pay when service is delivered by Coaches.

No Liability. Client agrees not to hold CoachLink and its parent company, Ethniko, LLC, CoachLink's agents and employees, participants in CoachLink's affiliate program ("Affiliates") liable for any advice or services delivered which originated through CoachLink and its Site or otherwise provided by a Coach. Client releases CoachLink, Ethniko, LLC, CoachLink’s agents, and employees, and Affiliates from claims, demands and damages (actual or consequential) of every kind and nature, known and unknown, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Community Areas. If the Site contains bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities, Client agrees to use the community areas only to send and receive messages and material that are proper and related to the particular forum. By way of example, and not as limitation, Client agrees not to:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material or information.
  • Use the Site for any purpose that is in violation of local, state, national or international law.
  • Upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any third party.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
  • Advertise or offer to sell any goods or services for any commercial purpose on the Site, which are not relevant to the services offered on the Site.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Impersonate another person or allow any other person or entity to use Client's identification to post or view comments.
  • Post the same note repeatedly (referred to as "spamming"). Spamming is strictly prohibited.
  • Download any file posted by another Client that Client knows, or reasonably should know, cannot be legally distributed through the Site.
  • Restrict or inhibit any other Client from using and enjoying the Community areas.
Client Information. Client agrees that all information supplied by Client or any member of Client's household is true and accurate.

Modification of the Terms of this Agreement. CoachLink reserves the right to make changes to this Agreement from time to time. CoachLink shall provide notice to Client of any substantive and/or material changes to this Agreement or any policies posted on the Site. If Client rejects the modifications, Client's only remedy shall be to no longer use CoachLink Services and Site unless and until Client agrees to such changes.

Third-Party Web Site Links. The Site may contain hypertext links to Web sites operated by parties other than CoachLink. Such hypertext links are provided for reference only CoachLink does not control such Web sites and is not responsible for their contents. CoachLink's inclusion of hypertext links to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators.

Term of Agreement. This Agreement will become effective immediately upon any use by Client of the Site and shall remain effective unless terminated by either party as provided hereunder. Either party may terminate this Agreement by providing the other with written or email notice of such termination, which shall be effective immediately upon delivery of such notice to the other party. Furthermore, CoachLink may terminate this Agreement immediately for any breach by Client of this Agreement or any applicable policy of CoachLink as posted on the Site from time to time. In the event of termination or expiration, the following sections shall survive: Term of Agreement; Ownership; Disclaimer; Limitation of Liability; Notice; and Miscellaneous.

Ownership. CoachLink shall retain all ownership in the Site and all content displayed on the Site.

Limited License. CoachLink grants Client a nonexclusive, revocable right to use the Site provided that Client does not (i) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, (ii) modify or attempt to modify the Site in any manner or form.

Modifications to the Site. CoachLink reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Site or any content or information on the Site with or without notice to Client. Coaches have the same rights with regard to their self-generated content on the Site. Client agrees that CoachLink shall not be liable to Client or any third party for any modification or discontinuance of the Site.

Privacy. CoachLink's Privacy Statement located on its Site as modified by CoachLink from time to time shall govern any disclosure or use of Client's personal information.

Client account, password and security. Client is responsible for maintaining the confidentiality of any password and account number provided by CoachLink for accessing the Site, and is fully responsible for all activities that occur under Client's password or account. Client agrees to immediately notify CoachLink of any unauthorized use of Client's password or account or any other breach of security.

Disclaimer. THE SITE AND THE SERVICES PROVIDED BY CoachLink, ITS AFFILIATES, and CoachLink PARENT COMPANY AND ANY SERVICES PROVIDED BY COACHES ARE PROVIDED "AS IS" WITH NO WARRANTY. CoachLink, ITS AFFILIATES, CoachLink PARENT COMPANY AND COACHES EXPRESSLY DISCLAIM ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SITE AND SUCH SERVICES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CoachLink, ITS AFFILIATES, CoachLink SUBSCRIBERS AND COACHES DO NOT WARRANT THAT THE SERVICES PROVIDED BY CoachLink OR THE SITE WILL BE FREE FROM BUGS, VIRUSES, DEFECTS OR ERRORS, OR ACCESSIBLE WITHOUT INTERRUPTION.

Notice. Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail.

Miscellaneous. Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer, or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement shall be interpreted in accordance with the laws of the State of California (excluding any rules governing choice of laws) and any legal proceeding arising out this Agreement will occur in Orange County, California. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between CoachLink and Client with respect to the subject matter hereof, and Client has not relied upon any promises or representations by CoachLink with respect to the subject matter except as set forth herein.

 
 

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