Terms of Use for CoachesXL and its Community of Websites and partners

Welcome to CoachesXL and its community of websites and partners.

Terms of Use

The Terms of Use set out below are binding and You need to understand them fully. If you have any question, comments, or concerns about these terms, please contact us at: coachesxl@omcsocial.com

This network of websites (the “Community”, the "site" or “Sites”) is operated by CoachesXL (“we” or “CoachesXL”). These Sites are a public forum for discussion including blogs, business listings, discussion forums, and other community building features. All members of the Community must abide by the "Community Guidelines".

This Site is primarily funded through advertising revenues and product sales, excluding the community shop items added by profile account holders.

By accessing the Site, you agree to be bound by these Terms of Use and the Community Guidelines. These Terms of Use and the Community Guidelines are subject at all times to modification. CoachesXL will not advise of any revisions and therefore it is your responsibility to keep apprised of any changes in these Terms of Use or the Community Guidelines . In the event of any inconsistency between these Terms of Use and the Community Guidelines, these Terms of Use shall control.

If we choose or fail to insist or enforce any provisions of these Terms of Use, that shall not be construed as a waiver of any other provision.

The agreement between you and CoachesXL represented by these Terms of Use does not supersede any other written agreement you may have entered into with CoachesXL.

CoachesXL wishes to thank you for agreeing to abide by these Terms of Use and your interest in the Community.

USE OF THE COMMUNITY

You agree to use the Site for your personal and commercial uses that are entirely and exclusively your own responsibility and that you in no way represent yourself as acting on behalf of CoachesXL.

You agree to not to:

(a) modify, copy, reproduce, display, perform, sub-license, publish, create derivative works of, reverse engineer, use on any other website, or sell any content provided by or obtained from the Site.

(b) damage the Site, or obstruct any other member or party’s use of the Site.

(c) obtain or attempt to obtain any materials or information through any means not offered or made readily accessible by CoachesXL through the Site which includes but is not limited to the practices of “screen scraping,” “database scraping,” or any other activity with the aim of obtaining lists of users.

The commitment of Community including CoachesXL and its members is to create an environment of respect, integrity, and professionalism.

THE FORUM and Blogs

The Site and the services offered by CoachesXL through the Site are provided solely as a means to connect members of the Community and to enable the exchange of information.

Because forums and blogs by their nature are open and collaborative, we cannot make any assurance as to the timeliness or accuracy of information provided by the Site itself or any member. If any posting presents incomplete, insufficient, or inaccurate information, CoachesXL cannot be held accountable. You must use your independent judgment of the quality of any individual, entity or information that you find on or through the Site.

Commercial transactions my occur due to the use of this Site. Other relationships, professional and otherwise, may also result. The outcomes of any such transactions or relationships are the responsibilities of the participating individuals alone, not of CoachesXL.

LINKED MATERIALS

The Community encourages networking and the exchange of ideas. To assist in fulfilling this objective, you may create links from any personal or third-party website, consistent with the Community Guidelines. These links may be to any page within the Site.

Please note the following when linking pages and third-party material:

(a) CoachesXL reserves the right, in its sole discretion, to disable a link or prevent you from creating a link.

(b) CoachesXL does not make any representation or warranty with respect to third-party Services to which the Site may link.

(c) These Terms of Use are only applicable to the Community. You need to understand the terms of use of those other linked and third-party sites and materials before using their services.

YOUR ACCOUNT

In order to have complete access to the Site, and to get the most out of using the Community you will need to create an account. This account in essence represents your identity as you interact with other members of the Community. It is therefore very important that you:

• * Never use another member’s account.
• * When establishing your account provide accurate and complete information.
• * Make sure your account passrword is secure.
• * If there is any unauthorized use or a breach of your account, immediately notify CoachesXL.

CoachesXL will not be liable for any losses or damages caused by unauthorized use of your account. You may be liable for the losses of the Community or others due to such unauthorized use.

CoachesXL is confident in the security policies it has in place. That being said, the effectiveness of such policies is based on your actions.

CoachesXL reserves the right at any time to cancel the account of any member it believes may be engaging in infringement of the rights of others, copyright violation, or any inappropriate behavior. This includes nudity, defamation of character, libel, slander, racism, or profane or antagonistic behaviour. We reserve the right, in our sole discretion, to terminate your access to all or part of the Community for any reason or no reason, and/or without notice.

CoachesXL will collect personal and identifiable information for purposes of marketing coaching related products and support services including technology related, as well as provide other information for you. As much as possible we will give you controls to assist us in identifying information that is of interest to you. We have no desire to "spam" you with information you are not interested in and will not tolerate that behaviour from other members of the community.

YOUR CONTRIBUTIONS

The Site was designed for its members’ use and enjoyment. As a member, you may submit or post content to the Site, which might include, but is not necessarily limited to, text, messages, comments, ideas, suggestions, images, photos, illustrations, designs, icons, video clips, sounds, files, trademarks, trade dress, specifications, catalogs, literature, lists, technical information or other materials (collectively, “Content”). The Content that you upload to the Site or submit for the use of the Community (“your Content”) are governed by these Terms of Use and the Community Guidelines.

You promise that your Content is Content that you deem to be beneficial to the Community, and at all times is provided in accordance with the Terms of Use and the Community Guidelines. Once your Content is posted, you agree that it is non-confidential.

You agree that you are solely responsible for all of your Content that you make available on the Site. You represent and warrant to CoachesXL that you own all rights and have unrestricted control of your Content, which makes it possible and legal for you to share and transmit your Content. Without limiting the generality of the foregoing, you agree that you will not post Content to the Site the copyright of which is owned by someone other than you unless you have obtained the express, written permission of the copyright holder.

Personal ads and classifieds may be posted and used for meeting and developing relationships but must at all times be done in an tasteful manner. Please remember that not everyone who visits our website is of the age of majority, so keep it clean.

Although you retain any proprietary rights that you may have in and to your Content, once you post your Content to the Site, you hereby grant CoachesXL, its affiliated companies, and their respective successors and assigns, a worldwide, non-exclusive, sub-licensable (through multiple tiers) right and license, but not the obligation, to post, use, copy, publish, publicly display, exhibit, promote, transmit, frame, package,and repackage your Content, or any portion thereof, and to publish your name in connection with your Content, in all languages, via the Community and all distribution channels promoted by CoachesXL through the Site. You further agree that you will not make any claims against CoachesXL based on any allegations that any activities or alleged omissions within the Community, whether or not by or condoned by CoachesXL, infringe intellectual property rights associated with your Content. The foregoing license granted by you terminates once you remove or delete your Content from the Site. CoachesXL will make commercially reasonable efforts to take down links, frames, and other work or content within its control that may be associated with your Content, but undertakes no obligation to purge its back-up servers of any content. You acknowledge that, for a period of time following your actions to remove or delete your Content, CoachesXL administrators may continue to have access to your Content (such as, for example, in the course of maintaining back-up servers, or in complying with laws, regulations or court orders).

USING SUBMISSIONS OUTSIDE OF THE COMMUNITY

In addition to the activities contained in the Community, CoachesXL seeks to connect professionals with the general public. CoachesXL's connections to other media, outside the Site, may provide you with opportunities to make yourself, your business and your Content visible to other audiences. You hereby grant CoachesXL an extended license to your Content, which will permit, but not obligate, CoachesXL to syndicate your Content to third-parties. Any such syndication will be done without compensation to you, but may allow you to tap your Content into third-party media outlets in addition to the Community.

CONTENT INCLUDING ON THE SITE

All content on the Site, other than your Content, remains the exclusive property of CoachesXL (the “CoachesXL Content”). CoachesXL reserves all intellectual property rights in and to the CoachesXL Content.

LICENSING OF CONTENT TO MEMBERS OF THE COMMUNITY

CoachesXL grants to the members of the Community a limited, personal, non-transferable license to access and use the Site and the Content therein for its intended purposes, in accordance with these Terms of Use and the Community Guidelines . You are strictly prohibited from making any other use of the Content found on the Site, unless you have obtained explicit written consent from either CoachesXL or, in the case of Content, subject to copyright protection, the copyright holder of such Content.

Content in the Community is provided "as is". You shall not hold CoachesXL liable for any Content or for any loss or damage incurred as a result of the use of any Content on the Site. Your use of the Site and its Content is at your own risk.

NOTICE TO COPYRIGHT HOLDERS

CoachesXL is committed to upholding the rights of copyright holders. If you are a copyright owner, or an agent of a copyright owner, and you believe that a Community member posting, user submission or other content infringes upon your copyrights, you must submit a notification to us with the following information.

• (a) A physical or electronic signature of a copyright owner or an authorized agent of anyone who holds proprietary rights to the material that has been infringed;
• (b) Specific identification of the material claimed to have been infringed;
• (c) Specific identification of the material that is claimed to be infringing;
• (d) A statement that you believe the use of material in the way that you have deemed unlawful, is not authorized by the copyright owner or its agent;
• (e) A statement that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right, under penalty of perjury; and
• (f) Contact information, such as your physical mailing address, telephone number and an electronic mail address, so that CoachesXL can contact you.

Such information must be sent to our copyright agent by email at the following address: coachesxl@omcsocial.com

SERVICE CANCELLATION POLICY

Once you have canceled, any fees you have been charged will only be charged up to the date of cancellation. You are responsible for whatever charges have already been incurred for the current billing period. In order to treat everyone equally, no exceptions will be made. Ads run for the duration of a person's subscription.

DISCLAIMER

THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. YOU AGREE THAT USE OF THE SITE IS AT YOUR OWN SOLE RISK. CoachesXL AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, AND NON-INFRINGEMENT AS TO THE SITE AND ITS CONTENT.

CoachesXL AND ITS SUPPLIERS DO NOT REPRESENT OR WARRANT THAT THE SITE OR ITS CONTENT ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. THE COMMENTS CONTAINED IN THE CONTENT PROVIDED BY THE MEMBERS ARE THOSE OF THE MEMBERS AND DO NOT REPRESENT OR REFLECT THE VIEWS, VALUES OR MORALS OF CoachesXL.

INDEMNIFICATION

You agree to indemnify and hold CoachesXL and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any loss, liability, claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of Content you submit, post transmit or otherwise make available through the Community, your use of the Site, your membership in the Community, your violation of these Terms of Use or the Community Guidelines, or your violation of any rights of another.

LIMITATION OF LIABILITY

IN NO EVENT WILL CoachesXL OR ANY OF ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION ANY INDIRECT CONSEQUENTIAL, SPECIAL INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE, THE COMMUNITY GUIDELINES, OR YOUR USE OF THE SITE, ITS CONTENT, OR MATERIALS ACCESSED BY OR THROUGH THIS SITE.

Thank you for your time and consideration. Once again, welcome to CoachesXL's network of community websites!

Disclaimer: CoachesXL does not endorse any businesses, people, organizations or any other person or entity listed on this Site. These profiles, blogs and blog entries are provided here as a courtesy to our visitors to help them make an informed decision when doing business in the area. CoachesXL takes no responsibility for the Content in these profiles, that are written by the members of this Community.

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