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Terms of use

Coach The World terms of use

IMPORTANT: By accessing and reading any of the webpages of this website including, without limitation, the domain coachtheworld.com and all of its subdomains and redirected domains (the “Site”), you are agreeing to the following terms of use and acknowledging the disclaimers contained in these Terms of Use. The terms of use apply equally to coaches (“Coaches”) and to customers of coaches (“Coachees”), unless expressly distinguished with these terms of use.

You agree that this is a legal, binding agreement, between you and COACHTHEWORLD, LLC (“CoachtheWorld” or “us”, “we”, “our”, or similar language) and acknowledge and agree that you shall be bound by its terms and conditions. If you do not agree to these Terms of Use, then you must leave this Site without printing, copying or capturing any of its content. You hereby agree and acknowledge receipt of good and sufficient consideration for entering into this agreement, including your continued access to the webpages of the Site and the terms and conditions of this agreement. Any reference to          “CoachtheWorld”, “us”, “we”, “our”, or any similar reference includes corporate affiliates of COACHTHEWORLD, LLC.

LEGAL AGE

By using this Site, you represent that you are of legal age to form a binding contract and that you are not barred from accessing this Site. Persons under 13 years of age (or, if applicable, under the legal age or not satisfying the legal capacity to access website content without adult supervision in your jurisdiction) may not use this Site.

PURPOSE & INDEMNITY

CoachtheWorld, LLC provides a platform for coaches to contract and interact with customers. We do not endorse any coaches, and any Coaches using the platform hereby indemnify and hold CoachtheWorld, LLC harmless from any and all liability relating to services provided as a result of using the Site.

CONTENT

You may access the Site only as set forth in these Terms of Use. You may not (1) copy, reproduce, retain, reverse engineer, broadcast, or otherwise distribute any server-side or client-side script, code, text, graphics, or other materials published on this Site at any time, whether or not currently displayed or added in the future (the “Content”) on this Site or make any use of the Content on this Site for any purpose other than your commercial relationship with CoachtheWorld; or (2) modify the Content of this Site (for example, using web browser extensions) other than as may be reasonably necessary to use the Site for its intended purposes.

The Content and any trademarks, service marks, logos, brand names, and Site functionality made available in or otherwise used to present the Content to you are the sole and exclusive property of           or have been licensed to CoachtheWorld by a third party and are subject to United States laws and regulations, foreign laws, and international conventions governing intellectual property rights. The  marks are marks of CoachtheWorld, and all rights are reserved.  The copyrights in all text and graphics on the webpages of this Site are either owned or licensed by us, and all rights are reserved. Forms and processes described or displayed on this Site are our proprietary know-how and trade secrets and are considered herein to be intellectual property.  We reserve all rights not expressly granted to you and retains all rights, title, interest and ownership of all intellectual property rights in and to the Site, including, without limitation, proprietary know-how and trade secrets, copyrights and marks.

You agree and acknowledge that we would suffer irreparable harm due to any reproduction, distribution, republication and retransmission of the Content, and you would assist and not oppose us in obtaining any injunction or other equitable relief necessary to limit the harm done to us by any disclosure of its proprietary know how, rates, other trade secrets. 

All Content is subject to change without prior notice. Some information on this website might not be the most current or updated information available.  Furthermore, none of the information on this website is promised or guaranteed to be correct or complete. We expressly and particularly disclaim any and all liability with respect to any actions taken or not taken in reliance on contents of the webpages of this Site.

We do not provide any warranties whatsoever, express or implied, with respect to any resources or links found anywhere on the webpages of this Site, which are offered “AS IS” as a convenience to you. We expressly disclaim any warranties of noninfringement, merchantability, and fitness for a particular purpose.

This Site may contain links to third party websites or content (“Third Party Sites”). You acknowledge that these links are provided for your convenience and CoachtheWorld has no control over and is not responsible for their content or availability. Third Party Sites may be governed by their own terms of use, privacy policies, or other policies. You agree to release CoachtheWorld and its officers, directors, shareholders, members, employees and/or agents, coaches from any and all liability from you access to and use of Third Party Sites.

Coaches are not employees of CoachtheWorld, and CoachtheWorld does not represent or hold out that Coaches have any special training, certifications or degrees. To the extent that Coaches hold out to the public any specialized training, certifications or degrees (“Training”), CoachtheWorld disclaims any knowledge of such Training. CoachtheWorld does not verify statements made by Coaches, and Coachees should carefully review qualifications, ask questions, and verify any references or testimonials provided. CoachtheWorld may terminate access to the Site by any Coach for any reason or no reason. CoachtheWorld will terminate access to the Site by any Coach falsely advertising credentials or Training.

This Site is not for licensed counselors, clinical psychologists, psychiatrists, licensed mental health professionals or medical professionals to provide treatment to patients, and you agree not to provide any of these services using the Site.

YOUR USE OF THIS WEBSITE

Coaches may use this Site only to provide coaching services, and Coachees may only access and use the Site to receive coaching services. You hereby agree to abide by any laws, regulations, licensing and oversight required by local, state and federal law applicable to the services that you provide or receive on this Site.

BOTS

You may not use any script, bot, spider, or other automated service to access any Content on this Site without our prior written permission, except that operators of search engines may index the Content of this Site solely for the purpose of displaying search results to users, calculating search result ranking, and otherwise performing activities directly related to providing Internet search results.

DISCLAIMERS AND LIMITATIONS ON LIABILITY

You have sole responsibility for your use of the Site, and your sole remedy against us for any inaccuracy, unavailability or failure of the Site is to stop using the Site. You agree that we have no liability whatsoever to you, including consequential, special, indirect, incidential, or punitive damages, for your use, authorized or unauthorized, of the Site even if we have been advised of the possibility of such liability, and this limitation of liability is part of the bargain between us and you.

THE PLATFORM IS NOT INTENDED FOR DIAGNOSIS or TREATMENT INCLUDING, without limitation, INFORMATION REGARDING WHICH DRUGS OR TREATMENT THAT MAY BE APPROPRIATE FOR YOU, AND YOU SHOULD DISREGARD ANY SUCH advice IF DELIVERED via the site.

You are advised to exercise a high level of care and caution in the use of the Platform and the Coaching services.

IF YOU are having SUICIDal thoughts, IF YOU ARE CONSIDERING any ACTION THAT MAY CAUSE HARM TO YOUrself OR OTHERS, IF YOU FEEL THAT you OR ANY OTHER PERSON MAY BE IN DANGER, OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY notify the appropriate authorities OR EMERGENCY SERVICES, such as using 911 IN THE US. YOU SHALL NOT USE THIS SITE AS A SUBSTITUTE FOR EMERGENCY SERVICES OR MENTAL HEALTH ASSISTANCE.

YOU ACKNOWLEDGE THAT WE DO NOT REVIEW, RECOMMEND, ENDORSE, EVALUATE OR PROVIDE ANY GUARANTEE, REPRESENTATION OR WARRANTY, AND SPECIFICALLY DISCLAIM ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE,  WITH RESPECT TO (A) ANY COACH; (B) ANY INFORMATION ABOUT ANY COACH INCLUDING, WITHOUT LIMITATION, ANY QUALIFICATIONS, EXPERTISE, CLAIMS OR BACKGROUND OF ANY COACH; (C) THE SERVICES (WHETHER THROUGH THE PLATFORM OR NOT) INCLUDING, WITHOUT LIMITATION, ANY OPINION, RESPONSE, ADVICE, RECOMMENDATION, INFORMATION OR ANY OTHER CONTENT OF A COACH; (D) THE CONTENT AND THE SUBSTANCE WHICH ARE PART OF THE SERVICES OF A COACH; (E) ANY OTHER CONTENT OR INFORMATION POSTED ON THE PLATFORM OR THROUGH THE PLATFORM; (F) THE VALIDITY, ACCURACY, AVAILABILITY, COMPLETENESS, SAFETY, LEGALITY, SECURITY, PRIVACT, QUALITY OR APPLICABILITY OF THE PLATFORM AND THE COACHES’ SERVICES. RATINGS ARE PROVIDED “as is” AND ARE OFFERED BY THIRD PARTIES AND MAY NOT BE REPRESENTATIVE OF ACTUAL INTERACTIONS WITH COACHES.

YOUR ACCOUNT

In order to use some functions of this Site, you may be required to create a user account (an “Account”). You may not use another person’s Account without permission. You must provide complete and accurate information to use an Account in all required fields during the Account creation process. You are solely responsible for your use of your Account, and it is your responsibility to create a secure password for your Account and keep your Account login information secret. You agree not to share your Account login information with any other person, including any person in your household or company. You agree to notify us promptly upon your discovery of any unauthorized use of your Account.

PAYMENT

You pay a user fee (“Fee”) for using the Site, which may be deducted from any amount paid to you through the Site. This Fee may be in addition to other fees for other services provided on the Site. You may be required to enter into an agreement with a third party payment processor, such as Stripe, in order to be able to use the Site. If you do not agree to use the third party payment processor, you might not be able to use the Site.

UPDATES

You agree to update your Account if any of your information changes. You agree that we may suspend or terminate your Account if we believe that you have violated these Terms of Use or for any reason or no reason.

STANDARDS

You hereby agree to maintain professional relationships on the Site, and you acknowledge that you shall not use any abusive language on the Site or transmit any sexually explicit photos of yourself or another via the Site or otherwise. You agree not to meet any Coaches or Coachees in person. Coaches shall use the Site for all communications between you and any Coachees. You shall not harass, sexually or otherwise, anyone using the Site. Coaches shall not accept any Coachees less than 18 years of age or acquire any information from anyone less than 18 years of age, and you shall take reasonable measures to verify that any Coachees is at least 18 years old. You acknowledge that your failure to abide by these standards could result in a referral by us to law enforcement and/or termination of your account and loss of access to your account.

COACHEES

Coaches may give advice, and Coachees are free to accept or reject such advice. Coachees sole remedy is to cease contacting Coaches. Coachees shall indemnify and hold CoachtheWorld harmless from any cause of action arising from Coachees use of the Site.

ANYONE CONSIDERING ENGAGING IN AN EXERCISE OR NUTRITIONAL PROGRAM MUST FIRST CONSULT HIS OR HER PHYSICIAN. EXERCISE MAY CAUSE INJURY OR PREMATURE DEATH OR MAY EXACERBATE A PREEXISTING MEDICAL CONDITION. NUTRITIONAL ADVICE FROM ANY COACHES SHOULD BE DISCUSSED WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONAL PRIOR TO CHANGING YOUR DIET. CERTAIN MEDICAL CONDITIONS MAY CAUSE RISK OF HARM OR DEATH IF NOT TREATED PRIOR TO ADOPTING ANY NEW NUTRTITIONAL PROGRAM.

If Coachees have any medical condition, treated or untreated, you must inform any Coaches that you engage via this Site about the nature of your medical condition and any recommendations from a physician limiting your exercise and dietary prescription (i.e. requirement) or proscription (i.e. ban).

NON-CIRCUMVENTION

You agree not to circumvent, disable, or interfere with any features of this Site related to security or access control, including, without limitation, making use of any software exploit or bug, and you agree to defend and hold us harmless from any damage or expense incurred in connection with your unauthorized access (including any unauthorized access by any person acting at your request or upon your instructions). You agree to access this Site only through Internet browsing software such as Microsoft Internet Explorer, Google Chrome, Apple Safari, or Mozilla Firefox , or through a mobile application provided by us.

PROMOTIONAL EMAIL AND OTHER CORRESPONDENCE

You may opt in or opt out from receipt of newsletters, product information emails, and other correspondence, which may be provided by electronic means or via a portion of the Site.

PRIVACY

You may not collect any personally identifiable information through this website without our prior written permission. You may be required to provide personally identifiable information about you in connection with your use of this Site [including geolocation information or payment card information], and you agree that we may collect, store, analyze, and otherwise use this information in any location in which we do business in order to provide services to you, market our products and services to you, and other legitimate commercial purposes, in accordance with our Policy posted on the Site or available from the Site.

We may use information that we obtain from your visits to our Site and may provide any information that we obtain to others. We reserve the right to collect and aggregate information and to share this aggregated information with others. Information may be used to selectively display advertising or for other purposes related to your experience on this Site. Collecting and sharing information with our partners and affiliates helps us to improve our service and to deliver products at low prices.

We provide a more specific privacy statement on this Site or make it available through this Site that may contain other information or terms applicable to your use of this Site. See https://www.coachtheworld.com/en/infos/privacy or our privacy policy (the “Policy”). All of the terms and conditions of our Policy are incorporated into these Terms of Use by reference. You agree that you have had an opportunity to read our Policy.

RATINGS

Ratings of Coaches are very important to the Site. We may solicit ratings of Coaches from users of the Site, and you agree that we may post ratings and user comments about you without verifying the accuracy of such ratings and comments. We have no liability for ratings provided by users of the Site, even if false and damaging. We have no obligation to remove ratings from our Site, and you hereby agree to waive any cause of action, whatsoever, against us due to any ratings posted on the Site by any third party. Anonymity of ratings may be maintained, and you agree that your sole remedy for any cause of action arising from a rating on the Site is to remove your entire account from the Site and to stop using the Site, without the express written permission of CoachtheWorld, LLC to recommence use of the Site. You agree not to maintain more than one account on the Site, and not to open a new account if your old account is closed by you or is suspended by us.

TAKEDOWN NOTICE

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this website, you may notify our copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA), Title 17, United States Code, Section 512(c)(2). For your complaint to be valid under the DMCA, you must provide the following information when providing notice of the claimed copyright infringement:

• A physical or electronic signature of a person authorized to act on behalf of the copyright owner;

• Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled as well as information reasonably sufficient to permit us to locate the material;

• Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address;

• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, by its agent, or by law; and

• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The above information may be submitted as a written notification to the following:

By mail to:

 

CoachtheWorld, LLC        

ATTN: Takedown Agent

8710 W Hillsborough Ave

Tampa FL 33615  USA

OR

 

Via email to:

 

CoachtheWorld, LLC        

ATTN: Takedown Agent

info@coachtheworld.com

 

OR

 

as otherwise expressly provided by the DMCA.

        

We process takedown notices expeditiously, and we will inform you of our determination and actions taken.

 

If you are the poster of any alleged infringing materials on this Site, then, either before or after takedown, we will take reasonable steps to inform you of any takedown notice that substantially complies with clauses (ii), (iii), and (iv) of the takedown notice requirements of the Act. Takedown may either remove or disable access to the allegedly infringing material. Then, you, as the poster, have an option of sending a counter-notice. A counter-notice must include at least the following:

·       Contact information

·       Identification of the allegedly infringing material removed by a takedown

·       a signed statement under penalty of perjury that you have a good faith belief that the allegedly infringing material was mistakenly taken down

·       a signed statement unequivocally consenting to personal and subject matter jurisdiction of your local, federal U.S. District Court, or, if you reside outside the U.S., then to jurisdiction of any venue in the U.S. District Court located nearest to the county of Hillsborough County in the state of Florida.

 

After you file a counter-notice, then we will notify the party that requested takedown of the allegedly infringing material that you have posted a counter-notice, and the party will have 10-14 business days to file a lawsuit against you. If no lawsuit is filed, then we may allow the allegedly infringing material to be reposted. We reserve the right to block any materials posted by any user for any or no reason.

 

FEEDBACK

We endeavor to continuously improve our processes including this Site. If you have questions or comments about these Terms of Use, the webpages of this Site or our policies and procedures, you may send us an email on the Contact Us page of this Site. To the extent that any suggestion that you submit is protected by your intellectual property rights, you hereby grant us a non-exclusive, fully-paid-up, irrevocable, worldwide license to use the suggestion in any way that we choose, and your feedback shall not be deemed confidential information for any purpose. You acknowledge that you have no expectation of confidentiality or privacy with respect to any suggestions or feedback provided by you to us.

CONTACT INFORMATION

You may contact us to provide feedback, make inquiries, or otherwise, at the contact addresses below:

CoachtheWorld, LLC        

ATTN: Suggestions

8710 W Hillsborough Ave

Tampa FL 33615  USA

GOVERNING LAW

You agree that your access to the Site, including any disputes arising from your use of the Site, will be governed by Florida law without regard to its choice of law and conflict of laws provisions. You agree to personal jurisdiction of and venue in the state and federal courts located in Hillsborough County, Florida.

ABOUT THIS POLICY

The terms and conditions of these Terms of Use are the entire understanding of the parties relating to access and use of the webpages of this Site and supersedes any prior written or oral agreement or understandings between the parties with respect to this Site, incorporate the terms and conditions of the Policy relating to privacy and use of your information, and cannot be changed or terminated orally. We reserve the right to change these Terms of Use at any time without notice to you, and any changes to these Terms of Use will take effect immediately upon their publication to this Site. It is your responsibility to review these Terms of Use to determine whether they have been updated, and your use of the Site will signify your acceptance of and intent to be bound by any changes to the Terms of Use.

INDEPENDENT CONTRACTOR

Coaches are not employees or agents of CoachtheWorld, LLC. Coaches are independent contractors and shall not be able to obligate or bind CoachtheWorld, LLC to any agreement with any third party, even if CoachtheWorld, LLC is notified in advance of any such agreement.

GOODS

This Site is only for non-taxable, personal services, and you shall not provide any taxable goods or services via the Site. If you sell any goods or taxable services to any Coachee, then you shall be solely responsible for withholding and paying any sales or use tax required by law.

SEVERABILITY

If for any reason a court of competent jurisdiction finds any provision of these terms and conditions, or portion thereof, to be unenforceable, the remainder shall continue in full force and effect.

These Terms of Use were last updated on May 25, 2018.