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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.
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.
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.
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.
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.
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.
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.
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).
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.
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.
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.
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:
ATTN: Takedown Agent
8710 W Hillsborough Ave
Tampa FL 33615 USA
Via email to:
ATTN: Takedown Agent
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.
You may contact us to provide feedback, make inquiries, or otherwise, at the contact addresses below:
8710 W Hillsborough Ave
Tampa FL 33615 USA
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
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.
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.
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.
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This policy (the “Policy”) is a binding agreement among you and any company that you are representing (individually and collectively referred to herein as “you” and “your” in the possessive), while accessing coachtheworld.com (the “Site”) and CoachtheWorld, LLC, a Florida limited liability company at 8710 W Hillsborough Ave, Tampa FL 33615 (“CoachtheWorld”). You and CoachtheWorld each may be referrred to individually a party and collectively as the parties.
As a normal part of running the Site and delivering services, we collect information from you (“Personal Information”). We do not collect or retain any credit card information. Instead, we use a third party for collecting and processing payment information. We disclaim any obligation with respect to third party processing services, and you agree to the terms and conditions provided by the third party credit card processor. We believe that this makes your payment information more secure by limiting the collection to reputable third party payment processors. With respect to any Personal Information that we collect, we will handle such Personal Information in accordance with commercially reasonable practices complying fully with the privacy principles and requirements under applicable United States federal laws and regulations and the State of Florida.
By accessing or using the Site, you hereby confirm that you are not a minor in any legal jurisdiction and hereby accept the Policy, and you expressly agree and consent to the use of your Personal Information pursuant to this Policy, as amended from time to time, on behalf of yourself and your employer, if acting on behalf of your employer within the scope of your employer. If acting on behalf of your employer, then you hereby agree and confirm that you are authorized by your employer to agree to the terms of this Policy.
If you do not agree with the terms and conditions set forth in the Policy, then do not provide us with any information and do not use or access the Site.
We collect certain Personal Information from you, such as (a) names, physical and e-mail addresses, telephone and facsimile numbers, internet protocol (IP) addresses and other business and/or residential contact information; (b) information or comments provided on the Site or otherwise, including feedback and comments about you with respect to the Site or Services; (c) information regarding your activity on the Site or Services, including (without limitation) your browsing patterns, download activity and pages viewed; and (d) such other information we may collect with consent or as permitted or required by law.
Personal Information may be used by CoachtheWorld to provide services to you and to improve our Site and the services that we provide to you. For example, we use Personal Information as follows:
· To personalize your experience;
· To respond to your customer service requests and support needs;
· To send you information about services and support that may be helpful to you;
· To process transactions and to make connections between you and your clients;
· To inform you of our services and how to best use the Site including, without limitations, news, updates, new products, new services, and maintenance schedules;
· To identify you;
· To establishment and maintain a relationship with you;
· To better tailor our marketing and advertising efforts to you and others;
· In an aggregated, non-identifying form, to provide information to third parties;
· To provide information to third-party administrators or other service providers necessary to optimize operation of the Site;
· To maintain business records for reasonable periods as may be required by law or general business purposes;
· To meet any and all legal, regulatory, insurance, security or processing requirements and court or administrative orders; and
· As we may otherwise choose, with your consent or as permitted or required by law or to protect the property or safety of any third party including, without limitation, other customers, clients or coaches using the Site or services of CoachtheWorld.
We may keep any and all of your Personal Information on hand for as long as permitted by law for any and all of the purposes described herein.
We take commercially reasonable steps to safeguard your Personal Information and endeavor to keep it secure using security measures that are appropriate for a company and website of our scope and size within our industry. Despite any precautions, we cannot guarantee that unauthorized persons will not obtain access to Personal Information, and we expressly disclaim any liability thereof to the maximum extent permitted by law.
If you prefer, you can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off and disable all cookies via your Internet browser settings. Like most websites, if you turn your cookies “off”, some or all of our Site features may not function properly. Please consult your web browser’s help function for information on how to disable cookies.
Personal Information may be disclosed to: (a) our employees, agents, representatives, advisors, affiliates and independent contractors, in connection with their performance of services for or on behalf of the CoachtheWorld; and (b) third party service providers who help us with our business operations, sales and marketing, information technology or professional services. We will take reasonable measures to ensure that your Personal Information collected, used, disclosed or otherwise processed by any of the aforementioned parties for us or on our behalf is protected and not used or disclosed for purposes other than as directed by the CoachtheWorld, subject to requirements in foreign jurisdictions applicable to those organizations.
Please note that foreign jurisdictions differ in their privacy laws and some have Personal Information protection laws equivalent to or greater than those in the United States whereas others do not. Our Site is directed to domestic coaches in the United States of America, and you agree to be bound by and abide by the laws of Florida, a state in the United States of America, without regard to its conflict of laws and choice of law provisions, as if entered into and fully performed solely within the State of Florida.
Personal Information may be used by CoachtheWorld and disclosed to parties in connection with the contemplated or actual financing, securitization, insuring, sale, assignment or other disposal of all or part of CoachtheWorld or our business or assets, including (without limitation) for the purposes of: permitting such parties to determine whether or not to proceed or continue with such transaction. In the event that all or part of CoachtheWorld or our business or assets is sold, assigned or otherwise disposed of, Personal Information we have collected will be used and disclosed by such parties for substantially the same purposes as described in the Policy, as updated from time to time.
We may collect non-personally identifiable information that becomes available to us as a result of your visit to our Site or through your use of the Site. This information includes (without limitation) your IP address (a number automatically assigned to your computer when you visit the Site, and which is logged by our servers) your Internet Service Provider (“ISP”), your web browser, the type of operating system, the domain name of the website which links you to our Site and the pages you visited while you were using the Site. This information is routinely saved and logged.
We are in compliance with the requirements of COPPA (Children’s Online Privacy Protection Act) as we do not collect any information from anyone under 13 years of age. Our Site and Services are all explicitly directed to people who are at least 18 years of age or older. You hereby acknowlede that you are 18 years of age or older. If you are not, then do not use the Site.
You may withdraw your consent to our collection, use and disclosure of Personal Information at any time by contacting us as indicated below, subject to contractual and legal restrictions and reasonable notice. Please note that if you withdraw your consent to certain uses of your Personal Information then we may no longer be able to provide you with service or access to the Site.
With respect to any emails, newsletters or publications that we send to you on a periodic basis, if at any time you would like to unsubscribe from receiving future emails, we include unsubscribe instructions with our communications.
We collect, utilize and disclose your Personal Information with your consent, except as permitted or required by law. We may be required or permitted under statute or regulation to collect, use or disclose Personal Information without your consent, for example to comply with a court order, to comply with local, federal or foreign regulations or a legally permitted inquiry by a government agency, or to collect a debt owed to us.
Please bear in mind that the CoachtheWorld is based the state of Florida in the United States of America, and we do not attempt to comply with foreign (non-U.S.) privacy legislation. By consenting to our collection, usage and disclosure of your Personal Information, you acknowledge and understand that the Site may be viewed and hosted anywhere in the world, and furthermore, you agree that your Personal Information may be transferred across national boundaries.
CoachtheWorld may establish and maintain a file of your Personal Information for the purposes described herein. If you wish to request access or correction of your Personal Information in our custody or control, you may contact us as indicated below. Your right to access or correct your Personal Information is subject to applicable legal and contractual restrictions and reasonable notice.
This Policy applies only to information collected through our Site and not to any information that we may collect from you in any other manner.
We reserve the right to change the Policy from time to time. Whenever we revise the Policy, we will post a notice on our Site for a reasonable period indicating that a new version is available. If you do not accept the changes, you may opt-out at that time, and your account and profile shall be removed from the Site.