Last Updated: March 29, 2021 · Updated: Jan 18, 2021
These Terms of Services are entered into by and between you ("you", "your" or "User") and CoachLogix, Inc.
("CoachLogix", "coaching.com" "we", "our" or "us"). PLEASE READ THE TERMS OF SERVICES CAREFULLY BEFORE YOU START TO ACCESS OR USE THE SERVICES. The following terms and conditions, together with any other documents and forms that are expressly incorporated by reference (collectively, "Terms of Services"), govern your access to and use of our website at coaching.com (together with any associated web pages, websites, social media pages and mobile applications of coaching.com, collectively, the "Site"), our software platform to manage coaching engagements and coaching programs (collectively the "Coaching Management Solution"), our online marketplace, e-commerce data integration and processing service (the "Marketplace"), payment services, and any related services or products described on the Site made available by coaching.com to you (collectively, the Site, Coaching Management Solution and Marketplace being the "Services", "Platform"), whether as a guest, a registered user or otherwise.
You represent, warrant and agree that you are authorized to enter into these Terms of Services and to bind yourself to the terms and conditions herein. BY USING ANY OF THE SERVICES OR BY CLICKING OR SELECTING THAT YOU ACCEPT OR AGREE TO THE TERMS OF SERVICES WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF SERVICES AND OUR PRIVACY POLICY FOUND AT WWW.COACHING.COM/PRIVACY-POLICY, INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT WISH TO AGREE TO THESE TERMS OF SERVICES OR THE PRIVACY POLICY, YOU MUST NOT USE THE WEBSITE OR ACCESS ANY OF THE SERVICES.
Eligibility to access or use our Services is offered and available to users who are 18 years of age or older. By using our Services, you represent and warrant that you are of legal age to form a binding contract with coaching.com. If you do not meet all of these requirements, you must not access or use our Services.
We may revise and update these Terms of Services from time to time at our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of our Services. Your continued use of our Services following the posting of revised Terms of Services means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes.
(a) The Strivor.com Platform is an all-in-one Platform for coaches ("Coach Users") which includes document management, storage, goal tracking, reporting, scheduling, and other features to support the management of a coaching practice ("Coach Management Solution"). The Coach Management Solution product is available on coaching.com only.
(b) The coaching.com Platform is for Coach Users to invite and manage their relationships with clients that they obtained by their own means outside the platform and invite them to become Client Users ("Client Users") to collaborate, manage, and communicate regarding Coach User's coaching services. The coaching.com Marketplace allows for Client Users to find coaches they might want to work with through Strivor.com's virtual community of Coach Users ("Verified Coach Users") and to browse coaching offers, fees, and services. It also simply provides the marketplace which allows the Coach Users and Client Users to transact with each other, and the Coaching Management Solution that allows Coach Users and Client Users to communicate. The services provided by Coach User is for the fees and charges agreed to between the Coach User and Client User. Coach Users must meet minimum Coach requirements: (i) have (5) previous coaching Client minimum and (ii) fifty (50) coached hour minimum, to be listed and perform services for Client Users through the Marketplace. This minimum criteria does not apply to Coach Users that are using the Coaching Management Solution provided by coaching.com in which Coach Users are able to manage Clients they have secured by their own means and not initially connect with via the coaching.com Marketplace.
(c) We do not offer any coaching advice, services, recommendations, or referrals. Coach Users are not the employees or agents of coaching.com. It is agreed by you that any coaching services provided by Coach User is an agreement between Coach User and Client User. Coach Users are required to purchase certain agreed terms of Services. You are solely responsible for cost of coaching services, fees, and payment terms. coaching.com will not be held responsible or liable for the actions or omissions of (i) any Coach User coaching services provided to Client User and (ii) any Client User who fails to pay Coach User.
(d) We do not make any warranty, guarantee, or representation as to the coaching ability, competence, quality, or qualifications of any Coach User. Furthermore, coaching.com does not warrant or guarantee that the Coach Users are covered by professional liability insurance. coaching.com encourages you to research any Coach User before accepting an agreement for coaching services.
(e) You represent and warrant that: (i) you have the authority to, and are of legal age in your jurisdiction to, bind yourself to these Terms of Services; (ii) your use of the Service will be solely for purposes that are permitted by these Terms of Services; (iii) your use of the Service will not infringe or misappropriate the intellectual property rights of any third party; and (iv) your use of the Service will comply with all local, state and federal laws, rules and regulations, and with all other Strivor.com policies.
Our Platform allows you to access certain e-commerce transaction and related data of and about your Client Users. Such e-commerce and related data obtained by any Coach Users on the Site or any Client User provided to Strivor.com by you or by the Client User directly shall be referred to herein as the "Client Data". You are solely responsible and liable for your Client Users and any support, customer service, problems, claims, disputes or issues arising with respect to and in connection with (i) any coaching services you provide to your Client Users or (ii) your access and use of our Services.
Furthermore, prior to obtaining or accessing any Client Data from or about a given Client User, or using the Platform or other Services with respect to such Client User or to the extent applicable prior to such Client User using the Services, through the use of your services or otherwise, you shall first ensure that your Client User has entered into and becomes bound by an agreement between you and such Client User authorizing and governing access to and use of your Client User's Client Data and that access to and use of our Services by or for such Client User. Such Client User agreement shall specify that such Client User (1) authorizes you to access and use Services in any platform for the benefit of Client User; coaching.com Authorized User to share and disclose your Client's Client Data to Strivor.com (and to you through the Services), and (2) authorizes coaching.com to obtain, receive, access and use such Client Data in order for coaching.com to provide the Services to you, and (3) agrees to reasonable and customary restrictions, limitations and disclosures, concerning coaching.com's use of access with respect to any of your or your Client Users Services/Client Data. Client User agreement shall also provide Client Users with any notices and information, and obtain from such Client Users any consents, required under applicable privacy, data security and other laws and regulations with respect to the Client Data and the use of the Services with respect to such Client User.
The authorizations and consents in such Client User agreement may refer more generally to "third party service providers" or terms of similar import rather than to coaching.com specifically so long as such terms would include coaching.com. You shall not use the Services with respect to any Client User unless making it available for or accessible to a particular prospective Client User or such Client User from or through the Services, or allows such Client User to access and use the Services, in all such cases unless and until such Client User agreement has been entered into and all such required consents, permissions and authorizations have been obtained from such Client User as set forth in this Section 5.
Access to Client Data for a given Client User or in the case of certain activities, including, coaching.com may be required or permitted to take action with respect to any unlawful use of Client Data originate or under applicable law. In such cases, the Coach User and Client User shall reasonably cooperate to facilitate such actions or authorizations, but solely at coaching.com's discretion. We reserve the right not to post, share, disclose, or otherwise collect or process Client Data because such actions or authorizations are not fulfilled or because you fail to meet your obligations under this Section 5.
(a) Subject to and conditioned on your payment of applicable Fees (as defined below) and compliance with these Terms of Services, coaching.com hereby grants to you a limited, revocable, non-transferable, non-sublicensable, non-exclusive, right and license to access and use the Platform and use the Services, solely for use by Authorized Users (as defined below) in accordance with these Terms of Services. Such use is limited to your internal use only and shall not include the right to build products or services using the Platform or third party services or products based on the Platform. "Authorized User" means Coach Users, Client Users and its employees, consultants, contractors, and agents who are authorized by Coach Users to access and use the Services under the rights granted herein pursuant to the Terms of Services.
(b) You shall not use the Services for any purposes beyond the scope of the access granted in the Terms of Services. You shall not at any time, directly or indirectly: (i) copy, modify, or create derivative works of the Services, in whole or in part; (ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, provide service bureau, or similar services, or otherwise make available the Services; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Services, in whole or in part; (iv) remove any proprietary notices from the Services; or (v) use the Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.
(c) coaching.com reserves all rights not expressly granted to you under these Terms of Services. Except for the limited rights and licenses expressly granted under these Terms of Services, nothing in these Terms of Services grants, by implication, waiver, estoppel, or otherwise, to you or any third party any intellectual property rights or other rights, interests, or licenses with respect to coaching.com or any aspect of the Services, and any and all materials, works of authorship, custom coaching.com urls, know-how and other intellectual property provided or made accessible to you or any Authorized User by or for coaching.com in connection with the Services or these Terms of Services. For the avoidance of doubt, coaching.com IP does not include Client Data or any Authorized User's own coaching materials.
(d) Notwithstanding anything to the contrary in the Terms of Services, coaching.com may temporarily or permanently suspend yours and any Authorized User's access to any portion or all of the Services if: (i) coaching.com reasonably determines that: (A) there is a threat or attack on any of the coaching.com IP; (B) yours or any Authorized User's use of the coaching.com IP disrupts or poses a security risk to the Services, other coaching.com IP or to any other customer or vendor of coaching.com IP; (C) you or any Authorized User is using the Services or coaching.com IP for fraudulent or illegal activities; (D) subject to applicable law, you have ceased to continue your business in the ordinary course, made an assignment for the benefit of creditors or similar disposition of its assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution, or similar proceeding; or (E) coaching.com IP's provision of the Services to you or any Authorized User is prohibited by applicable law; (ii) any vendor of coaching.com or the platform from which Client Data is obtained, has suspended or terminated coaching.com's access to or use of any third-party services or products required for the Services; or (iii) in accordance with Section 5 (Access to Client Data). coaching.com shall provide you with written notice of any Service Suspension to you and to provide updates regarding resumption of access to the Services following any Service Suspension. coaching.com shall use commercially reasonable efforts to resume providing access to the Services as soon as reasonably possible after the event giving rise to the Service Suspension is cured. coaching.com will have no liability for any damages, liabilities, losses (including any loss of data or profits), or any other consequences that you or any Authorized User may incur as a result of a Service Suspension.
(a) You shall pay coaching.com the fees ("Fees") as set forth in the applicable Order Form or as otherwise agreed upon between the parties in writing. coaching.com reserves the right to change the Fees or applicable charges and to institute new charges and Fees at the end of the Initial Subscription Term or then-current renewal term, upon thirty (30) days prior notice to you (which may be sent by email).
(b) If you believe that coaching.com has billed you incorrectly, you must contact coaching.com no later than sixty (60) days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to coaching.com's customer support department.
(c) coaching.com may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by coaching.com thirty (30) days after the mailing date of the invoice. Unpaid amounts are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection and may result in immediate termination of Services.
(a) Subject to earlier termination as provided below, this Agreement is for the Initial Subscription Term as specified in the Order Form, and shall be automatically renewed for additional periods of the same duration as the Initial Subscription Term (collectively, the "Term"), unless either party requests termination at least thirty (30) days prior to the end of the then-current term.
(b) In addition to any other remedies it may have, either party may also terminate this Agreement upon thirty (30) days' notice (or without notice in the case of nonpayment), if the other party materially breaches any of the terms or conditions of this Agreement.
(c) coaching.com will have no liability to you for any termination of this Agreement. Upon any termination, coaching.com will make all Client Data available to you for electronic retrieval for a period of thirty (30) days, but thereafter coaching.com may, but is not obligated to, delete stored Client Data. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability.
coaching.com shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by coaching.com or by third-party providers, or because of other causes beyond coaching.com's reasonable control, but coaching.com shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption.
HOWEVER, coaching.com DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED "AS IS" AND coaching.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR BODILY INJURY OF A PERSON, coaching.com AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND coaching.com'S REASONABLE CONTROL; OR (D) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID BY YOU TO coaching.com FOR THE SERVICES UNDER THIS AGREEMENT IN THE THREE (3) MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT coaching.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If you have any questions about these Terms of Service, please contact us at:
