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Disclaimer

This page states the "Terms and Conditions" under which you may use CoachDeck.com ("the Web Site"). We've created these terms of use to protect you and ensure you have an enjoyable and informative experience. Please read the following agreement carefully. To become a member of the the Web Site, you must read and accept all of the terms and conditions of this agreement (“the Agreement”) and the Privacy Policy. If you do not agree to be bound by the terms after you read this Agreement, you may not use CoachDeck.com.

CoachDeck LLC (the "Company") reserves the right to revise these Terms and Conditions at any time by updating this posting and without prior notice to you. You should visit this page periodically to review the Terms and Conditions, because they are binding on you each time you access this Web Site and services. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing this web site for any reason.

Eligibility

Users must be at least eighteen (18) years of age to register and use the services associated with CoachDeck.com. By using the Web site, you represent and warrant that you have the right, autority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. Membership in CoachDeck.com is void where prohibited.

Term

This Agreement will remain in full force and effect while you use the Web site and/or are a Member. You may terminate your membership at any time by contacting us. The Company may terminate your membership for any reason, at any time. If the Company terminates your membership in the Service because you have breached the Agreement, you will not be entitled to any refund of unused subscription fees. Even after membership is terminated, this Agreement will remain in effect.

Member Account Registration


To register as a CoachDeck.com Member, you agree to:

  1. Provide us with current, complete and accurate information about yourself (the registration data);
  2. Maintain and promptly update the registration data to keep it current, complete and accurate in a timely manner;
  3. To represent only yourself on CoachDeck.com, and no other persons, living, dead, or imagined.
If you provide any information that is inaccurate, incomplete, or not current, the Company retains the right to suspend or terminate your membership, and refuse any and all current or future use of the CoachDeck.com Service. Under no circumstances does CoachDeck.com have any obligations under the Agreement to check the accuracy or truthfulness of the registration data of any Member.

Member Conduct


As a condition of your use of the Service, you guarantee to CoachDeck.com that you will not use the Service for any purpose that is unlawful and / or prohibited by these terms, conditions, and notices. You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account made by you including the content of your transmissions through the Service. By way of example, and not as a limitation, you agree NOT to:
  1. Defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others.
  2. Publish, distribute and/ or disseminate any harmful, obscene, indecent, unlawful, libelous, profane, defamatory, infringing, inappropriate, hateful, or racially, ethnically or otherwise objectionable material or information.
  3. Create a false or misleading identity of, including, but not limited to, a CoachDeck.com employee, or falsely state or otherwise misrepresent your affiliation with a person or entity, for the purpose of misleading others as to the identity of the sender or the origin of a message or to harvest or otherwise collect information about others.
  4. Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means.
  5. Transmit, email or post any material that contains in any form software viruses or such programs as including but not limited to, Trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
  6. Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
  7. Disseminate content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right ('Rights') of any party or infringes any intellectual property law or any other applicable law.
  8. Interfere with another member's use and enjoyment of the Service.
Without prejudice to the Privacy Policy of the Agreement, CoachDeck.com has no obligation to monitor the Service or any member's use thereof.

Use of Material


The Company authorizes you to view and download a single copy of the material on the Web Site solely for your personal, noncommercial use.  "Material" is any text, graphics, photos, music, sounds, video, software, code, information, and articles found at this Web Site. By using this Web Site, you agree that all content is the sole property of the Company and may not be reproduced without prior written permission. All Material is protected under US and International copyright, trademark and other laws. All Material is the property of the Company. The compilation (meaning the collection, arrangement and assembly) of all content on this Web Site is the exclusive property of the Company and protected by U.S. and international copyright laws. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright, trademark, service-mark and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other web site or in a networked computer environment for any purpose is prohibited. 

Content Posted On The Site
  1. CoachDeck.com reserves the right to review and delete any content, messages, photos, pictures or profiles (collectively, "Content") that in the sole judgment of CoachDeck.com violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.
  2. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members.
  3. By posting Content to any public area of CoachDeck.com, you automatically grant, and you represent and warrant that you have the right to grant, to CoachDeck.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
  4. The following is a partial list of the kind of Content that is illegal or prohibited on the Web site. CoachDeck.com reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes Content that:
    • is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
    • harasses or advocates harassment of another person;
    • involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
    • promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
    • promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
    • contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
    • displays pornographic or sexually explicit material of any kind;
    • provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
    • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
    • solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
    • engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; and
    • solicits people you don't know to add you or accept you as a friend on CoachDeck.com.
  5. Even though all of this is strictly prohibited, there is a small chance that you might become exposed to such items and you further waive your right to any damages (from any party) related to such exposure.
  6. You must use the Service in a manner consistent with any and all applicable laws and regulations.
  7. You may not include in your Member profile any telephone numbers, street addresses, last names, URLs or email addresses.
  8. You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Members. Although CoachDeck.com cannot monitor the conduct of its Members off the Web site, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, CoachDeck.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which CoachDeck.com deems appropriate in its sole discretion.
User Information

In addition to the terms and conditions that may be set forth in any privacy policy on this Web Site, you understand and agree that the Company may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. The Company will not disclose to any third party your name, address, e-mail address or telephone number without your prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. The Company reserves the right to offer third party services and products to you based on the preferences that you identify in your registration and at any time thereafter; such offers may be made by the Company or by third parties. Please see the Company’s Privacy Policy for further details regarding your Information.

User Submissions


If notified by a user of communications which allegedly do not conform to these Terms and Conditions, the Company may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. The Company has no liability or responsibility to users for performance or nonperformance of such activities. The Company reserves the right to expel users and prevent their further access to the Web Site for violating the Terms and Conditions or the law and the right to remove communications which are abusive, illegal, or disruptive. The Company may take any action with respect to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for the Company or may cause the Company to lose (in whole or in part) the services of its ISPs or other suppliers.

Registration and Passwords


You shall be responsible for maintaining the confidentiality of your information and password. All uses of this password, whether authorized or not, are the responsibility of the user. Please do not ever disclose your password. You agree to immediately notify the Company of any unauthorized use of your registration or password.

Disclaimer


CoachDeck.com is not responsible for any incorrect or inaccurate Content posted on the Web site or in connection with the Service, whether caused by users of the Web site, Members or by any of the equipment or programming associated with or utilized in the Service. CoachDeck.com is not responsible for the conduct, whether online or offline, of any user of the Web site or Member of the Service. CoachDeck.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. CoachDeck.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will CoachDeck.com be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Web site, or the Service, or the Products, any Content posted on the Web site or transmitted to Members, or any interactions between users of the Web site, whether online or offline. The Web site, the Service, and the Products are provided "AS-IS" and CoachDeck.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. CoachDeck.com cannot guarantee and does not promise any specific results from use of the Web site and/or the Service and/or the Products. The service may be temporarily unavailable from time to time for maintenance or other reasons. No advice or information, whether oral or written, obtained by user from CoachDeck.com or through or from the service shall create any warranty not expressly stated herein.

Limitation Of Liability
  1. YOU AGREE THAT COACHDECK.COM SHALL NOT BE RESPONSIBLE OR LIABLE FOR:
    • PROVIDED THAT COACHDECK.COM HAS FULFILLED ITS SECURITY OBLIGATIONS, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
    • ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT, SAVE THAT COACHDECK.COM SHALL BE ENTITLED TO REMOVE IT IN ALL PRACTICABLE SPEED AFTER COACHDECK.COM HAS BEEN NOTIFIED IN WRITING OF ITS PRESENCE ON THE SITE.
    • CONDUCT OF ANY OTHER MEMBER OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS.
    • ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION:

      1. DAMAGES FOR LOSS OF USE;
      2. DATA GOODWILL;
      3. PROFITS, OR OTHER INTANGIBLE LOSSES;

      ARISING OUT OF OR IN ANY WAY CONNECTED WITH:

      1. USE OR PERFORMANCE OF THE SERVICE OR RELATED WEBSITES OR RELATED PRODUCTS;
      2. DELAY OR INABILITY TO USE THE SERVICE OR RELATED WEBSITES;
      3. PROVISION OF OR FAILURE TO PROVIDE SERVICES, INFORMATION OR SOFTWARE;
      4. SERVICES OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE;
      5. ERROR;
      6. OMISSION;
      7. INACCURACY;
      8. INTERRUPTION;
      9. DELETION;
      10. DEFECT;
      11. DELAY IN OPERATION OR TRANSMISSION;
      12. COMPUTER VIRUS;
      13. COMMUNICATION LINE FAILURE;
      14. THEFT;
      15. DESTRUCTION OR UNAUTHORIZED ACCESS;
      16. ALTERATION;

      WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE - EVEN IF COACHDECK.COM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.


  2. IF YOU ARE DISSATISFIED WITH THE SERVICE OR ANY PART OF THE SERVICE YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND ITS RELATED WEBSITE.
  3. AT ALL TIMES AND IN ANY EVENT THE TOTAL LIABILITY OF COACHDECK.COM TO ITS MEMBERS SHALL BE LIMITED TO THE TOTAL ANNUAL MEMBERSHIP FEE PAID BY THE INDIVIDUAL MEMBER TO COACHDECK.COM.
Indemnity

By using the Web Site, you agree to indemnify, defend and hold harmless the Company, its Officers, Directors, Employees, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material or your breach of the Terms of Use. The Company shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

Termination


The Company reserves the right to terminate your ability to access the Web Site, for any reason, without notice. If the Company determines you have breached any portion of the Terms and Conditions, the Company reserves the right to (a) warn you of your breach by e-mail or written means, (b) delete content provided by you, (c) notify and cooperate with the proper authorities for further legal action, and (d) continue with any other action which the Company deems appropriate for the situation. The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to immediate termination of your registration, upon any breach by you of these Terms and Conditions or if the Company is unable to verify or authenticate any information you submit to the Web Site

Applicable Law


You agree that these Terms and Conditions shall be governed in accordance with the laws of the State of Minnesota, without giving effect to its conflict of laws provision. You agree to submit to the personal jurisdiction and venue of such courts.

Copyright Information


All of the writing at our site is the property of the Company and is protected under copyright laws unless otherwise noted. Reproduction of material is strictly prohibited without the prior written permission of the Company. The Company reserves the right to publish material contributed by users. This includes feedback, comments, and general correspondence when appropriate. By submitting content to any public or non-public area of the Web Site, you grant the Company and its affiliates the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on the Web Site retains any and all rights that may exist in such content. The Company permits the following reproduction: (a) any material you wish to quote up to a paragraph in length and used for commentary purposes provided you credit the Web Site and include a link to the Web Site, (b) general links to the Web Site for informational purposes, and (c) downloading or printing a single copy of Material for offline viewing.

General


The Company makes no claims that the Materials may be lawfully viewed or downloaded outside of the United States. Access to the Materials may not be legal by certain persons or in certain countries. If you access the Web Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms and conditions are governed in accordance with the laws of the State of Minnesota. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Rochester, Minnesota. If any provision of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. These Terms and Conditions constitute the entire agreement between you and the Company with respect to the use of this Web Site. No changes to these Terms and Conditions shall be made except by a revised posting on this page. I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.