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by Dawn Lantero
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Agreement Between User and Coaching My Kids
The Coaching My Kids Web Site is comprised of
various Web pages operated by Coaching My
Kids.
The Coaching My Kids Web Site is offered to you
conditioned on your acceptance without
modification of the terms, conditions, and
notices contained herein. Your use of the
Coaching My Kids Web Site constitutes your
agreement to all such terms, conditions, and
notices.
Modification of These Terms of Use
Coaching My Kids reserves the right to change the terms, conditions, and notices under which the Coaching My Kids Web Site is offered, including but not limited to the charges associated with the use of the Coaching My Kids Web Site.
Links to Third Party Sites
The Coaching My Kids Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Coaching My Kids and Coaching My Kids is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Coaching My Kids is not responsible for webcasting or any other form of transmission received from any Linked Site. Coaching My Kids is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Coaching My Kids of the site or any association with its operators.
No Unlawful or Prohibited Use
As a condition of your use of the Coaching My
Kids Web Site, you warrant to Coaching My Kids
that you will not use the Coaching My Kids Web
Site for any purpose that is unlawful or
prohibited by these terms, conditions, and
notices. You may not use the Coaching My Kids
Web Site in any manner which could damage,
disable, overburden, or impair the Coaching My
Kids Web Site or interfere with any other
party's use and enjoyment of the Coaching My
Kids Web Site. You may not obtain or attempt to
obtain any materials or information through any
means not intentionally made available or
provided for through the Coaching My Kids Web
Sites.
Use of Communication Services
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
-
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
-
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
-
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
Coaching My Kids has no obligation to monitor the
Communication Services. However, Coaching My Kids
reserves the right to review materials posted to
a Communication Service and to remove any
materials in its sole discretion. Coaching My
Kids reserves the right to terminate your access
to any or all of the Communication Services at
any time without notice for any reason
whatsoever.
Coaching My Kids reserves the right at all times
to disclose any information as necessary to
satisfy any applicable law, regulation, legal
process or governmental request, or to edit,
refuse to post or to remove any information or
materials, in whole or in part, in Coaching My
Kids's sole discretion.
Always use caution when giving out any personally
identifying information about yourself or your
children in any Communication Service. Coaching
My Kids does not control or endorse the content,
messages or information found in any
Communication Service and, therefore, Coaching My
Kids specifically disclaims any liability with
regard to the Communication Services and any
actions resulting from your participation in any
Communication Service. Managers and hosts are not
authorized Coaching My Kids spokespersons, and
their views do not necessarily reflect those of
Coaching My Kids.
Materials uploaded to a Communication Service may
be subject to posted limitations on usage,
reproduction and/or dissemination. You are
responsible for adhering to such limitations if
you download the materials.
Materials Provided to Coaching My Kids or Posted at Any Coaching My Kids Web Site
Coaching My Kids does not claim ownership of
the materials you provide to Coaching My Kids
(including feedback and suggestions) or post,
upload, input or submit to any Coaching My Kids
Web Site or its associated services
(collectively "Submissions"). However, by
posting, uploading, inputting, providing or
submitting your Submission you are granting
Coaching My Kids, its affiliated companies and
necessary sublicensees permission to use your
Submission in connection with the operation of
their Internet businesses including, without
limitation, the rights to: copy, distribute,
transmit, publicly display, publicly perform,
reproduce, edit, translate and reformat your
Submission; and to publish your name in
connection with your Submission.
No compensation will be paid with respect to
the use of your Submission, as provided herein.
Coaching My Kids is under no obligation to post
or use any Submission you may provide and may
remove any Submission at any time in Coaching
My Kids's sole discretion.
By posting, uploading, inputting, providing or
submitting your Submission you warrant and
represent that you own or otherwise control all
of the rights to your Submission as described
in this section including, without limitation,
all the rights necessary for you to provide,
post, upload, input or submit the Submissions.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND
SERVICES INCLUDED IN OR AVAILABLE THROUGH THE
Coaching My Kids WEB SITE MAY INCLUDE
INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES
ARE PERIODICALLY ADDED TO THE INFORMATION
HEREIN. Coaching My Kids AND/OR ITS SUPPLIERS
MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE
Coaching My Kids WEB SITE AT ANY TIME. ADVICE
RECEIVED VIA THE Coaching My Kids WEB SITE
SHOULD NOT BE RELIED UPON FOR PERSONAL,
MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU
SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR
SPECIFIC ADVICE TAILORED TO YOUR
SITUATION.
Coaching My Kids AND/OR ITS SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY,
RELIABILITY, AVAILABILITY, TIMELINESS, AND
ACCURACY OF THE INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS
CONTAINED ON THE Coaching My Kids WEB SITE FOR
ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS ARE
PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION
OF ANY KIND. Coaching My Kids AND/OR ITS
SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, IN NO EVENT SHALL Coaching My Kids AND/OR
ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS
OF USE, DATA OR PROFITS, ARISING OUT OF OR IN
ANY WAY CONNECTED WITH THE USE OR PERFORMANCE
OF THE Coaching My Kids WEB SITE, WITH THE
DELAY OR INABILITY TO USE THE Coaching My Kids
WEB SITE OR RELATED SERVICES, THE PROVISION OF
OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS OBTAINED THROUGH THE Coaching
My Kids WEB SITE, OR OTHERWISE ARISING OUT OF
THE USE OF THE Coaching My Kids WEB SITE,
WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE, EVEN IF Coaching
My Kids OR ANY OF ITS SUPPLIERS HAS BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE
SOME STATES/JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE
DISSATISFIED WITH ANY PORTION OF THE Coaching
My Kids WEB SITE, OR WITH ANY OF THESE TERMS OF
USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE Coaching My Kids WEB
SITE.
SERVICE CONTACT :
portaladmin@coachingmykids.com
Termination/Access Restriction
Coaching My Kids reserves the right, in its sole discretion, to terminate your access to the Coaching My Kids Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in King County, Washington, U.S.A. in all disputes arising out of or relating to the use of the Coaching My Kids Web Site. Use of the Coaching My Kids Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Coaching My Kids as a result of this agreement or use of the Coaching My Kids Web Site. Coaching My Kids's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Coaching My Kids's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Coaching My Kids Web Site or information provided to or gathered by Coaching My Kids with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Coaching My Kids with respect to the Coaching My Kids Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Coaching My Kids with respect to the Coaching My Kids Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
Copyright and Trademark Notices
All contents of the Coaching My Kids Web Site are: Copyright 2005 Coaching My Kids and/or its suppliers. All rights reserved.
Trademarks
The names of actual companies and products
mentioned herein may be the trademarks of their
respective owners.
The example companies, organizations, products,
people and events depicted herein are
fictitious. No association with any real
company, organization, product, person, or
event is intended or should be inferred.
Any rights not expressly granted herein are
reserved.
Notices and Procedure for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.
