Welcome to the CoachArt.org web site. The following are terms of a legal agreement between you and CoachArt.org (“CoachArt”). By accessing, browsing and/or using this web site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and to comply with all applicable laws and regulations. If you do not agree to these Terms or Use, please do not use this web site. CoachArt may at any time modify or revise these Terms of Use by updating this posting. Your continued use of this web site following the posting of any change constitutes your agreement to such change. CoachArt recommends that you periodically visit this page to determine the then current Terms of Use to which you are bound.
Modifications to the Site
CoachArt reserves the right, for any reason, in its sole discretion, to change, add, remove or suspend any portion of this web site, including but not limited to content, features and hours of availability. CoachArt may impose limits on certain features of this web site or restrict your access to part or al of this web site without notice or penalty.
User Information
In the course of your use of this web site, you may provide certain information to CoachArt (such information collectively is referred to as “User Information”). CoachArt’s use of any User Information will be governed by its Privacy Policy.
User Conduct
You are solely responsible for the content and context of any materials or User Information you post or submit through this web site. You warrant and agree that, while using this web site, you shall not upload, post or transmit to or distribute or otherwise publish through this web site any materials which: (a) are unlawful, threatening, harassing or profane, (b) restrict or inhibit any other user from using and enjoying the Site, (c) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability, or (d) contain a virus or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact.
Submissions
All remarks, submissions, ideas, concepts, pictures or other information you submit to this web site will become the exclusive property of CoachArt. CoachArt will not be required to treat any submission as confidential, and will be entitled to use all submissions for any purpose whatsoever, without any compensation to you.
Intellectual Property
You acknowledge and agree that all content and materials available on this web site, including CoachArt’s and other’s names and logos, are protected by intellectual property and other laws. Except as expressly authorized by CoachArt or the appropriate party, any use, copy, reproduction, display, performance, modification or retransmission is strictly prohibited. Notwithstanding the above, you may download one copy of the content and materials on this web site on any single computer for your personal non-commercial use, provided you keep intact all proprietary and other notices.
In appropriate circumstances and at its sole discretion, CoachArt may suspend or terminate the access of and take other action against users who infringe the copyright rights of others. If you believe that your work has been copied and is accessible on this web site in a way that constitutes copyright infringement, or that this web site contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify CoachArt by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. §512):
A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Rodale to locate the material; Information reasonably sufficient to permit Rodale to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted; 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, its agent, or the 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 notification should be sent to CoachArt’s copyright agent:
Thyonne Gordon, Executive Director
CoachArt.org
3303 Wilshire Blvd.
Suite 320
Los Angeles, CA 90010
Phone: 213.736.2850
Fax: 213.736.2851
Email: thyonne@coachart.org
Monitoring
You agree that CoachArt has the right, but not the obligation, to monitor, edit, disclose, refuse to post, or remove at any time, for any reason in its sole discretion, any material and content anywhere on this web site, including but not limited to bulletin boards, e-mail and other forums. Notwithstanding this right, CoachArt does not and cannot review all materials posted to this web site by users and CoachArt is not responsible for any such materials posted by users.
DISCLAIMER OF WARRANTIES
THIS WEB SITE, INCLUDING ALL CONTENT, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THIS WEB SITE, IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COACHART DOES NOT WARRANT THAT THIS WEB SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS.
LIMITATION OF LIABILITY
IN NO EVENT WILL COACHART BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO VIRUSES, THE USE OF OR THE INABILITY TO USE THIS WEB SITE, OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO EVEN IF COACHART OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE TOTAL LIABILITY OF COACHART TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THIS WEB EXCEED, IN THE AGGREGATE, $100.00.
Indemnification
You shall indemnify, defend and hold CoachArt, its officers, directors, employees, agents, licensee, successors and assigns (collectively, the “Indemnified Parties”), harmless from and against any and all claims, losses, damages, liabilities, judgments and fees and expenses related thereto (including, without limitation, reasonable attorneys’ fees), incurred by an Indemnified Party in connection with any claims arising out of, based upon or resulting from any breach or violation by you of these Terms of Use, any use by you of this web site, or as a result of a dispute with another user. CoachArt reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle or otherwise dispose of any matter without the prior written consent of CoachArt.
Termination
This Agreement constitutes a binding agreement between you and CoachArt until terminated by you or CoachArt, which CoachArt may do at any time, without notice, in CoachArt’s sole discretion. If you become dissatisfied with this web site, in any way, your only recourse is to immediately discontinue use of the Site.
Choice of Law; Dispute Resolution
This Agreement shall be governed by and in accordance with the laws of the State of California without regard to conflicts of laws provisions. Any controversy involving CoachArt arising from or in any way related to the Terms of Use or your use of this web site shall be heard in the appropriate State or Federal court in Los Angeles County, California and you irrevocably consent to the jurisdiction of such courts.
Notices and Disclosures
Except as explicitly stated otherwise, any notices shall be given by e-mail to CoachArt at info@coachart.org and to you at the e-mail address you provide to CoachArt. Notice shall be deemed given 24 hours after the e-mail is sent, unless the sending party is notified that the e-mail address is invalid.
General Provisions
If any provision of the Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to effect the intent of the Terms of Use, and the remainder of the Terms of Use shall continue in full force and effect. The failure by either you or CoachArt to exercise or enforce any rights or provisions of the Terms of Use shall not constitute a waiver of such right or provision. You agree that any cause of action arising out of or related to this web site or the Terms of Use must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The Terms of Use comprise the entire agreement between you and CoachArt and supersedes all prior agreements between the parties, regarding the subject matter contained herein. All provisions in the Terms of Use regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of the Terms of Use.
Contact Information
If you have any questions or comments about these Terms of Use, CoachArt can be contacted as follows:
CoachArt.org
3303 Wilshire Blvd.
Suite 320
Los Angeles, CA 90010
Phone: 213.736.2850
Fax: 213.736.2851
info@coachart.org
