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TERMS & CONDITIONS

EMPOWERING PARENTS | COACHING ATHLETES

Ok, here is the legal stuff…

Introduction
The eCoachIt products and services provided to the licensee (“Client”) are independently developed and owned by eCoachIt. By using our material and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as “User Agreement”).

This agreement is in effect as of January 31, 2017.

We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement made available at http://ecoachit.com/userlicense periodically to familiarize yourself with any modifications. Your continued use of the services after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

Responsible Use and Conduct
By accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as ‘Services’), you agree to use these Services only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted practices or guidelines.

Wherein, you understand that:
a. In order to access our Services, you may be required to provide certain information about yourself (such as identification, contact details, payment information, etc.) as part of the registration process, or as part of your ability to use the Services. You agree that any information you provide will always be accurate, correct, and up to date.

b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Services. Accordingly, you are responsible for all activities that occur under your account/s.

c. Accessing (or attempting to access) any of our Services by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Services through any automated, unethical or unconventional means.

d. Engaging in any activity that disrupts or interferes with our Services, including the servers and/or networks to which our Services are located or connected, is strictly prohibited.

e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Services is strictly prohibited.

f. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.

g. You agree to indemnify and hold harmless eCoachIt and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Assumption of Risk
I understand that utilizing the Services includes receiving input from eCoachIt and its associated coaches to include lesson plans and assignments (hereafter referred to as “Activities”) to be performed over time. I further understand that participation in the assigned activities involves risks and dangers which include, without limitation, the potential for bodily injury, disability; loss of or damage to equipment/property; accidents, contact or collision with other participants, spectators, or natural or manmade objects; dangers arising from performing activities in adverse weather conditions; imperfect conditions existing where the Activities are chosen by me to take place; equipment failure; participants of varying skill levels; and other undefined risks and dangers which may not be readily foreseeable or are presently unknown (the “Risks”). I acknowledge that these Risks may be caused in whole or in part by my own actions or inactions, the actions or inactions of others participating in the Activities, or the acts, inactions, or negligence of the Released Parties. I hereby expressly assume all such Risks and responsibility for any damages, liabilities, losses, or expenses which I incur as a result of my participation in the Activities.

Payment
The Services are paid via credit card charge either as ordered by you or monthly/quarterly/annually (depending on the service) to the card number you provide to the system. The exchange of sensitive cardholder data is done between you and Authorize.Net, completely on their secure servers. When you enter sensitive payment data you do so directly onto Authorize.Net-hosted pages without leaving the eCoachIt website. eCoachIt takes data security very seriously which is why the process is established this way. Since we do not see your data, we therefore do not store any of your financial information. All transactions are completed through Authorize.net, where only the last four digits of your credit card number are stored for order verification purposes only.

Automatic Renewal
Some Services are subscription based, paid monthly/quarterly/annually or otherwise stated, and therefore require automatic renewal. If your order is subject to automatic renewal, you will be notified of that renewal requirement during the order process. By proceeding with such Services, you demonstrate your acceptance of the automatic renewal process. Subscription services may be cancelled at any time as of the next renewal date.

Ordering Issues
Although our goal is to process all valid orders, eCoachIt reserves the right to refuse any order for any reason, including but not necessarily limited to: (i) we identify a pricing error and/or other information about the Service or receive insufficient or erroneous billing, payment, and/or shipping information, (ii) we suspect an order has been placed using stolen payment information or otherwise appears fraudulent, (iii) the ordered Service is unavailable due to discontinuance or otherwise, or (iv) we identify any order that may be connected with a previous payment dispute.

Order Cancellation by eCoachIt
If any Service is discontinued or otherwise becomes unavailable, eCoachIt reserves the right to (i) cancel the order and provide you a refund for the amount paid for the Service (if the Service is a one-time order), (ii) substitute the Service with a similar Service (if the Service is subject to a subscription) or (iii) issue you a pro rata refund for the remaining term paid.

Limitation of Warranties
By using our Services, you understand and agree that all Services we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:
i) the use of our Services will meet your needs or requirements;
ii) the use of our Services will be uninterrupted, timely, secure or free from errors;
iii) the information obtained by using our Services will be accurate or reliable, and;
iv) any defects in the operation or functionality of any Services we provide will be repaired or corrected.

Furthermore, you understand and agree that:
v) any content downloaded or otherwise obtained through the use of our Services is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
vi) no information or advice, whether expressed, implied, oral or written, obtained by you from eCoachIt or through any Services we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.

Limitation of Liability
In conjunction with the Limitation of Warranties and Assumption of Risk as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. eCoachIt will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Services, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

Copyrights/Trademarks
All content and materials available on System, including but not limited to text, graphics, videos, website name, code, images and logos are the intellectual property of eCoachIt, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by eCoachIt.

Licensee will not reverse engineer, decompile, disassemble or otherwise attempt to derive the source code, techniques, processes, algorithms, know-how or other information from the binary code portions or information from the compiled code or databases produced by the code of the eCoachIt Technology (collectively, “Reverse Engineering”) or permit or induce the foregoing. If however, directly applicable law prohibits enforcement of the foregoing, Licensee may engage in Reverse Engineering solely for purposes of obtaining such information as is necessary to achieve interoperability of independently created software with the eCoachIt Technology, or as otherwise and to the limited extent permitted by directly applicable law, but only if: (a) Reverse Engineering is strictly necessary to obtain such information; and (b) Licensee has first requested such information from eCoachIt and eCoachIt failed to make such information available (for a fee or otherwise) under reasonable terms and conditions. Any information supplied to or obtained by Licensee under this section is confidential information of eCoachIt subject to the obligations of Confidentiality, may only be used by Licensee for the purpose described in this section, and will not be disclosed to any third party or used to create any software which is substantially similar to the expression of the eCoachIt Technology.

Termination of Use
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our Services with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Services we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

Governing Law
The Services are controlled by eCoachIt from our offices located in the state of California, USA. By using our Services, you agree that the statutes and laws of California, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of the Services and the purchase of any products or services through the eCoachIt website as the case may apply.

Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in California. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Guarantee
UNLESS OTHERWISE EXPRESSED, ECOACHIT EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Contact Information
If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:

eCoachIt.com
10531 4S Commons Dr., Ste 575
San Diego, CA 92127

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