Last Modified: November 17, 2019
1. Use of Website.
CoachLink is owned and operated by InertiaForce LLC (”CoachLink,” “COMPANY,” “we” or “us”). InertiaForce provides the materials on this website solely for your own use for informational purposes only.
Warning: Inertiaforce LLC assumes no responsibility for any personal injury or loss that may occur as a result of following the instruction, in-app video coaching sessions or advice given from any and all coaches using the CoachLink app. Users should consult a physician if they have any doubts about their physical ability to receive coaching for their desired sport.
2. Right to Modify.
3. Access to the Website.
4. Your Information.
Any and all information you post or otherwise provide to InertiaForce LLC by means of this website is true and accurate, not misleading, and offered in good faith. You agree that any information you provide through this website is not generally confidential and InertiaForce may use information that you supply through the website to improve our service and product offerings or our website and also to provide you with additional information about our products and services. We may use common internet technologies, such as “cookies”, to manage the information we receive from you. CoachLink will not share, sell or otherwise distribute any of your personally-identifiable information with third parties for their promotional or sales purposes. In the event we provide a product or service to you, we may share certain information only with organizations who work with InertiaForce in order to provide those services to you.
5. Intellectual Property.
All material contained in this website (including images, text, and the look and feel attributes) is the property of InertiaForce LLC and/or its licensors and is protected by copyright, trademark, patent, trade secret, and other intellectual property law. InertiaForce LLC reserves all rights in that regard. Removing or altering the copyright notice on any material that appears in this website is strictly prohibited. Nothing contained in this website should be construed as granting any license or other right without the express written permission of InertiaForce.
6. Links to Other Websites.
This website may contain links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement or recommendation by InertiaForce LLC of the content on such third-party websites or as an indication of any affiliation, sponsorship or endorsement of or by such third-party websites. If you use any links, you will leave the CoachLink website. InertiaForce LLC is not responsible for the content of linked third-party websites and does not make any representations regarding the privacy practices of, or any information or product or accuracy of materials found on such third-party websites. If you decide to access any of the third-party websites linked to this website, you do so entirely at your own risk.
7. Parties’ Responsibilities.
CoachLink shall not be obligated to provide notice to You in the event that any feature of the Membership is not being displayed or running properly. CoachLink cannot be held liable for system down time or crashes.
8. Prohibited Uses.
You shall not, and shall not authorize or encourage any third party to use the Membership for any automated, deceptive, fraudulent or other invalid mean; to damage, disable, overburden, or impair the CoachLink website or any other party’s services, servers, or other equipment or services; or to act in any way that violates any Membership Policies posted on this CoachLink Web Site, as may be revised from time to time, or any other agreement between You and the Company, or engage in any action or practice that reflects poorly on CoachLink or the Company, otherwise disparages or devalues CoachLink or the Company’s reputation or goodwill. You acknowledge that any attempted participation or violation of any of the foregoing is a material breach of this Agreement and that we may pursue any and all applicable legal and equitable remedies against You, including an immediate suspension of your account or termination of this Agreement, and the pursuit of all available civil or criminal remedies.
9. No Warranty.
THE COMPANY MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WITH RESPECT TO THE MEMBERSHIP, AND EXPRESSLY DISCLAIMS THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR ACCURACY OF INFORMATIONAL CONTENT. THE COMPANY MAKES NO WARRANTY THAT THE MEMBERSHIP WILL MEET YOUR REQUIREMENTS, OR THAT MEMBERSHIP WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, NOR DOES THE COMPANY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MEMBERSHIP OR THAT ALL DEFECTS WILL BE CORRECTED.
10. LIMITATIONS OF LIABILITY.
IN NO EVENT WHATSOEVER SHALL COACHLINK, THE COMPANY, SHAREHOLDERS, AFFILIATES, SUPPLIERS OR THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, INCLUDING BUT NOT LIMITED TO LOSS OF SALES, PROFIT, REVENUE, GOODWILL, OR DOWNTIME, (HOWEVER ARISING IN TORT, CONTRACT, OR OTHERWISE) REGARDLESS OF SUCH PARTY’S NEGLIGENCE OR WHETHER SUCH PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND AND AGREE THAT THE USE OF THIS SITE IS AT YOUR DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY INJURY, LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM YOUR USE OF THE MEMBERSHIP. THE COMPANY NEITHER ASSUMES, NOR AUTHORIZES ANY OTHER PARTY TO ASSUME ON ITS BEHALF, ANY OTHER LIABILITY IN CONNECTION WITH THE PROVISION OF THE SITE. THE LIMITATIONS OF LIABILITY PROVIDED IN THIS AGREEMENT INURE TO THE BENEFIT OF COACHLINK, THE COMPANY, SHAREHOLDERS, AFFILIATES AND TO ALL OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS AND AGENTS. IN NO EVENT SHALL THE COMPANY ‘S TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED US$50. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO PORTIONS OF THE FOREGOING MAY NOT APPLY TO YOU, BUT THEN LIABILITY SHOULD BE LIMITED TO THE FULL EXTENT OF THE LAW.
You acknowledge that all training and exercise activities carry with them the potential risk of personal injury or death. You assume all risks of injury arising out of your use of any information, services or products provided by coachlinkapp.com and/or InertiaForce LLC. You release InertiaForce LLC from any liability, loss, damage, expense or cost of any nature whatsoever for any and all claims known and unknown, foreseen or unforeseen, future or contingent for personal injury or property damage arising out of any use of any information, services, programs or products provided by coachlinkapp.com and/or InertiaForce LLC. You agree that you shall not at any time directly or indirectly commence or prosecute any action against coachlinkapp.com and/or InertiaForce LLC arising out of or relating to your use of any information, services, programs or products provided by coachlinkapp.com and/or InertiaForce LLC.
11. Force Majeure.
Neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake or other acts of God, labor conditions, and power failures.
12. Representations and Warranties.
You represent and warrant that (a) all of the information provided by You to the Company to enroll in the Membership is correct and current; (b) You have all necessary right, power, and authority to enter into this Agreement and to perform the acts required of You hereunder.
14. Intellectual Property Rights.
You acknowledge that the Company owns all right, title and interest, including without limitation all Intellectual Property Rights (as defined below), in and to the Membership (excluding items licensed by the Company from third parties), and that You will not acquire any right, title, or interest in or to the Membership. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the CoachLink App or services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Membership or proprietary information related thereto. You will not remove, obscure, or alter CoachLink's Links, Copyright, Brand Features, or other proprietary rights notices affixed to or contained within any of CaochLink’s services, software, or documentation. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, moral rights law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, as well as, any and all applications, renewals, extensions, restorations and re-instatements thereof, now or hereafter in force and effect worldwide.
15. Use of Information.
This Agreement shall be governed by the laws of Las Vegas, except for its conflicts of laws principles. Any dispute or claim arising out of or in connection with this Agreement shall be adjudicated in Las Vegas, Nevada. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. If any provision herein is held unenforceable, then such provision will be modified to reflect the parties’ intention, and the remaining provisions of this Agreement will remain in full force and effect. Continued use of or visits to the Membership constitutes acceptance of any modified terms and conditions. You may not assign your rights or delegate your responsibilities hereunder without the express written permission of the Company The Company may, at any time, assign its rights or delegate its obligations hereunder without notice to You. No person not a party to this Agreement is intended to be a beneficiary of this Agreement, and no person not a party to this Agreement shall have any right to enforce any term of this Agreement.
If you have any questions or concerns, please contact use here: Contact Us
Copyright © 2020 InertiaForce LLC