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This Agreement describes the terms and conditions applicable to your use of our services at CoachLink. If you have any questions regarding this Agreement, you may contact us at www.CoachLink.net. We may amend this Agreement at any time; changes or amendments will be posted at the bottom of this page for public view and be considered effective 30 days from the date such changes take place. You further agree that by accessing the CoachLink web site or utilizing the CoachLink services you agree to be bound the Terms and Conditions as are in effect at such time.

1. INTRODUCTION TO CoachLink. Upon your registration, you may choose your own password or CoachLink will assign you a password to access the CoachLink services through the CoachLink web site.

2. CoachLink SERVICES. At CoachLink we are committed to making your total CoachLink experience a positive one. Upon entering your information and the request specifications for which you would like a professional coach, we will provide you with a list of professional coaches that best fit your criteria and who may be interested in fulfilling your need.

We do not, however, guarantee that we will be able to match your service needs with a coach or that there are coaches in your area that either are capable or willing to complete your service needs. Although we take certain steps to examine the credentials of our listed coaches, we make no guarantees or representations regarding the skills of such coach or the quality of the job that he or she may perform for you if you elect to retain their services. It is entirely up to you to enter into a direct contract or otherwise reach agreement with a coach, and we do not guarantee or warrant their performance on the work or the outcome or quality of the services performed. Your rights under contracts you make with coaches typically are governed by your state and local laws. Should you have a dispute with any coach, you must address such dispute to the coach directly, and you hereby agree to release CoachLink (and our employees and agents) and any other person, firm, or entity (including our business partners such as a product manufacturer or supplier who may employ the CoachLink matching utility) from any damages or claims (including consequential and incidental damages) of every kind or nature, suspected and unsuspected, known and unknown, and disclosed or undisclosed, arising out of or in any way connected with such disputes and your dealings with service professionals.

3. RESOLUTION PROCESS AND LIMITED SERVICE GUARANTEE.
While we cannot guarantee the work performed by a listed coach, the CoachLink resolution process has been developed to try and assist you in resolving any workmanship problems that may arise and which may be the fault of the coach who you learned about through the CoachLink services. Under the circumstances more fully described herein and upon completion of all required procedures, we may, upon your request, provide limited assistance in resolving disputes between you and a coach. You must participate and use good faith efforts to resolve problems through the CoachLink resolution process. If, in its sole discretion, CoachLink, determines that you have not participated and cooperated in good faith in the resolution process, CoachLink may terminate such resolution process with no further obligation to you whatsoever. Such limited assistance in no way nullifies the release and indemnification described in these Terms and Conditions. If there exists any conflict between this section and any other section of these Terms & Conditions, such other section shall control.

4. INFORMATION YOU PROVIDE TO US. Upon using the CoachLink services, you will be prompted to disclose certain information about yourself and your coaching requirements, and you may be able to store information, such as services records, on our web site. Some of this information will be sent to coaches who will need this information to respond to you or to other persons or entities in connection with our business. For complete details on our use of your information, please see our privacy statement. You promise that all information you provide will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or CoachLink has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, CoachLink has the right to refuse any all current or future use of the CoachLink services (or any portion thereof) by you. You are responsible for any use of the CoachLink services by persons to whom you intentionally or negligently allow access to your password.

5. YOUR USE OF THE CoachLink SERVICES. It is agreed that your use of the CoachLink services is for your personal use. We reserve the right to revoke your access at any time. All information about service professionals is confidential and for your personal use only.

6. NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEB SITE. Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the CoachLink server ("Server") is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Server is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission of CoachLink. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the CoachLink web site or any other CoachLink owned, operated, licensed or controlled site. Elements of CoachLink web sites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any CoachLink Web site may be copied or retransmitted unless expressly permitted by CoachLink. CoachLink AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. CoachLink AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CoachLink AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.

7. LINKS TO THIRD PARTY SITES.
The links in the CoachLink web site will let you leave CoachLink's web site. The linked sites are not under the control of CoachLink and CoachLink is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. CoachLink is not responsible for webcasting or any other form of transmission received from any linked site. CoachLink is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by CoachLink of the site.

8. GENERAL PROVISIONS. You acknowledge and agree that the CoachLink services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and CoachLink's sole obligation to you or any third party for any claim arising out of your use of the CoachLink services or the CoachLink web site, is that you are free to discontinue your use of the CoachLink services or the CoachLink web site at any time. CoachLink EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY AND ALL LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF CoachLink HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. You agree to indemnify CoachLink, and its subsidiaries, affiliates, officers, employees, agents, co-branders, and other partners and hold them each harmless from any and all claims or demands, including attorney's fees, made by any third party due to or arising from your use of the CoachLink services or connection to the CoachLink web site or your violation of the Terms and Conditions, or arising from your violation of any rights of a third party. The Terms and Conditions will inure to the benefit of CoachLink's successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of CoachLink to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the CoachLink services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions are governed by the laws of the State of California such laws are applied to agreements entered into and to be performed entirely in the State of California. You agree to submit to jurisdiction in California and that any claim arising under these Terms and Conditions will be brought solely in a court in Orange County, California.

© 2004 CoachLink. All rights reserved.

 
 

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