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Effective Date: January 10, 2012
TOTALCOACH, LLC ( totalcoach.net ) - a MALEXON VENTURES, INC. Company - provides this Internet site and related services subject to your compliance with the terms and conditions set forth below. Your continued use of this site evidences your agreement to them. Please read the following information carefully.
The information contained in the Site is presented for the purpose of social networking on coaching and playing various activities. No activity should be engaged in without the prior consent of a physician. Further, TOTALCOACH makes no claims on the safety or appropriateness of any information found on the site.
TOTALCOACH makes no warrant as to the safety, reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of information on the Site. TOTALCOACH cannot and does not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. TOTALCOACH cannot and does not guarantee or warrant that files available for downloading from this Site are free from infection by viruses, worms, Trojan horses or other code that may harm your computer or system. TOTALCOACH does not warrant that this Site will be delivered to you over the Internet uninterrupted or error-free or that defects will be corrected. Users are responsible for implementing and maintaining adequate procedures and safeguards to ensure data is accurate and to make backup copies of all information supplied to totalcoach.net, including, but not limited to User web pages.
All information in bulletin boards or chat sessions should be relied on by you at your own risk. You assume the risk that the data is incorrect or inaccurate. No such information should be construed as the advice of a professional.
The TOTALCOACH Service consists of products, computer programs, widgets, services and web sites hosted or made available by TOTALCOACH, which you may use for capturing, organizing, searching, storing, synchronizing, sharing and transmitting data on multiple computer and network platforms, now known or hereafter developed (collectively, the "Service").
Copyright and licenses
All copyrighted and copyrightable materials on the Service, including but not limited to the text, design, product information, graphics, images, pictures, sound and other files, and the selection, compilation and arrangement thereof (collectively, "Materials") are ALL RIGHTS RESERVED Copyright © 2011 TOTALCOACH, LLC and/or its licensors.
TOTALCOACH grants you a limited license to make personal use of the Service to access and review the Materials for your information purposes only. This license does not include the right to: (a) use the Service or Materials for other than for its intended purpose, including but not limited to any marketing, selling, or other commercial uses; (b) use framing techniques to enclose any portion of the Service, including any images found on the Service or any text or the layout or design of any page or form contained on a page; (c) publish, publicly perform or display, or distribute to any third party any Materials, including reproduction or hosting the Materials on any computer network or broadcast or publications media; (d) make derivative uses of the Service or the Materials; or (e) any systematic collection or extraction of data through the use of any data mining, robots or similar data gathering or extraction methods.
You are not conveyed any other right or license, by implication or otherwise, in or under any patent, trademark, or proprietary right of TOTALCOACH or any third party. Any unauthorized use of the Service will terminate the permission or license granted by TOTALCOACH to you under these Terms of Service and may violate applicable law, including but not limited to copyright laws, trademark laws (including trade dress), and communications regulations and statutes.
TOTALCOACH has made every effort to secure appropriate clearances for all proprietary intellectual properties used on this Site. If you believe any material on this Site is infringing, please contact TOTALCOACH immediately.
You may notify TOTALCOACH of alleged intellectual property rights infringement by contacting TOTALCOACH at firstname.lastname@example.org.
Use of service
Subject to the terms and conditions within, these Terms of Service, TOTALCOACH grants you a limited, non-exclusive license to utilize the Service so long as (i) you are of legal age to form a binding contract and (ii) you are not barred from receiving the Service under the laws of the United States. In order to access and/or use the Service, you may be required to provide current, accurate, identification, contact and other information as part of the registration process and/or continued use of the Service, and you will be responsible for maintaining the accuracy and completeness of such information. You may also be provided with an account, username, password and/or an email address to access or use the Service, or to enable another to access, use and modify your notebooks (the "Account Information"). You are responsible for maintaining the confidentiality of your Account Information and, accordingly, will be fully responsible for all activities that occur under your account, including activities of others to whom you have provided your Account Information. You agree to immediately notify TOTALCOACH of any unauthorized use of your Account Information, account or any other breach of security. We will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your Account Information secure. You are solely responsible for obtaining the equipment and telecommunication services necessary to access the Service, and all fees associated therewith (such as computing devices and Internet service provider and airtime charges).
Changes to terms of service
TOTALCOACH reserves the right to change or modify any of the terms and conditions contained in these Terms of Service, or any policy of the Service, at any time and in its sole discretion. If TOTALCOACH decides to change these Terms of Service, it will post a new version on the Service and update the effective date set forth above. Any changes or modifications to these Terms of Service or policy will be effective upon posting of the revisions. Your continued use of the Service following posting of any changes or modifications constitutes your acceptance of such changes or modifications. You should frequently review these Terms of Service and any other applicable policies, including their dates, to understand the terms and conditions that apply.
Member concuct policy
Please read this Conduct Policy carefully. It governs your conduct while using various services on this Web site, located at totalcoach.net (the "Service") and operated by TOTALCOACH, LLC ("TOTALCOACH"). By using our Service, you agree to be bound the terms of this Conduct Policy.
Any violation of this policy may result in the suspension or termination of your access to the site or use of our service and such action as we deem appropriate. Indirect or attempted violations of this policy, and actual or attempted violations by a third party on your behalf, shall be considered violations of the policy by you.
The following non-exhaustive list describes the kinds of illegal or harmful conduct that are prohibited on our Service.
You agree not to upload, post or otherwise transmit any data that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, known to be false and presented as truth, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; You agree not to upload, post or otherwise transmit any data that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure Codes).
You agree not to upload, post or otherwise transmit any data that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
You agree not to upload, post or otherwise transmit any data that potentially infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person or entity;
You agree not to upload, post or otherwise transmit any data that is unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
You agree not to use an account name, file or directory name, or third level domain (i.e., aaa.totalcoach.net), or other identifier that infringes or misappropriates any trademark, service mark or other indicia of origin or that is otherwise likely to cause confusion as to the source, affiliation, sponsorship or endorsement of a third party's products or services;
You agree not attempt to disguise the origin of any User Content transmitted to the Service;
You agree not act in any manner that negatively affects other users' ability to use the Service;
You agree not impersonate any person or entity, including, without limitation, a manufacturer or owner of any product, or falsely state or otherwise misrepresent your affiliation with a person or entity;
You agree not interfere with the Service, or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
You agree not post content that would be harmful to minors in any manner;
You agree not create and/or log in with multiple accounts;
System and Network Security
You are prohibited from violating the security of any system or network comprising the Service. Such violations may result in criminal and civil liability. Examples of system or network security violations include, without limitation, the following:
Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of the Service or to breach security or authentication measures.
Unauthorized monitoring of data or traffic on the Service.
Interference with the Service including, without limitation, any type of flooding technique or deliberate attempt to overload a system such as denial of service attacks.
Forging of any packet header, e-mail header or any part of a message header. This prohibition does not include the use of aliases or anonymous remailers.
Using manual or electronic means to avoid any use or access limitations placed on this Service.
If you want to report any violations of this Member Conduct Policy, please contact us at email@example.com.
General Terms; Repeater Infringer Policy
We reserve the right, without notice and in our sole discretion, to terminate your account and your license to use the Service and to block or prevent future access to and use of the Service. Without limiting the foregoing, and in accordance with the Digital Millennium Copyright Act (DMCA), it is TOTALCOACH's policy to terminate, in appropriate circumstances as determined in our sole discretion, subscribers or account holders who we determine are repeat infringers. If any provision of these Terms of Service shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions. If you believe your copyright has been violated by material uploaded by a user of TOTALCOACH, you can email TOTALCOACH Support at firstname.lastname@example.org.
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING (BUT NOT LIMITED TO) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. IN PARTICULAR (BUT WITHOUT LIMITATION), TOTALCOACH DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TOTALCOACH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THE SITE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT TOTALCOACH) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND ALL SITE-RELATED SERVICES. IN PARTICULAR (BUT WITHOUT LIMITATION), TOTALCOACH IS NOT RESPONSIBLE FOR THE CONTENT OF ANY SITES THAT MAY BE LINKED TO THIS SITE. THE LINKED SITES ARE FOR YOUR CONVENIENCE ONLY, AND YOU ACCESS THEM AT YOUR OWN RISK.
TOTALCOACH is not responsible for typographical errors or omissions relating to pricing, text or photography. We cannot and do not represent or warrant that the site or its server(s) are free of viruses or other harmful components, including content that is posted by third parties. You should use industry-recognized software to detect and disinfect viruses from any download.
You are solely responsible for your activities on our Service, including all content that you submit or a third party submits on your behalf or using your account. You agree to indemnify TOTALCOACH and its shareholders, directors, officers, employees, agents, successors and assigns against any and all third party claims, actions, demands, suits and all related losses, liabilities, damages, penalties, costs and expenses (including, but not limited to, reasonable attorneys' fees) incurred by an indemnified party arising out of or related to: (a) any violation of law or regulation from your use of the Service, (b) any actual or alleged breach by you of any obligations, representations, warranties under these Terms of Service, including violations of our Conduct Policy; and (c) any actual or alleged infringement or misappropriation of the intellectual property rights of any third party by all User Content that you submit or a third party submits on your behalf or using your account.
Limitation of liability
TOTALCOACH, its affiliates and sponsors, are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages arising out of or relating in any way to the Site, Site-related services and/or content, or information contained within the Site. Your sole remedy for dissatisfaction with the Site and/or Site-related services is to stop using the Site and/or those services.
The information and opinions expressed on user Web pages, or in bulletin boards, chat rooms, or other forums conducted on the site are not those of TOTALCOACH or its affiliated or related entities or content providers. TOTALCOACH merely provides the Internet Services by which third parties are able to post information to certain totalcoach.net Site areas. While TOTALCOACH may remove any such content provided by third parties for any reason whatsoever, TOTALCOACH does not undertake to review or monitor such discussions or Web page content. TOTALCOACH makes no representations or warranties regarding that information or those opinions. Neither TOTALCOACH nor its affiliated or related entities or its content providers are responsible or liable to any person or entity whatsoever, including (without limitation) persons who may use or rely on such data or materials, or to whom such data or materials may be furnished, for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of nay kind or character whatsoever based upon or resulting from any information or opinions provided at the site.
TOTALCOACH is not responsible for any material posted on our forums, or elsewhere. You shall not submit or otherwise publish through such forums, or elsewhere, any content that: (a) libels, defames, invades privacy, or is obscene, pornographic, abusive, or threatening; (b) infringes any intellectual property or other right of any entity or person, including (but not limited to) violating anyone's copyrights or trademarks; (c) violates any law; (d) advocates illegal activity; or (e) advertises or otherwise solicits funds or is a solicitation for goods or services. You agree to indemnify TOTALCOACH and its officers, directors, employees, agents, distributors and affiliates from and against any and all third-party claims, demands, liabilities, costs or expenses, including reasonable attorney's fees, resulting from your breach of any of the foregoing agreements, representations and warranties.
We retain the right, at our sole discretion, to implement limits to the nature or size of storage available to you, the number of transmissions and email messages, the nature or size of any index or library information, the nature of, or your continued ability to access or distribute, your Content and other data, and impose other limitations at any time, with or without notice. You acknowledge that a variety of TOTALCOACH actions may impair or prevent you from accessing your Content or using the Service at certain times and/or in the same way, for limited periods or permanently, and agree that TOTALCOACH has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any Content.
TOTALCOACH may from time to time engage certain affiliates or other third parties to provide all or part of the Service to you, and you hereby acknowledge and agree that such third party involvement is acceptable. Further, you acknowledge that in using the Service to send electronic communications (including but not limited to email and uploading Content, and other Internet activities), you will be causing communications to be sent through computer networks owned by TOTALCOACH and third parties that are located in California and other locations in the United States and other countries and that, as a result, your use of the Service will likely result in interstate data transmissions. You understand that TOTALCOACH, in performing the required technical steps to provide the Service to our users, may make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media.
TOTALCOACH may from time to time include as part of the Service computer software supplied by third parties, including (but not limited to) this Third Party Software, which is utilized by permission of the respective licensors and/or copyright holders on the terms provided by such parties. TOTALCOACH expressly disclaims any warranty or other assurance to you regarding such third party software.
We reserve the right at any time and at our sole discretion to modify or discontinue, temporarily or permanently, the Service or any part thereof (including Software), with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of the Service. In connection with any modification of the Service, TOTALCOACH may automatically download and install software updates from time to time with the intention of improving, enhancing, repairing and/or further developing the Service, and you agree to permit TOTALCOACH to deliver these to you (and you to receive them) as part of your use of the Service.
The Service may be supported by advertising revenue and may display advertisements and promotions on or in connection with the Service, and may be targeted to Content subject matter. You hereby agree that TOTALCOACH may present advertising in connection with the Service in consideration for the rights granted you to access and use the Service. Any decision to utilize advertising, and the manner, mode, extent and terms of any advertising, presented with the Service, are subject to change. We shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such practices or changes or as the result of the presence of such advertisers on the Service, including, without limitation, any change in the cost of obtaining any Service. Furthermore, your interactions with advertisers found on or through the Service, including, without limitation, all reliance upon advertising, all commercial transactions and legal obligations associated therewith, are solely between you and such advertisers.
We may include the use of third party resources and/or links to third party websites as part of the Service. We have no control over such sites and resources and, accordingly, you acknowledge and agree that (a) we are not responsible for the availability of such external sites or resources; (b) we do not endorse and are not responsible or liable for any content or other materials available from such sites or resources and (c) we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content or materials available on or through any such site or resource.
You agree to indemnify and hold TOTALCOACH, its subsidiaries, affiliates, officers, agents, employees, advertisers and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including legal and other professional fees) arising from or in any way related to any third party claims relating to your use of any of the Service, any violation of these Terms of Service or any other actions connected with your use of the Service (including all actions taken under your account). In the event of such claim, we will provide notice of the claim, suit or action to the contact information we have for the account, provided that any failure to deliver such notice to you shall not eliminate or reduce your indemnification obligation hereunder.
Statements, notices and other communications to Member may be made by mail, email, postings within Member's account or other reasonable means. TOTALCOACH may also provide notices of changes to the Agreement or other matters by displaying notices or links to notices generally on the TOTALCOACH Web Site. Member should refer to the Member Support page of the TOTALCOACH Web Site for information on how to contact and/or provide notice to TOTALCOACH.
Arbitration / Jurisdiction
Member agrees that any dispute or claim arising out of or related to the Service or this Agreement, or the interpretation, making, performance, breach or termination thereof, shall be finally settled by binding arbitration in San Diego County, California under the American Arbitration Association Rules by one arbitrator appointed in accordance with said Rules. The proceedings shall be conducted and all evidence shall be offered in the English language. Member agrees that any claim against TOTALCOACH must be filed within one (1) year of the time such claim arose, regardless of any law to the contrary, otherwise such claim will be barred forever.
Notwithstanding the above, TOTALCOACH may apply to any court of competent jurisdiction (i) for a temporary restraining order, preliminary injunction or other interim or conservatory relief as necessary, including without limitation for breach of Section 13 (TOTALCOACH Proprietary Rights/Software License) or (ii) to collect fees due and owing from Member pursuant to this Agreement, without breach of this arbitration agreement and without any abridgment of the powers of the arbitrator.
This Agreement shall be governed in all respects by the laws of the State of California, U.S.A. Such law shall be applied by the arbitrator to the merits of any dispute or claim. For any non-arbitral action or proceeding arising out of or related to the Service or this Agreement, both parties submit to sole and exclusive jurisdiction and venue in the courts located in San Diego County, California and further agree that any such action or proceeding shall be brought in a court in San Diego County, California.
A printed version of this Agreement shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. TOTALCOACH's failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. Member shall not assign this Agreement or any rights or obligations hereunder, by operation of law or otherwise, without prior written approval of TOTALCOACH, and any such attempted assignment shall be void. TOTALCOACH shall have the right to freely assign this Agreement, and its rights and obligations hereunder, to any third party without requiring the consent or notice of Member. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefits of the parties hereto, their successors and permitted assigns. This Agreement sets forth the entire understanding and agreement between TOTALCOACH and Member with respect to the subject matter hereof. The section and subsection titles in the Agreement are for convenience only and have no legal or contractual effect. Each party is an independent contractor and not an agent or representative of any other party. No party shall have any right or authority to create any obligation or make any representation or warranty in the name or on behalf of any other party. This Agreement shall not be interpreted or construed to create an association, joint venture or partnership between the parties or to impose any partnership obligation or liability upon any party. The parties acknowledge and agree that this Agreement may be entered into electronically, and without the necessity of written signatures.
The services hereunder are offered by The TOTALCOACH, LLC, located at 6951 Almaden Expressway, # 151, San Jose, CA 95120
Information of California residents
Under California Civil Code Section 1789.3, California Members are entitled to the following specific consumer rights information: Pricing Information - Current rates for using the Service may be obtained by going to the pricing schedule on the TOTALCOACH Web Site TOTALCOACH reserves the right to change any fees, surcharges, and/or monthly Member fees or to institute new fees at any time.
Complaints - The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.
Please report any violations of this Agreement to email@example.com.
MEMBER ACKNOWLEDGES THAT MEMBER HAS READ THIS AGREEMENT AND ALL RELATED SITE SCREENS REFERENCED AND INCORPORATED IN THIS AGREEMENT AND THAT MEMBER AGREES TO ALL ITS TERMS AND CONDITIONS. MEMBER HAS INDEPENDENTLY EVALUATED ALL ASPECTS OF THIS AGREEMENT AND THE DESIRABILITY OF ENTERING INTO THE TRANSACTIONS CONTEMPLATED IN THIS AGREEMENT AND IS NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT.
6950 Almaden Expressway, #151
San Jose, CA 95120