PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES.
Last updated: May 6, 2014
THE SITE AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH COACHES (AS DEFINED BELOW) MAY CREATE LISTINGS OF SERVICES (AS DEFINED BELOW) FOR ENGAGEMENTS (AS DEFINED BELOW) AND CLIENTS (AS DEFINED BELOW) MAY LEARN ABOUT AND BOOK ENGAGEMENTS. YOU UNDERSTAND AND AGREE THAT COACHMARKET IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN COACHES AND CLIENTS, NOR IS COACHMARKET AN AGENT OR INSURER. COACHMARKET HAS NO CONTROL OVER THE CONDUCT OF COACHES, CLIENTS AND OTHER USERS OF THE SITE AND SERVICES, OR THE QUALITY, LEGALITY, SUITABILITY OR ANY OTHER ASPECT OF THE SERVICES OR THE ENGAGEMENTS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD. ACCORDINGLY, ANY ENGAGEMENTS WILL BE MADE AT THE COACHES’ AND CLIENTS’ OWN RISK.
“Collective Content” means Coach Content and CoachMarket Content.
“Content” means text, graphics, images, music, software, audio, video, information or other materials.
“Engagement” means a consultation, coaching session, training program or other listed Service between a Coach and a Client.
“Listing” means an Engagement that is listed on the Site by a Coach as being available for sale via the Site.
“Client” means a person who completes CoachMarket’s account registration process, as described in the section below entitled “CoachMarket Accounts”.
“Coach” means a person who maintains a profile and posts Listings on the Site, or otherwise agrees to perform the services listed above.
“Coach Content” means all Content that a Coach posts, uploads, publishes, submits or transmits to be made available through the Site.
“Services” is defined above.
“Site” is defined above.
“Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes.
“Terms” is defined above.
“CoachMarket” is defined above.
“CoachMarket Account” is defined below in the section entitled “CoachMarket Accounts”.
“CoachMarket Content” means all Content that CoachMarket makes available through the Site, including any Content licensed from a third party, but excluding Coach Content.
The Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services, you represent and warrant that you are 18 or older.
In order to access some features of the Site and the Services, and to book Engagements, you will have to create a unique account on the Site (a “CoachMarket Account”) and become a Client. You may never use another person's CoachMarket Account without such person’s express permission. When creating your CoachMarket Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your CoachMarket Account, and you must keep your CoachMarket Account password secure. You must notify CoachMarket immediately of any breach of security or unauthorized use of your CoachMarket Account. Although CoachMarket will not be liable for any losses or damages caused by any unauthorized use of your CoachMarket Account, you may be liable for the losses of CoachMarket or others due to such unauthorized use.
Consultations and Financial Terms for Clients
The Coaches, and not CoachMarket, are solely responsible for honoring any confirmed Engagements and completing any Engagements reserved through the Site. If you, as a Client, choose to enter into any bilateral agreement between yourself and a Coach that expands or otherwise modifies the scope or any other aspect of any Engagements, you acknowledge and agree that you, and not CoachMarket, will be responsible for performing the obligations of any such agreements, and CoachMarket is not a party to such agreements and disclaims all liability arising from or related to any such agreements. If a requested Engagement is cancelled (i.e. not confirmed by the applicable Coach), any amounts collected by CoachMarket will be refunded to such Client, and any pre-authorization of such Client’s credit card will be released, as applicable.
In order to establish an Engagement pending the applicable Coach's confirmation of your requested Consultation, you understand and agree that CoachMarket shall have the right, in its sole discretion, to obtain a pre-authorization via your credit card for the full price of the Engagement. Once CoachMarket receives confirmation of your Engagement from the applicable Coach, CoachMarket will collect the total price of the Consultation in accordance with the pricing terms set forth in the applicable Listing. Please note that CoachMarket cannot control any fees that may be charged to a Client by his or her bank related to CoachMarket’s collection of payment, and CoachMarket disclaims all liability in this regard.
Code of Conduct
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site or any of the Services. In connection with your use of our Site and Services, you may not and you agree that you will not:
- violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
- use the Site or Services for any commercial or other purposes that are not expressly permitted by these Terms;
- copy, store or otherwise access any information contained on the Site, or within any Content appearing therein, for purposes not expressly permitted by these Terms;
- use our Site to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
- stalk" or harass any other user of our Site or Services, or collect or store any personally identifiable information about any other user other than for purposes of transacting as a CoachMarket Coach or Client;
- impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity.
Copyrights and Ownership
The Site, Services, and Collective Content are the property of CoachMarket or its Content providers, and are protected by all applicable copyright, trademark and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Services and Collective Content, including all associated intellectual property rights, is the exclusive property of CoachMarket and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services, or Collective Content. Subject to your compliance with the terms and conditions of these Terms, CoachMarket grants you a limited, non-exclusive, non-transferable license, to (i) access and view any CoachMarket Content solely for your personal and non-commercial purposes and (ii) access and view any Coach Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by CoachMarket or its licensors, except for the licenses and rights expressly granted in these Terms.
All trademarks, service marks, logos, trade names and any other proprietary designations of CoachMarket used herein are trademarks or registered trademarks of CoachMarket. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Termination and CoachMarket Account Cancellation
We may, in our sole and absolute discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Site and Services, and (b) deactivate or cancel your CoachMarket Account. Upon termination CoachMarket will promptly pay you any amounts that CoachMarket is legally obligated to pay you. In the event CoachMarket terminates these Terms, or your access to our Site and Services, or deactivates or cancels your CoachMarket Account, you will remain liable for all amounts due in connection with any Engagements or other Services you have purchased. You may cancel your CoachMarket Account at any time by sending an email to [info@CoachMarket.me]. Please note that if your CoachMarket Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, including, but not limited to, any reviews or other feedback.
IF YOU CHOOSE TO USE THE SITE AND/OR THE SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT COACHMARKET DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY COACH OR CLIENT, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. COACHMARKET, TOGETHER WITH ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES, PROVIDE THE SITE, SERVICES AND COLLECTIVE CONTENT “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, COACHMARKET, ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NEITHER COACHMARKET, NOR ANY OF ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES, MAKES ANY WARRANTY THAT THE SITE, SERVICES, OR COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY ENGAGEMENTS INCLUDED THEREIN, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. FURTHERMORE, NEITHER COACHMARKET, NOR ANY OF ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES, MAKES ANY WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, ENGAGEMENTS OR ANY OTHER SERVICES OR COLLECTIVE CONTENT, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE OR SERVICES. NEITHER COACHMARKET, NOR ANY OF ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES, ASSUMES ANY LIABILITY OR RESPONSIBILITY FOR ANY (I) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (II) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (III) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE OR DURING THE COURSE OF YOUR USE OF THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COACHMARKET, ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES, OR THROUGH THE SITE OR COLLECTIVE CONTENT WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES, AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY COACHES OR CLIENTS. YOU UNDERSTAND THAT COACHMARKET DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES OR TO EVALUATE THE QUALITY OF ANY ENGAGEMENTS PRIOR TO THE TIME OF SALE. COACHMARKET MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, COACHES AND CLIENTS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED OR OTHERWISE FACILITATED BY COACHMARKET.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES AND/OR COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY ENGAGEMENTS VIA THE SITE AND SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF COACHMARKET WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER COACHMARKET NOR ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR SERVICES, OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, OR FROM YOUR LISTING OR BOOKING OF ANY ENGAGEMENT VIA THE SITE AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COACHMARKET HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL COACHMARKET’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY ENGAGEMENT VIA THE SITE AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES, OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY SERVICES OR INTERACTIONS WITH ANY OTHER CLIENT OR COACH, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR ENGAGEMENT VIA THE SITE AND SERVICES AS A CLIENT IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A COACH, THE AMOUNTS PAID BY COACHMARKET TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COACHMARKET AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to release, defend, indemnify, and hold CoachMarket and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Services, or Collective Content or your violation of these Terms; (b) your violation of any third party right, including, without limitation, any copyright, property or privacy right; (c) your Content (including, without limitation, any claim that your Content caused damage to a third party); and (d) your (i) interaction with any Coach or Client, (ii) booking of an Engagement, (iii) creation of a Listing or (iv) the consumption of an Engagement by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of an Engagement or consumption of an Engagement.
The Site may contain links to third-party websites or resources. You acknowledge and agree that CoachMarket is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by CoachMarket of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
You and CoachMarket are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms or your use of the Site.
When you visit the Site or send emails to any address on the CoachMarket.me domain, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email (sent to the email address you provide to CoachMarket either during the registration process or when your email address changes) or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. In addition to, but not in limitation of the foregoing, except as explicitly stated otherwise, any notices to CoachMarket shall be given by email to [info@CoachMarket.me]. CoachMarket may alternatively choose to give you notice by certified mail, postage prepaid and return receipt requested, to the mailing address provided to CoachMarket. In the case of notice by certified mail, notice shall be deemed given three (3) days after the date of mailing.
These Terms are governed by the laws of the State of New York without reference to the principles of conflicts of laws thereof. Any dispute or claim relating in any way to your visit to the Site or to products or services sold or distributed by CoachMarket or through the Site will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms as a court would.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by CoachMarket without restriction.