Terms of Use
These Terms of Use (“Terms”) were last updated on Aug 8, 2022. These Terms of Use are a binding contract between you and Globasport, Inc regarding the use of the website, associated services, mobile application, and any content (“the Site, App, and Services”) provided by Globasport, Inc. The terms “we,” “us,” and “My Coach” refers to Globasport Inc., a corporation located in Southern California. Please read these Terms of Use before using or submitting content in any form or medium on the Site, App, and Services. By continuing to visit our Site, or by submitting content on our Site and Services, you agree to abide, and that you are bound, by these Terms of Use. We reserve the right to change these Terms of Use at any time, and you agree (including by virtue of your continued use of our site) to be bound by any such changes. Unless explicitly stated otherwise, any new features or functionality (including, without limitation, video and related projects) that augment or enhance our Site shall be subject to these Terms of Use. My Coach’s mission is to provide players with access to the best training they can get. We enable anyone anywhere to create personalized training workouts (coaches) and to access those personalized workouts to become better players (players). We consider our marketplace model the best way to offer valuable training content and professional expertise to our users. We need rules to keep our platform and services safe for you, us and our players and coaches community. These Terms apply to all your activities on the My Coach website, the My Coach mobile applications and other related services. If you sign up to be a coach on the My Coach platform, you must also agree to the Coach Terms. We also provide details regarding our processing of personal data of our students and instructors in our Privacy Policy.
If you live in the United States or Canada, by agreeing to these Terms, you agree to resolve disputes with My Coach through binding arbitration (with very limited exceptions, not in court), and you waive certain rights to participate in class actions, as detailed in the Dispute Resolution section.
As a condition of use, you agree to all of the following:
1. User Conduct
- You acknowledge that the Site and App are for personal use only. You agree that you will not use the Site or App for any commercial purposes.
- You are responsible for all activity that occurs under your name, profiles, and other online identities.
- You are solely responsible for your conduct and any Content (defined below) that you submit, post, and display on the Site and App, or that you allow others to submit, post and/or display on the Site and App under your name, profiles, and other online identities.
- You must not harass, threaten, impersonate, or intimidate other users.
- You may not misrepresent your identity or affiliation with us or any other person or entity when using any Function or service on the Site and App.
- You must not upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful or racially, ethnically, or otherwise objectionable.
- You must not upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “affiliate links,” or any other form of solicitation.
- You must not transmit any worms or viruses or any code of a destructive or disruptive nature.
- You must not violate any local laws in your jurisdiction (including, but not limited to, intellectual property laws).
- You must not use the Site and App for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws in your jurisdiction regarding online conduct and acceptable content.
- You must not access, “hack,” alter, or otherwise use any part of the Site or App in any manner that you do not have access to or exceeds your authorized access.
- You must not utilize any bugs, robots, or other technological device to access or extract any data or information contained on the Site and App or its servers.
- You agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and grant us all licenses granted herein.
- You agree that you shall be solely responsible for your own content and the consequences of posting it.
- We reserve the right, in its sole and absolute discretion, to reject, refuse to post or remove any posting by you, or to restrict, suspend or terminate your access to all or any part of our Site and App, or any related services at any time, for any or no reason, without prior notice or warning, and without liability.
2. Suspension or Termination of Use
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, our Site and App (or any part thereof) with or without notice. You agree that My Coach shall not be liable to you or any third party for any such modification, suspension or discontinuance of our Site and App. In addition, we reserve the right to terminate your access to our site for any reason, and to take any other actions that My Coach, in its sole discretion, believes to be in the interest of our company and of our users as a whole.
Third Party Content
Some of the content on My Coach’s Site, App and Services is provided by third-party users or affiliates, including Segment.com, Mixpanel, and MongoDb Atlas. My Coach do not hold any legal rights of ownership of copied content (if any) posted by these third parties.
3.1 Notification
If any articles, blogs, comments, images, or other content appear on the Site and App that are in violation of copyright laws, please follow the notification steps outlined below in our Copyright Policy in Section 5.
3.2 We Are Not responsible For and Do Not Necessarily Hold the Opinions Expressed by Our Content Contributors
Opinions and other statements expressed by users and third parties (e.g., bloggers, authors) are theirs alone, and are not the opinions of My Coach, its employees or its affiliates. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed by us. You acknowledge that by providing you with the ability to view and distribute content through our Site and App, My Coach is not undertaking any obligation or liability relating to the content, and you are using the Service at your own risk. My Coach and its affiliates do not undertake or assume any duty to monitor the Site and App for inappropriate or unlawful content. My Coach and its affiliates and employees assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud or misrepresentation, based on either direct, or contributory, vicarious or third party liability, or based on any other legal theory. Notwithstanding the foregoing, My Coach reserves the right to block or remove communications, postings or materials at any time at our sole discretion.
3.3 We are Not Responsible for Linked Sites
We are not responsible for the availability or content of other services that may be linked to our Site and App. Since we have no control over such services, you acknowledge and agree that we are not responsible for the availability of such external services, and that we do not endorse and are not responsible or liable for any content, accuracy, quality, advertising, products, or other materials on or available from such services. You further acknowledge and agree that 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 the use of or reliance on any content, goods or services available on or through such services. Please visit these websites for their Terms of Use and Privacy Policies. My Coach is not responsible for providing their current policies or changes thereof.
3.3 Definition of Intellectual Property Rights
When we refer to “Intellectual Property Rights” in these Terms, we mean all patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress, and service mark rights (and associated goodwill), trade secret rights and all other intellectual property and proprietary rights as may now exist or hereafter come into existence, and all applications for any of these rights and registrations, renewals and extensions of any of these rights, in each case under the laws of any state, country, territory or other jurisdiction.
My Coach’s Content
We Have and Retain All Rights in Our Site and Aggregated Content.
4.1 My Coach Content
Except for Third Party Content, the Service itself, all content and other subject matter included on or within the Service, and all Intellectual Property Rights in or related to the Service or any such content or other subject matter (“Our Content”) are the property of My Coach and its licensors. Except as expressly provided in these Terms, you agree not to use, modify, reproduce, distribute, sell, license or otherwise exploit My Coach Content without our permission.
4.2 My Coach’s License to You
Subject to the terms and conditions of these Terms, we grant you a license to use the Service, including accessing and viewing Our Content, for your personal, noncommercial use to allow you to curate a personal exercise regimen and use for your own personal use. We may terminate this license at any time for any reason or no reason. Except for the rights and licenses expressly granted, we reserve all other rights, and no other rights are granted by implication or otherwise.
5. Copyright Policy
My Coach respects the intellectual property rights of others and expects its users to do the same. It is My Coach’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate access of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
6. Trademark Policy
My Coach respects the trademark rights of others. Accounts with usernames or any other content that misleads others or violates another’s trademark may be updated, transferred or permanently suspended. My Coach, My Coach’s logo, and other My Coach’s logos and names are registered trademarks and are the intellectual property of My Coach. You agree not to display or use this intellectual property in any manner without our prior, written consent. The names and logos of third parties may be their trademarks. You may not infringe on their proprietary rights. All rights are reserved. If you are concerned that someone may be using your trademark in an infringing way on our Site and App you can let us know by completing the form below. My Coach will review your submission and take whatever action, in its sole discretion, it deems appropriate, including temporary or permanent removal of the trademark from our site.
Accounts
You need an account for most activities on our platform. Keep your password somewhere safe, because you’re responsible for all activity associated with your account. You need an account for most activities on our platform, including to purchase and access content or to submit content for publication. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information, including a valid email address. You have complete responsibility for your account and everything that happens on your account, including for any harm or damage (to us or anyone else) caused by someone using your account without your permission. You can terminate your account by going to your profile > edit profile > delete account. Check our Privacy Policy to see what happens when you terminate your account.
8. Payments, Credits, and Refunds
When you make a payment, you agree to use a valid payment method.
8.1 Pricing
The prices of content on My Coach are determined based on the terms of the Coach Terms. In some instances, the price of services offered on the My Coach website may not be exactly the same as the price offered on our mobile applications, due to mobile platform providers’ pricing systems and their policies around implementing sales and promotions. If you are logged into your account, the listed currency you see is based on your location when you created your account. If you are not logged into your account, the price currency is based on the country where you are located. We do not enable users to see pricing in other currencies. If you are a player located in a country where use and sales tax, goods and services tax, or value added tax is applicable to consumer sales, we are responsible for collecting and remitting that tax to the proper tax authorities. Depending on your location, the price you see may include such taxes, or tax may be added at checkout.
8.2 Payments
You agree to pay the fees for services that you purchase, and you authorize us to charge your debit or credit card or process other means of payment for those fees. My Coach works with payment service providers to offer you the most convenient payment methods in your country and to keep your payment information secure. We may update your payment methods using information provided by our payment service providers. Check out our Privacy Policy for more details. We reserve the right to disable access to any content or service for which we have not received adequate payment.
9. Using My Coach at Your Own Risk
Anyone can use My Coach to create and publish content and coaches and we enable coaches and players to interact for coaching and training. Like other platforms where people can post content and interact, some things can go wrong, and you use My Coach at your own risk. When you interact directly with a player or coach, you must be careful about the types of personal information that you share. While we restrict the types of information coaches may request from students, we do not control what players and coaches do with the information they obtain from other users on the platform. You should not share your email or other personal information about you for your safety. We do not hire or employ coaches nor are we responsible or liable for any interactions involved between coaches and players. We are not liable for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to the conduct of coaches or players. When you use our Services, you will find links to other websites that we don’t own or control. We are not responsible for the content or any other aspect of these third-party sites, including their collection of information about you. You should also read their terms and conditions and privacy policies.
10. Subscription Terms
This section covers additional terms that apply to your use of our subscription-based collections as a player. By using a Subscription Plan, you agree to the additional terms in this section.
10.1 Subscription Plans
During your subscription to a coaches service, you get a limited, non-exclusive, non-transferable license from us to access and view the content included in that subscription. The subscription that you purchase or renew determines the scope, features, and price of your access to a service. You may not transfer, assign, or share your subscription with anyone else. We reserve the right to revoke any license to use the content in our services for legal or policy reasons at any time and at our sole discretion, such as if we no longer have the right to offer the content through a service.
10.2 Account Management
You may cancel your subscription by going to your subscriptions and selecting manage on your subscription or by contacting us at [email protected]. If you cancel your subscription to a service, your access to that service will automatically end on the last day of your billing period. On cancellation, you will not be entitled to receive a refund or credit of any fees already paid for your subscription, unless otherwise required by applicable law. Your subscription may start with a free trial. The duration of the free trial period of your subscription will be specified during sign-up. My Coach determines free trial eligibility at our sole discretion and may limit eligibility or duration. We reserve the right to terminate the free trial and suspend your subscription if we determine that you aren’t eligible. We will charge the subscription fee for your next billing cycle at the end of the free trial period. Your subscription will automatically renew according to your subscription settings (e.g., monthly or annually) unless you cancel your subscription prior to the end of the free trial period.
10.3 Payments and Billing
The subscription fee will be listed at the time of your purchase. We may also be required to add taxes to your subscription fee as described in the “Payments and Refunds” section above. Payments are non-refundable and there are no refunds or credits for partially used periods, unless otherwise required by applicable law. To subscribe to a service, you must provide a payment method. By subscribing to a service and providing your billing information during checkout, you grant us and our payment service providers the right to process payment for the then-applicable fees via the payment method we have on record for you. At the end of each subscription term, we will automatically renew your subscription for the same length of term and process your payment method for payment of the then-applicable fees. In the event that we update your payment method using information provided by our payment service providers (as described in the “Payments, Credits, and Refunds” section above), you authorize us to continue to charge the then-applicable fees to your updated payment method. If we are unable to process payment through the payment method we have on file for you, or if you file a chargeback disputing charges made to your payment method and the chargeback is granted, we may suspend or terminate your subscription. We reserve the right to change our services or adjust pricing for our services at our sole discretion. Any price changes or changes to your subscription will take effect following notice to you, except as otherwise required by applicable law.
10.4 Subscription Disclaimers
We make no guarantees as to the availability of any specific content in any service or as to any minimum amount of content in any service. At any point in the future, we reserve the right to offer or cease to offer additional features to any service, or to otherwise modify or terminate a service at our sole discretion. These disclaimers are in addition to those listed in the “Disclaimers” section below.
11. Miscellaneous Legal Terms
11.1 Binding Agreement
You agree that by registering, accessing, or using our services, you are agreeing to enter into a legally binding contract with My Coach. If you do not agree to these Terms, do not register, access, or otherwise use any of our Services. If you are a coach accepting these Terms and using our Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. These Terms (including any agreements and policies linked from these Terms) constitute the entire agreement between you and us (which include, if you are a coach, the Coach Terms).
11.2 Limitation of Liability My Coach Terms
MY COACH’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH MYCOACH OR YOUR USE OF MY COACH’S CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.
My Coach and its affiliates and employees are not liable for incidental, indirect, consequential, special, punitive or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to this Site or App or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in our Site and App (including, without limitation, as a result of breach of any warranty or other term of these Terms of Use).
11.3 Indemnification
You Will Be Responsible for Any Harm We Suffer as a Result of Your Violation of These Terms of Use or Any Breach by You of Your Representations and Warranties.
You agree to indemnify and hold harmless My Coach and its affiliates and employees from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms of Use or any breach by you of your representations and warranties hereunder. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section 8. In such event, you shall provide us with such cooperation as is reasonably requested by us
11.4 Governing Law and Jurisdiction
The Terms of Use will be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.
11.5 Legal Actions and Notices
Any action concerning the Site, App, or Services must be brought within one year after the reason for the action arises, or the claim is barred.
11.6 Relationship Between Us
You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.
11.7 Entire Agreement
The Terms of Use, including the My Coach Privacy Policy, which are hereby incorporated by reference, constitute the entire agreement between you and My Coach and governs your use of the Site, App, and Services, superseding any contemporaneous or prior agreements between you and My Coach.
11.8 Waiver and Severability
The failure of My Coach to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of this Agreement is invalid, illegal, or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Agreement, and without further action by the parties to this Agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
11.9 Notices
My Coach may provide you with notices, including, without limitation, those regarding changes to the Terms of Use and other site-related announcements, by postings on the Site (for example, by posting to the blog, or on the relevant page(s) of the Site affected by such changes) or via email.
11.10 My Coach May be Legally Compelled to Disclose Certain Information
You agree that in the event My Coach receives a subpoena issued by a court or from a law enforcement or government agency, My Coach may have to comply with such subpoenas without your consent or prior notice to you and may need to disclose your IP address, name, IP location or other information in response thereto.
12. Updating These Terms
We reserve the right to modify these Terms of Use and the Privacy Policy at any time, and without prior notice, by posting amended terms to these policies. Non-material changes and clarifications will take effect immediately, and material changes will take effect within fourteen (14) days of their posting on our website. If we make material changes, we will post them in a link at the bottom of our home page and will indicate the Terms of Use effective date as well as email those users and members who have subscribed to our mailing list when this feature is made available. Your continued use of the Site and App beyond thirty (30) days after our notice to you indicates your acceptance of the current Terms of Use. Once you have submitted an email address to our Site, App, or Services, you authorize us to send you notices via email. Please note that it is your obligation to keep your current email address and contact information updated at all times.
13. Disclaimer of Warranty
13.1 Your use of the Site is Subject to Certain Disclaimers
OUR SITE AND APP ARE AVAILABLE “AS IS.” WE DO NOT WARRANT THAT OUR SITE AND APP WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE NEWS, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH OUR SITE AND APP. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITE AND APP OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH OUR SITE AND APP. WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED ON THIS SITE AND APP OR AVAILABLE THROUGH LINKS ON OUR SITE AND APP. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS ON OUR SITE AND APP. ALTHOUGH WE WILL TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS TO OUR SITE AND APP BY IMPLEMENTING APPROPRIATE SECURITY SAFEGUARDS, WE DO NOT GUARANTEE OR WARRANT THAT OUR SITE AND APP OR MATERIALS THAT MAY BE DOWNLOADED FROM OUR SITE AND APP DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON OUR SITE AND APP AND ANY MATERIALS AVAILABLE THROUGH OUR SITE AND APP, YOU DO SO SOLELY AT YOUR OWN RISK. OUR SITE AND APP MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, DATA, OR OTHER INFORMATION CREATED BY US OR BY THIRD PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT ON OUR SITE AND APP ARE OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, INCLUDING DATA, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE. IN ADDITION, WE STRONGLY URGE YOU TO BACK UP ALL OF THE PERSONAL CONTENT THAT YOU MAINTAIN ON THE SITE AND APP.
Except where prohibited by law, My Coach expressly disclaims all warranties, representations and guarantees of any kind, whether oral or written, express, implied, statutory or otherwise, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement to the fullest extent permissible under the law. The Site, App, and Services and all content are provided “as is” and “as available” with all faults basis. Without limiting the foregoing, you understand that, to the maximum extent permitted by applicable law, we make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any of the Site, App and Services or content provided. To the maximum extent permitted by applicable law, we do not warrant that: (i) The Site, App, and Services will meet your requirements; (ii) The operation of the Site, App, and Services will be uninterrupted, virus (or error) free or free from other harmful elements; or (iii) The errors will be corrected. Any oral or written advice provided by our agents or us does not and will not create any warranty. To the maximum extent permitted by applicable law, we also make no representations or warranties of any kind with respect to content; user-generated content (e.g., testimonials), in particular provided by and is solely the responsibility of the athletes or clients providing that content. No advice or information, whether oral or written, obtained from the Site, App and Services will create any warranty not expressly made herein. You therefore expressly acknowledge and agree that use of any of our offered Site, App and Services at is at your sole risk and that the entire risk, as to satisfactory quality, performance, accuracy, and effort is with you. My Coach cares about your safety. You should consult with your healthcare provider(s) and consider the associated risks before using our Site, App, and Services in connection with any physical activity, wellness or fitness program. By using our Site, App, and Services, you agree, represent, and warrant that you have received consent from your physician to participate in wellness and fitness programs, workouts, exercises, or any of the related activities made available to you in connection with the Site, App, and Services we provide. Everyone’s conditions and abilities are different, and participating in the activities promoted by our Site, App, and Services is at your own risk. If you choose to participate in these activities, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such activities. Activities promoted by the Site, App, and Services may pose risks even to those who are currently in good health. You understand and agree that we will not carry out and are not responsible for any physical inspection, supervision, preparation, execution or conduct of any activities related to or accessed or discovered via the Site, App, and Services (e.g., instructional videos, client dashboard activities, or other training and related activities). You expressly agree that your athletic activities carry certain inherent and significant risks of property damage, bodily injury, or death and that you voluntarily assume all known and unknown risks associated with these activities, even if caused in whole or part by the action, inaction, or negligence of My Coach or by the action, inaction, or negligence of others. Except as otherwise set out in these Terms, and to the maximum extent permitted by applicable law, we are not responsible or liable, either directly or indirectly, for any injuries or damages that are sustained from your physical activities or your use of, or inability to use, any of our offered Site, App, and Services, whether paid or free.
13.2 Not Medical Advice
We aim to provide useful general information for our community, not medical advice. The Site, App, and Services are not medical devices, and the recommendations provided by them is not intended to be utilized for medical purposes and is not intended to diagnose, treat, cure, or prevent any disease, ailment, or injury. To the maximum extent permitted by applicable law, you expressly agree that we are not providing medical advice via any of our offered Site, App, and Services, whether paid or free of charge. All content provided through our website, mobile application, or other affiliated links or sites, whether provided by us or third parties, is not intended to be and should not be used in place of (a) the advice of your physician or other professionals, (b) a visit, call, or consultation with your physician or other medical professionals, or (c) information contained on or in any product packaging or label. We are not responsible for any health problems that may result from training programs, consultations, products, or events you learn about through any of our offered Site, App, and Services, whether paid or free of charge. Should you have any health-related questions, please call or see your physician or other healthcare provider. If you have an emergency, call your physician or local emergency services immediately. Your use of or inquiry into any of our offered Site, App, and Services, whether paid or free of charge, does not constitute or create a doctor-patient, therapist-patient or other healthcare professional relationship between My Coach and you.
14. Disclaimer of Consequential damages
IN NO EVENT SHALL GLOBASPORT, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON GLOBASPORT BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, AND STATUTORY DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE GLOBASPORT AND GLOBASPORT CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GLOBASPORT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14.1 My Coach’s Liability for user content and interactions throughout the website or app.
My Coach may take any action with respect to third party content that it deems necessary or appropriate in its sole discretion if it believes that such third party content could create liability for My Coach, damage the My Coach brand or public image, or cause My Coach to lose (in whole or in part) the services of its ISP’s or other suppliers. While My Coach reserves the right in its sole discretion to remove third party content and other material from My Coach from time to time, My Coach does not assume any obligation to do so and disclaims any liability for failing to take any such action. My Coach is not involved in the actual communications between The My Coach users. As a result, My Coach has no control over the accuracy, reliability, completeness, or timeliness of any content submitted by users on My Coach and makes no representations about any such content on My Coach. In addition, you should note that there are risks – including, but not limited to, the risk of physical harm – when dealing with strangers, foreign nationals and/or underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom users come in contact through My Coach. By its very nature, other people’s information may be offensive, harmful or inaccurate, and, in some cases, will be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using the Site, App, and Services. Because user authentication on the Internet is difficult, My Coach cannot and does not confirm that each user is who they claim to be. As third-party websites are used in features on this site, refer to the policies to these third party websites:
If you are a California resident, you agree to waive California Civil Code Section 1542, which says: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” In other words, understand that My Coach will be relieved of all liability arising from unknown or unsuspected claims. Because we do not and cannot be involved in user-to-user dealings or control the behavior of participants on the Site, App and Services, in the event that you have a dispute with one or more users, you release My Coach (and our agents and employees) from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. The Site, App, and Services may contain inaccuracies or typographical errors. My Coach makes no representations about the accuracy, reliability, completeness, or timeliness of any My Coach content. The use of all My Coach content is at your own risk. Changes are periodically made to Site, App, and Services and may be made at any time. You acknowledge and agree that you are solely responsible for the form, content, and accuracy of any resume or material contained therein placed by you on the Site. My Coach cannot guarantee and does not promise any specific results from use of the Site or related applications. No advice or information, whether oral or written, obtained by a user from the Site, App, and Services shall create any warranty not expressly stated herein.
15. How to Contact Us
Please send any questions, comments or report any Terms of Use violations to ([email protected])