Privacy Policy and Terms of Use | Coach On

Privacy Policy & Terms of Use


Terms of Use


  1. User's Acknowledgment and Acceptance of Terms

    CoachOn, LLC (referred to as "us" or "we") provides the coachon.com website (referred to as this “site”) and various related services (collectively, including any new features and applications, referred to as these "services") subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the "Terms of Use"), as well as any other written agreement between us (or your company). In addition, when using particular services or materials on this site, users shall be subject to any posted guidelines or rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.

    BY COMPLETING THE REGISTRATION PROCESS AND/OR USING OUR SERVICES, YOU AGREE YOU ARE OVER 18 YEARS OLD AND TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING OUR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.

    These Terms of Use are effective as of April 1, 2018. We reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and these Terms of Use periodically and to be aware of any modifications. Your continued use of this site after such modifications will constitute your acknowledgment of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.

    As used in these Terms of Use, references to our "Affiliates" include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this site and/or its contents.

  2. Description of Services

    CoachOn, LLC offers a marketing platform for private sports coaches to connect with potential clients and an easy way for parents and/or athletes to find a private coach. You are solely responsible for providing, at your own expense, all equipment necessary to use the services, including a computer and modem; smart phone; your own Internet access (including payment of telephone service fees associated with such access); and/or your own data access (including payment of data service fees associated with such access).

    We reserve the sole right to either modify or discontinue the site, including any features therein, at any time with or without notice to you. We shall not be liable to you or any third party should we exercise such right. Modifications may include, but are not limited to, changes in product pricing or the addition of fee-based services. Any new features that augment or enhance the then-current services on this site shall also be subject to these Terms of Use.

    You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays, and disruption of other network transmissions are completely beyond our control.

    You understand and agree that the products and services available on this site are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications or personalization settings.

    You understand and agree that CoachOn, LLC is not a party to any transaction users may enter into with other users, including coaches, as a result of using our services. CoachOn, LLC has no control over the quality, fees, or availability of the coaches and their services available through the site. All questions and disputes regarding scheduling services and contracting for coaching services are between users.

    To cancel your account, please contact our Support Team directly at unsubscribe@coachon.com.

  3. Registration Data and Privacy

    Depending on the user, in order to access some of our services we may require a separate application form to be completed in order for a profile to be created, which requests certain information and data ("Registration Data"). By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate. You understand that coach profiles will be made public through our site and accessible by all users of our site.

    You also grant us the right to disclose to third parties certain Registration Data about you. The information we obtain through your use of this site, including your Registration Data, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms of Use.

  4. Coach and Club Profiles

    Coaches and Clubs who wish to market their services on our website may sign up for an account with us. As a coach or member of a club, you may be able to post content on our site, including uploading personal profile photographs and other credentials. You are solely responsible for the content that you post in your profile. By posting Content to any public area of our site, you automatically grant, and you represent and warrant that you have the right to grant, to us, our affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You acknowledge that information posted to your profile constitutes a public area of our site.

    Although we make every effort to check the information provided by a coach, we do not assume any liability for the contents of the profiles including verification of credentials or other qualifications. We generally do not pre-screen, monitor, or edit the content provided by coaches in the profiles and made available through our site.

  5. Coach Background Checks

    BY SUBMITTING AN APPLICATION TO HAVE A COACH PROFILE ON OUR SITE, YOU HEREBY WARRANT THAT YOU ARE 18 YEARS OR OLDER AND AUTHORIZE US TO USE A THIRD-PARTY COMPANY TO CONDUCT A BACKGROUND CHECK AS PART OF THE APPLICATION PROCESS. Information within the past seven years from the background checks will be considered in our determination to publish your profile on our site. Background checks will be performed by Sterling Talent Solutions and will consist of a basic background check package that searches national databases including social security number traces and sex offender databases. You agree to pay a $9.90 USD NON-REFUNDABLE sign-up fee to cover administrative costs with Sterling Talent Solutions whether your profile is published on our site or not. If you do not wish to provide this information, you will not be able to access and use our services.

    We use third-party payment technology, including, but not limited to, Stripe, as a payment method. You understand and agree that such payment methods and services available on this site are provided “AS IS” and that we assume no responsibility for breaches in security, deletion of stored information, or disruptions in network transmissions. By entering your payment information, you are agreeing to the terms of use and privacy policy of the third-party payment technology provider. Your interactions with any third-party payment technology provider are governed by the terms of use and privacy policy of the company providing them.

    Upon submitting an application and paying the required fee, you will be brought to Sterling Talent Solutions’ terms and conditions. You understand and acknowledge that your interactions with Sterling Talent Solutions are governed by their terms and conditions which we have no control over. The background check company, Sterling Talent Solutions, will provide a report to us for review. We will review the report and consider numerous factors including the nature and gravity of the offense or conduct, how much time has passed since the offense or conduct, and the nature of the services you will offer through our site to determine how the offense or conduct relates to your ability to adequately perform the services offered through our site. We reserve the right to reject your application for any reason permitted by law. If your application is rejected based on the contents of the report received, we will send a copy for your review along with contact information for Sterling Talent Solutions. If you dispute content on the report, you may contact us by e-mail with explanations, evidence of the error in the report, or other mitigating information for our review. If you are accepted by our site, your profile will be published on our website. If your application is rejected, you understand that the $9.90 fee will not be refunded to you.

  6. Conduct on site

    Your use of the site is subject to all applicable laws and regulations, including Netiquette, and you are solely responsible for the contents of your communications through the site. By posting testimonials or otherwise using any communications service that may be available to you on or through this site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, software, images, sounds, data, or other information -- that:

    • Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
    • Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
    • Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
    • Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
    • Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
    • Impersonates any person or entity, including any user of our services; and
    • (g) Any other activity that in the sole judgment of CoachOn, LLC, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose CoachOn, LLC or its users to any harm or liability of any type.

    We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the site. We generally do not pre-screen, monitor, or edit the content posted by users of communications or other interactive services that may be available on or through this site. However, we and our agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with these Terms of Use and any other rules of user conduct for our site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content. See "User’s Materials" below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

    In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the site may be available to you or other authorized users of the site. You shall not interfere with anyone else's use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability.

    You agree that we may at any time, and at our sole discretion, terminate your membership without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

  7. Testimonials

    You agree that we may at any time and in our sole discretion, display personal testimonials of users on our site. For more information on how we may use the information in user testimonials, please see our Privacy Policy, which is specifically incorporated by reference into these Terms of Use.

    All testimonials must be based upon actual first-hand experiences with the services you are reviewing and must be accurate, truthful and complete in all respects. Reviews which contain hyperlinks are not permitted and may be removed by our site at any time without notice to you.

  8. Mobile Device and Services

    CoachOn, LLC provides certain services available via mobile device including the ability to browse services and site from a mobile device. You understand and agree that by accessing and using our website on your mobile device you may incur fees from your wireless service carrier and you are solely responsible for the payment of such fees, including use of data. You understand and agree that your carrier's normal rates and fees, such as data charges, will still apply, regardless of whether or not we charge a fee for our services.

  9. Third Party sites and Information

    This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.

  10. Intellectual Property Information

    Copyright © 2018 CoachOn, LLC All Rights Reserved.

    For purposes of these Terms of Use, "content" is defined as any information, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our site. Additionally, any coaches using the site to provide services agree to grant a royalty-free license to use trademarks or service marks on the site in order to provide an accurate description of products and the source thereof.

    By accepting these Terms of Use, you acknowledge and agree that all content presented to you on this site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of CoachOn, LLC and/or its Affiliates. You are only permitted to use the content as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this site. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

    Neither we nor our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties. See "User’s Materials" below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

    The following are registered trademarks, trademarks, or service marks of CoachOn, LLC or its Affiliates. All custom graphics, icons, logos, and service names are registered trademarks, trademarks or service marks of CoachOn, LLC or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of CoachOn, LLC or its Affiliates.

  11. User's Materials

    Subject to our Privacy Policy, any communication or material that you transmit to this site or to us, whether by electronic mail or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain all rights in such communications or material, you grant us and our designated licensees a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.

    Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals; accordingly, we request that you do not submit them to us in any circumstance.

    We respect the intellectual property of others and we ask you to do the same. If you or any user of this site believes its copyright, trademark, or other property rights have been infringed by a posting on this site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:

    • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    • Identification of the copyrighted work claimed to have been infringed;
    • Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
    • Identification of the material that is claimed to be infringing, or to be subject to infringing activity, and that is to be removed and information reasonably sufficient to permit us to locate the materials;
    • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and
    • A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly being infringed.

    Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.

    Designated Agent for Claimed Infringement:
    CoachOn, LLC
    info@coachon.com

    You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

  12. Disclaimer of Warranties

    ALL PRODUCTS, MATERIALS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (a) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (b) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (d) THE QUALITY OF ANY SERVICES, MATERIALS, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS, OR DEFECTS.

    THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

    THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

    Through your use of our Services, you may have opportunities to engage in commercial transactions with other users. You acknowledge that all transactions relating to any services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance, and delivery terms relating to such transactions, are agreed to solely between the provider of such services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THIS SITE. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.

    Content available through this site often represents the opinions and judgments of an information provider, site user, or other person or entity not connected with CoachOn, LLC. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized CoachOn, LLC spokesperson speaking in his/her official capacity.

    Under no circumstances will CoachOn, LLC or its Affiliates be liable for any loss or damages caused by your reliance on information or advice obtained through this site. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinions, advice, or other content available on or through this site.

    SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES; CONSEQUENTLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

  13. Limitation of Liability

    Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms of Use and your use of our Services shall be limited to the amount you paid us for the services on the site during the one (1) month period before the act giving rise to the liability.

    IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.

    You understand that although CoachOn, LLC may run background checks on Coaches available on the site, it is your responsibility to perform your own background checks before engaging a Coach’s service. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS AND AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH USERS OF OUR SERVICES WHETHER ONLINE OR OFFLINE. IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY ACT OR OMISSION OF ANY USER OF OUR SERVICES.

    SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; CONSEQUENTLY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

  14. Indemnification

    Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

  15. Use of site and Storage of Material

    You acknowledge that we may establish general practices and limits concerning use of the services available on our site, including without limitation the maximum number of days that uploaded content will be retained on the site, the maximum disk space that will be allotted or our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the services in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this site, including Registration Data or Profile Information.

  16. Security and Password

    You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made, and acts or omissions that occur through, the use of your password and account, including any mail sent and any charges incurred. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone and we reserve the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof.

  17. Export Controls

    Software available on or through this site is subject to United States Export Controls. No software from this site may be downloaded or exported (a) into (or to a resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country which the United States has embargoed goods; or (b) anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country listed above or of any such country listed on any list named above.

  18. International Use

    Although our Services may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing the site from territories where the contents of the site are considered to be illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.

  19. Termination of Use

    You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the site with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive, or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

    Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith. Sections 1, 3, 6, 9-15, 19, and 21-22 of these Terms of Use, as well as your liability for any unpaid fees, shall survive any termination.

  20. Mediation

    We may elect to resolve any controversy or claim arising out of or relating to these Terms of Use or the site, by mediation. The mediator shall be chosen by CoachOn, LLC and all mediation proceedings shall take place in Houston, Texas. In the event a dispute is not resolved via mediation, all suits should be filed in accordance with Section 21, below.

  21. Governing Law

    This site (excluding any linked sites) is controlled by us from our offices within the State of Texas, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Texas, by accessing this site, both of us agree that the statutes and laws of the State of Texas, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the Superior Court of Harris County and the United States District Court for the Southern District of Texas with respect to such matters.

  22. Notices

    All notices to a party shall be in writing and shall be made either via e-mail or conventional mail. Notices to us must be sent to the attention of Customer Service at info@coachon.com, if by e-mail, or at CoachOn, LLC __________________________________________, if by conventional mail. Notices to you may be sent either to the e-mail address supplied for your account or to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance. Such broadcasts shall constitute notice to you.

    Any notices or communication under these Terms of Use will be deemed delivered to the party receiving such communication (a) on the delivery date if delivered personally to the party; (b) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (c) five business days after the mailing date, if sent by US mail, return receipt requested; (d) on the delivery date if transmitted by confirmed facsimile; or (e) on the delivery date if transmitted by confirmed e-mail.

  23. Entire Agreement

    These Terms of Use constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms of Use may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement, or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.

  24. Miscellaneous

    In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorneys' fees. Any cause of action brought by you against us or our Affiliates must be instituted with one (1) year after the cause of action arises or it will be deemed forever waived and barred.

    You may not assign your rights and obligations under these Terms of Use to any third party, and any purported attempt to do so shall be null and void. We may freely assign our rights and obligations under these Terms of Use.

    You agree not to sell, resell, reproduce, duplicate, copy, or use for any commercial purposes any product received or ordered through our site or any portion of this site or use of or access to this site.

    In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

    If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

    Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.

  25. Contact Information

    If you notice that any user is violating these Terms of Use, please contact us at info@coachon.com




Privacy Policy


Effective Date: April 1, 2018

This Privacy Policy discloses the privacy practices for our site and various related services (collectively, including any new features and applications, referred to as these "services"). CoachOn, LLC, the provider of the site (referred to as "us" or "we"), is committed to protecting your privacy online. Please read the information below to learn the following regarding your use of this site.

You acknowledge that this Privacy Policy is part of our site Terms of Use, and by accessing or using our services, you agree to be bound by all of the terms and conditions contained within this Privacy Policy and the Terms of Use. If you do not agree to these terms, please do not access or use this site.

We reserve the right to change this Privacy Policy at any time. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, issuing an e-mail to the e-mail address listed by registered users and posting the revised Policy on this page. You acknowledge and agree that it is your responsibility to maintain a valid e-mail address as a registered user, review this site and this Policy periodically, and to be aware of any modifications. Your continued use of the site after such modifications will constitute your: (a) acknowledgment of the modified Policy; and (b) agreement to abide and be bound by the modified Policy.

  1. Types of Information Collected

    In order to better provide you with our numerous services, we collect two types of information about our users: Personally Identifiable Information and Non-Personally Identifiable Information. Our primary goal in collecting information from you is to provide you with a smooth, efficient, and customized experience while using our services.

    The service is not directed to individuals under the age of 13. In the event that CoachOn, LLC discovers that a child under the age of 13 has provided personally identifiable information to us, we will make efforts to delete the child’s information if required by the Children's Online Privacy Protection Act. Please see the Federal Trade Commission's website for (www.ftc.gov) for more information.

    Notwithstanding the foregoing, pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections are commercially available to assist you in limiting access to material that is harmful to minors. More information on the availability of such software can be found through publicly available sources. You may wish to contact your internet service provider for more information.

    Personally Identifiable Information: This refers to information that lets us know the specifics of who you are. When you engage in certain activities on this site, such as registering for an account, filling out a survey, or sending us feedback, we may ask you to provide certain information about yourself by filling out and submitting an online form. It is completely optional for you to elect to engage in these activities; however, we may ask that you provide us personal information, such as your first and last name, age, gender, date of birth, mailing address (including zip code), e-mail address, telephone numbers, username and password and other personal identifying information. When subscribing to our services, you may be asked to provide a credit card number. Depending upon the activity, some of the information we ask you to provide is identified as mandatory and some as voluntary. If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity.

    Non-Personally Identifiable Information: This refers to information that does not by itself identify a specific individual. We gather certain information about you based upon where you visit on our site in several ways. This information is compiled and analyzed on both a personal and an aggregated basis. This information may include the Web site's Uniform Resource Locator ("URL") that you just came from, which URL you next go to, what browser you are using, and your Internet Protocol ("IP") address. A URL is the global address of documents and other resources on the World Wide Web. An IP address is an identifier for a computer or device on a Transmission Control Protocol/Internet Protocol ("TCP/IP") network, such as the World Wide Web. Networks like the Web use the TCP/IP protocol to route information based on the IP address of the destination. In other words, an IP address is a number that is automatically assigned to your computer whenever you are surfing the web, allowing web servers to locate and identify your computer. Computers require IP addresses in order for users to communicate on the Internet.

  2. Collection Methods and Use of Information

    We do not collect any Personally Identifiable Information about you unless you voluntarily provide it to us. You provide certain Personally Identifiable Information to us when you (a) register for our services and register your e-mail address with us; (b) create and maintain a profile on our platform as a coach; (c) submit testimonials or transmit other information by telephone or letter; or (d) submit your credit card or other payment information when subscribing to our services. We may also collect information from you at other points on our site that state that such information is being collected.

    In addition, we may also collect, or our third party ad server and/or content server may collect, certain Non-Personally Identifiable Information. This information is ultimately stored in the form of store categories, and, in some cases, specific URLs. We use your IP address to diagnose problems with our servers, software, to administer our site and to gather demographic information. Our third party ad servers will also provide us with summary, but not individual, reports that will tell us how many ads were presented and clicked upon at our site.

    We will primarily use your Personally Identifiable Information to provide our services to you, as required by our agreements with you. We will also use Personally Identifiable Information to enhance the operation of our services, improve our marketing and promotional efforts, statistically analyze use of our services, improve our product and service offerings, and customize our service’s content and layout. We may use Personally Identifiable Information to deliver information to you and to contact you regarding administrative notices. We may also use Personally Identifiable Information to resolve disputes, troubleshoot problems, and enforce our agreements with you, including our Terms of Use, and this Privacy Policy.

  3. Release of Information

    We do not sell, trade, or rent your Personally Identifiable Information to others. We do provide some of our services through contractual arrangements with affiliates, services providers, partners, and other third parties. We and our service partners use your Personally Identifiable Information to operate our sites and to deliver our services. For example, we must release your credit card information to the card-issuing bank to confirm payment for subscription services. You acknowledge that the use of your Personally Identifiable Information by our service partners is governed by the privacy policies of those service partners, and is not subject to our control.

    Occasionally we may be required by law enforcement or judicial authorities to provide Personally Identifiable Information to the appropriate governmental authorities. We will disclose Personally Identifiable Information upon receipt of a court order, subpoena, or to cooperate with a law enforcement investigation. We fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful.

    We may also provide Non-Personally Identifiable Information about our customers' sales, traffic patterns, and related site information to third party advertisers, but these statistics do not include any Personally Identifiable Information.

  4. Updating and Correcting Information

    We believe you should have the ability to edit the Personally Identifiable Information that you have provided to us. You may change any of your Personally Identifiable Information and privacy preferences in your account at any time by e-mailing us at info@coachon.com. Please include your name, address, and/or e-mail address when you contact us.

    We encourage you to promptly update your Personally Identifiable Information if it changes. You may ask to have the information on your account deleted or removed; however, because we keep track of past transactions, you cannot delete information associated with past transactions on this site. In addition, it may be impossible to completely delete your information without some residual information due to backups.

  5. User Choices on Collection and Use of Information

    We may, from time to time, send you e-mail regarding our products and services that we feel may be of interest to you. Only CoachOn, LLC (or agents working on behalf of CoachOn, LLC and under confidentiality agreements) will send you these e-mails. If you do not want to receive such e-mails, simply tell us when you give us your personal information, or you can easily edit your account information at any time to no longer receive such informational e-mails and offers.

    You also have choices with respect to cookies, as described below. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject all cookies some parts of our site may not work properly in your case.

  6. Mobile Services

    If you access any of our services through a mobile device or mobile browser, you may manage how your Personally Identifiable Information is shared with CoachOn, LLC. You may adjust the settings on your mobile device to allow or prevent the sharing of location information and to manage how your mobile device or mobile browser handles cookies or other related technologies.

  7. Security of Information

    At our site you can be assured that your Personally Identifiable Information is secure, consistent with current industry standards. The importance of security for all Personally Identifiable Information associated with our user is of utmost concern to us. Your Personally Identifiable Information is protected in several ways. Access by you to your Personally Identifiable Information is available through a password and unique customer ID selected by you. This password is encrypted. We recommend that you do not divulge your password to anyone. In addition, your Personally Identifiable Information resides on a secure server that only selected CoachOn, LLC personnel and contractors have access to via password. We encrypt your Personally Identifiable Information and thereby prevent unauthorized parties from viewing such information when it is transmitted to us.

    Personal information that you provide that is not Personally Identifiable Information also resides on a secure server and is only accessible via password. Since this information is not accessible from outside CoachOn, LLC you will not be asked to select a password in order to view or modify such information.

    In order to most efficiently serve you, credit card transactions are handled by established third party banking institutions. They receive the information needed to verify and authorize your credit card or other payment information.

    Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your Personally Identifiable Information, you acknowledge that: (a) there are security and privacy limitations of the Internet which are beyond our control; (b) the security, integrity and privacy of any and all information and data exchanged between you and us through this site cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third party.

  8. Cookies

    When you use our site we will store cookies on your computer in order to facilitate and customize your use of our site. A cookie is a small data text file, which a Web site stores on your computer's hard drive (if your Web browser permits) that can later be retrieved to identify you to us. Our cookies store randomly assigned user identification numbers, the country where you are located, and your first name to welcome you back to our site. The cookies make your use of the site easier, make the site run more smoothly, and help us to maintain a secure site. You are always free to decline our cookies if your browser permits, but some parts of our site may not work properly in that case.

  9. Google Analytics

    Google Analytics is a program used to track visitors to this site and it primarily helps measure how users interact with the site content. Google Analytics stores information about what pages you visit, how long you are on the site, how you got here and what links you click on. This analytics data is collected via a JavaScript tag in the pages of this site and is not tied in any way to any Personally Identifiable Information.

    The information generated about your use of the site including your IP address is transmitted to Google. The information is then used to evaluate visitor interactions with this site and to compile reports on website traffic activity for our site. Neither CoachOn, LLC nor Google will ever link or seek to link Personally Identifiable Information provided by you to the site to the data collected by Google Analytics.

    If you would like to opt out of Google Analytics, Google has developed a tool that works with major internet browsers to permit you to opt-out. For more information and to install their opt-out tool, please click here: https://tools.google.com/dlpage/gaoptout.

  10. Privacy Policies of Third Party sites

    Except as otherwise discussed in this Privacy Policy, this document only addresses the use and disclosure of information we collect from you. Other sites accessible through our site have their own privacy policies and data collection, use and disclosure practices. Please consult each site's privacy policy. We are not responsible for the policies or practices of third parties. Additionally, other companies which place advertising on our site may collect information about you when you view or click on their advertising through the use of cookies. We cannot control this collection of information. You should contact these advertisers directly if you have any questions about their use of the information that they collect.

  11. California Users: Your Privacy Rights

    Pursuant to California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice describing the types of personal information that we share with third parties or affiliates for those third parties or affiliates' marketing or any other purposes. That notice will identify the types of personal information shared with third parties and used for marketing and any other purposes and the name and address of the third parties that received such personal information. If you are a California resident and want a copy of this notice, please submit a written request to the following address: CoachOn, LLC, 9900 Spectrum Dr. Austin, TX, 78717. In your request, please specify that you want a "Your CoachOn, LLC’s California Privacy Rights Notice." Please allow up to thirty (30) days for a response.

    As stated below in Section 12, we DO NOT respond to Do Not Track signals.

    If you are a minor under 18 and have an account on our site you may ask us to remove reviews or other content that you posted on the site by writing to CoachOn, LLC, 9900 Spectrum Dr. Austin, TX, 78717. We will begin to process your request within thirty (30) days. Please note that we cannot ensure a complete or comprehensive removal of all of the content that you posted.

  12. Miscellaneous Privacy Issues

    You must be at least 18 years old to have our permission to use this site. Our policy is that we do not knowingly collect, use or disclose Personally Identifiable Information about visitors that are under 18 years of age.

    We DO NOT respond to Do Not Track signals.

    You should also be aware that when Personally Identifiable Information is voluntarily disclosed (i.e. your name, e-mail address, etc.) in any public areas on this site, that information, along with any information disclosed in your communication, can be collected and used by third parties and may result in unsolicited messages from third parties. Such activities are beyond our control and this Policy does not apply to such information. Any submissions to public areas on this site are accepted with the understanding that they are accessible to all third parties. The information found in Coach and Club Profiles constitutes a public area on this site. If you do not want your comments or information to be viewed by third parties, you are advised not to make any submissions and to remove information from your Profile. Ultimately, you are solely responsible for maintaining the secrecy of your password and/or account information. Please be careful and responsible whenever you're online.

If you have any questions about this Privacy Policy, please contact us by e-mail at info@coachon.com.