Introduction
These terms and conditions govern your use of this
website; by using this website, you accept these terms and conditions in
full. If you disagree with these terms and conditions or any part of
these terms and conditions, you must not use this website.
You must be at least 13 years of age to use this
website. By using this website and by agreeing to these terms and
conditions you warrant and represent that you are at least 13 years
of age.
License to use website
Unless otherwise stated, Positive Coaching Alliance and/or its licensors own
the intellectual property rights in the website and material on the
website. Subject to the license below, all these intellectual property
rights are reserved.
You may view, download for caching purposes only, and
print pages from the website for your own personal
use, subject to the restrictions set out below and elsewhere in these
terms and conditions.
You must not:
- republish material from this website (including republication on another website);
- sell, rent or sub-license material from the website;
- show any material from the website in public;
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
- edit or otherwise modify any material on the website; or
- redistribute material from this website except for content specifically and expressly made available for redistribution
Where content is specifically made available for redistribution, it may only be redistributed within your organization.
Acceptable use
You must not use this website in any way that causes, or
may cause, damage to the website or impairment of the availability or
accessibility of the website; or in any way which is unlawful, illegal,
fraudulent or harmful, or in connection with any unlawful, illegal,
fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host,
transmit, send, use, publish or distribute any material which consists
of (or is linked to) any spyware, computer virus, Trojan horse, worm,
keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data
collection activities (including without limitation scraping, data
mining, data extraction and data harvesting) on or in relation to this
website without Positive Coaching Alliance's express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without Positive Coaching Alliance's express written consent.
Restricted Access
Access to certain areas of this website is restricted.
Positive Coaching Alliance reserves the right to restrict access to other areas of this
website, or indeed this entire website, at Positive Coaching Alliance's discretion.
If Positive Coaching Alliance provides you with a user ID and password to
enable you to access restricted areas of this website or other content
or services, you must ensure that the user ID and password are kept
confidential.
Positive Coaching Alliance may disable your user ID and password in Positive Coaching Alliance's sole discretion without notice or explanation.
User Content
In these terms and conditions, “your user content” means
material (including without limitation text, images, audio material,
video material and audio-visual material) that you submit to this
website, for whatever purpose.
You grant to Positive Coaching Alliance a worldwide, irrevocable,
non-exclusive, royalty-free license to use, reproduce, adapt, publish,
translate and distribute your user content in any existing or future
media. You also grant to Positive Coaching Alliance the right to sub-license these rights,
and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must
not infringe any third party's legal rights, and must not be capable of
giving rise to legal action whether against you or Positive Coaching Alliance or a third
party (in each case under any applicable law).
You must not submit any user content to the website that
is or has ever been the subject of any threatened or actual legal
proceedings or other similar complaint.
Positive Coaching Alliance reserves the right to edit or remove any material
submitted to this website, or stored on Positive Coaching Alliance's servers, or hosted or
published upon this website.
Notwithstanding Positive Coaching Alliance's rights under these terms and
conditions in relation to user content, Positive Coaching Alliance does not undertake to
monitor the submission of such content to, or the publication of such
content on, this website.
No Warranties
This website is provided “as is” without any
representations or warranties, express or implied. Positive Coaching Alliance makes no
representations or warranties in relation to this website or the
information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Positive Coaching Alliance does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
Limitations of Liability
Positive Coaching Alliance will not be liable to you (whether under the law
of contact, the law of torts or otherwise) in relation to the contents
of, or use of, or otherwise in connection with, this website:
- to the extent that the website is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income,
profits or anticipated savings, loss of contracts or business
relationships, loss of reputation or goodwill, or loss or corruption of
information or data.
These limitations of liability apply even if Positive Coaching Alliance has been expressly advised of the potential loss.
Exceptions
Nothing in this website disclaimer will exclude or limit
any warranty implied by law that it would be unlawful to exclude or
limit; and nothing in this website disclaimer will exclude or limit
Positive Coaching Alliance's liability in respect of any:
- death or personal injury caused by Positive Coaching Alliance's negligence;
- fraud or fraudulent misrepresentation on the part of Positive Coaching Alliance; or
- matter which it would be illegal or unlawful for
Positive Coaching Alliance to exclude or limit, or to attempt or purport to exclude or
limit, its liability.
Reasonableness
By using this website, you agree that the exclusions and
limitations of liability set out in this website disclaimer are
reasonable.
If you do not think they are reasonable, you must not use this website.
Other parties
You accept that, as a limited liability entity, Positive Coaching Alliance has an interest in limiting the personal liability of its officers and
employees. You agree that you will not bring any claim personally
against Positive Coaching Alliance's officers or employees in respect of any losses you
suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree
that the limitations of warranties and liability set out in this
website disclaimer will protect Positive Coaching Alliance's officers, employees, agents,
subsidiaries, successors, assigns and sub-contractors as well as Positive Coaching Alliance.
Unenforceable provisions
If any provision of this website disclaimer is, or is
found to be, unenforceable under applicable law, that will not affect
the enforceability of the other provisions of this website disclaimer.
Indemnity
You hereby indemnify Positive Coaching Alliance and undertake to keep Positive Coaching Alliance
indemnified against any losses, damages, costs, liabilities and expenses
(including without limitation legal expenses and any amounts paid by
Positive Coaching Alliance to a third party in settlement of a claim or dispute on the
advice of Positive Coaching Alliance's legal advisers) incurred or suffered by Positive Coaching Alliance
arising out of any breach by you of any provision of these terms and
conditions, or arising out of any claim that you have breached any
provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to Positive Coaching Alliance's other rights under these
terms and conditions, if you breach these terms and conditions in any
way, Positive Coaching Alliance may take such action as Positive Coaching Alliance deems appropriate to deal
with the breach, including suspending your access to the website,
prohibiting you from accessing the website, blocking computers using
your IP address from accessing the website, contacting your internet
service provider to request that they block your access to the website
and/or bringing court proceedings against you.
Variation
Positive Coaching Alliance may revise these terms and conditions from
time-to-time. Revised terms and conditions will apply to the use of
this website from the date of the publication of the revised terms and
conditions on this website. Please check this page regularly to ensure
you are familiar with the current version.
Assignment
Positive Coaching Alliance may transfer, sub-contract or otherwise deal with
Positive Coaching Alliance's rights and/or obligations under these terms and conditions
without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
Severability
If a provision of these terms and conditions is
determined by any court or other competent authority to be unlawful
and/or unenforceable, the other provisions will continue in effect. If
any unlawful and/or unenforceable provision would be lawful or
enforceable if part of it were deleted, that part will be deemed to be
deleted, and the rest of the provision will continue in effect.
Entire agreement
These terms and conditions
constitute the entire agreement between you and Positive Coaching Alliance in relation to
your use of this website, and supersede all previous agreements in
respect of your use of this website.
Law and jurisdiction
These Terms of Use shall be governed by and construed in accordance with
the laws of the state of California, U.S.A. without regard to conflict of
laws provisions. If any provision or provisions of these terms shall be
held to be invalid, illegal, unenforceable or in conflict with the law
of any jurisdiction, the validity, legality and enforceability of the
remaining provisions shall not in any way be affected or impaired
thereby, and shall remain in full force and effect.
About these website terms and conditions
We created this website terms and conditions with the help of a free website terms and conditions precedent developed by Contractology and available at www.freenetlaw.com.
Premium legal documents, including distribution contract templates, are available for download from the Contractology website.
Positive Coaching Alliance details
Positive Coaching Alliance registered address is 1001 N. Rengstorff Ave. Suite 100, Mountain View, CA 94043
You can contact Positive Coaching Alliance by email at PCA@PositiveCoach.org