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iSK8Coach.com Terms of Use
Last Updated: 24 March, 2008
Welcome to the iSK8Coach.com World Skating Community, a social utility that connects you with the people around you. The ISK8Coach.com service and network (collectively, "ISK8Coach.com" or "the Service") are operated by iSK8Coach.com, LLC. and its corporate affiliates (collectively, "us", "we" or "the Company"). By accessing or using our web site at www.iSK8Coach.com or the mobile version thereof (together the "Site"), you (the "User") signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether or not you are a registered member of iSK8Coach.com. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
iSK8Coach.com is a Venue
The Site is a communications platform for enabling the connection between individuals seeking figure skating services or venues ("Skating Seekers") and/or individuals or companies providing figure skating services or venues ("Skating Providers"). iSK8Coach.com does not take part in the interaction between Skating Seekers and Skating Providers except to collect payments on the behalf of Skating Seekers and Skating Providers for venue services through the Site. Users do hereby represent, understand and expressly agree that iSK8Coach.com does not have control over the quality, timing, legality or any other aspect whatsoever of the services actually delivered by the Skating Providers, nor of the integrity, responsibility or any of the actions whatsoever of the Skating Seekers. iSK8Coach.com makes no representations about the suitability, reliability, timeliness, and accuracy of the services provided by Skating Providers or Skating Seekers through the Site whether in public, private or offline interactions. iSK8Coach.com does not assume any responsibility for the accuracy or reliability of any information provided by Skating Providers or Skating Seekers on this Site. iSK8Coach.com does not assume and expressly disclaims any liability that may result from the use of this information. iSK8Coach.com is not responsible for the conduct, whether online or offline, of any user of the Site or Member of the Service. All users including both Skating Seekers and Skating Providers do hereby expressly agree not to hold iSK8Coach.com (or iSK8Coach.com's officers, directors, investors, subsidiaries, agents, assignees, representatives, advertisers or employees) liable for any instruction, advice or services delivered which originated through the Site and iSK8Coach.com expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom.
Eligibility
Membership in the Service is void where prohibited. This Site is intended solely for users who are thirteen (13) years of age or older. Any registration by, use of or access to the Site by anyone under 13, is unauthorized, unlicensed and in violation of these Terms of Use. By using the Service or the Site, you represent and warrant that you are 13 or older, and that you agree to and to abide by all of the terms and conditions of this Agreement. This Site is not available to anyone who has been convicted of a felony or any criminal offense characterized as a sexual offense. Any misstatements and/or misrepresentations regarding the age, background, felonies, criminal offenses, experience and/or eligibility for employment of any Skating Provider or any other users of this Site are not the responsibility of iSK8Coach.com. iSK8Coach.com does hereby disclaim any liability whatsoever for any misstatements and/or misrepresentations made by any Skating Providers and/or other users of this Site. Users do hereby represent, understand and agree to hold iSK8Coach.com harmless for any misstatements and/or misrepresentations made by any users of this Site. Misstatements and/or misrepresentations are grounds for immediate termination of your use of the Site.
Release
Skating Seekers may seek the services of a Skating Provider through the use of the Site. If there are any issues concerning the service received by the Skating Seeker or payment due to the Skating Provider, Skating Seekers must deal directly with Skating Providers and vice/versa to resolve any disputes. iSK8Coach.com will not be held responsible and expressly disclaims any liability whatsoever for any claims, demands or damages direct or 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. By using this Site, you do hereby represent, understand, and expressly agree to hold iSK8Coach.com harmless for any claim or controversy that may arise from any disputes between you and any other user(s) of the Site. iSK8Coach.com will use its reasonable efforts to monitor Skating Provider and Skating Seeker profiles, actions, comments, and general usage of the Site and suspend privileges to any Skating Seeker or Skating Provider not adhering to the policies of the Site. You agree to take reasonable precautions in all interactions with other users of the Site, particularly if you decide to meet offline or in person. By using this Site, you do hereby agree to report any alleged improprieties of any users therein to iSK8Coach.com immediately by notifying iSK8Coach.com of the same via electronic correspondence at admin@isk8coach.com.
Registration Data; Account Security
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.
Proprietary Rights in Site Content; Limited License
All content on the Site and available through the Service, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of the Company, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms of Use and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
Trademarks
iSK8Coach.com and other Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of Company in the U.S. and/or other countries. Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
User Conduct
You understand that except for advertising programs offered by us on the Site (e.g., iSK8Coach.com banners), the Service and the Site are available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
In addition, you agree not to use the Service or the Site to:
- harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
- use automated scripts to collect information from or otherwise interact with the Service or the Site;
- upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
- upload, post, transmit, share, store or otherwise make available any videos other than those of a personal nature that: (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original art or animation created by you or your friends;
- register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
- upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
- upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- intimidate or harass another;
- upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Service or the Site.
- upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its users to any harm or liability of any type.
Without limiting any of the foregoing, you also agree to abide by our iSK8Coach.com Code of Conduct below that provides further information regarding the authorized conduct of users on iSK8Coach.com.
Prohibited Use
The Site and related services may not be used by any person or organization to recruit, solicit, or contact in any form Skating Seekers or Skating Providers for employment or contracting for a business not affiliated with iSK8Coach.com without express written permission from iSK8Coach.com. Should iSK8Coach.com find that you violated the terms of this paragraph or any terms stated herein, iSK8Coach.com reserves the right, at its sole discretion, to immediately terminate your use of the Site and/or assess a $10,000 daily penalty fee for scraping, either in a manual or automatic manner, Skating Provider or Skating Seeker information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise mis-using or mis-appropriating site content, including but not limited to, use on a "mirrored", competitive, or third party site.
Although iSK8Coach.com cannot monitor the conduct of its users off the Site, it is also a violation of these rules to use any information obtained from the Site or the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. In order to protect our users from such advertising or solicitation, we reserve the right to restrict the number of emails which a user may send to other users in any 24-hour period to a number which we deem appropriate in our sole discretion.
In order to protect the integrity of the Site and the Service, iSK8Coach.com reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Site.
Payment and Refund Policy for Skating Providers
The basic services of iSK8Coach.com are free for Skaters, Parents and Fans of figure skating.
Companies and agencies that sign up as Skating Providers are obligated to pay for the service of the Site, unless specifically notified otherwise. Such Skating Providers agree to pay iSK8Coach.com all charges at the prices then in effect for any use of the Site. In addition, these Skating Providers authorize iSK8Coach.com to charge their chosen payment provider for use of the Site. iSK8Coach.com reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
The subscriptions of companies and agencies that sign up as Skating Providers will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional subscription rate. To change or cancel your subscription at any time, contact admin@isk8coach.com. If you request to cancel your subscription, your subscription will be terminated immediately. Accounts billed that result in a discontinued credit card will be immediately suspended until payment is delivered. Members will be notified if their credit card is denied.
No refunds or credits will be provided for account cancellation requests received after the account has been billed. At iSK8Coach.com's sole discretion, refunds or credits may be granted in extenuating circumstances or to correct any errors made by iSK8Coach.com.
User Content Posted on the Site
You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, "post") on or through the Service or the Site, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on the Site or Service that you did not create or that you do not have permission to post. You understand and agree that the Company may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Company violates this Agreement or the iSK8Coach.com Code of Conduct, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to the Company.
When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content. iSK8Coach.com does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.
Opinions, advice, statements, offers, or other information or content made available on the Site or through the Service, but not directly by iSK8Coach.com, are those of their respective authors. Such authors are solely responsible for such content. iSK8Coach.com does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site or available through the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site or through the Service. Under no circumstances will iSK8Coach.com or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Site or transmitted to or by any user of the Site or Service.
iSK8Coach.com Mobile Services
The Service includes certain services that are available via your mobile phone, including (i) the ability to upload content to ISK8Coach.com via your mobile phone (Mobile Uploads), (ii) the ability to receive and reply to iSK8Coach.com messages, to invite and be invited and to write blog and/or comments using text messaging (Mobile Texts), (iii) the ability to browse iSK8Coach.com from your mobile phone (Mobile Web), and (iv) the ability to access certain iSK8Coach.com features through a mobile application you have downloaded and installed on your mobile phone (Mobile Client) (collectively the "Mobile Services"). We do not charge for these Mobile Services. However, your carrier's normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you regarding iSK8Coach.com and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.
Copyright Complaints
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the iSK8Coach.com website or service any materials that violate another party's intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement as described in our iSK8Coach.com Copyright Policy below, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described herein in accordance with the Digital Millenium Copyright Act. If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to our Designated Agent. Please see our iSK8Coach.com Copyright Policy below for more information on how to report infringement of your copyright.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company's sole discretion, members who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Websites and Content
The Site contains (or you may be sent through the Site or the Service) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
Share Service
Company offers a feature whereby users of the Site can share with others or post to their own member profile, videos, articles and other Third Party Applications, Software or Content from, and/or links to, Third Party Sites through the Service (the "Share Service"). You acknowledge and agree that your use of the Share Services and all links, User Content or Third Party Applications, Software or Content shared through the Share Service is subject to, and will fully comply with the user conduct rules set forth above and the other terms and conditions set forth in these Terms of Use.
Use of Share Links by Online Content Providers
Subject to the terms and conditions of these Terms of Use, Third Party Sites that meet the requirements set forth below may place a Share Link (as described below), in the form approved by Company, on pages of their web sites to facilitate use of the Share Service. A Third Party Site that posts a Share Link on its web site is referred to herein as an "Online Content Provider" and shall abide and be subject to the applicable sections of these Terms of Use. A "Share Link" is a button and/or a text link appearing on an Online Content Provider's web page that, upon being clicked by a user, enables us to launch a sharing mechanism through which users can share with others or post to their own member profile, links and content from that page.
In the event that the Share Link is a button that contains any icons or other graphic images, trademarks or other proprietary materials of the Company, Online Content Provider is granted permission to use such images, trademarks or other materials solely for the purpose of placing the Share Link on Online Content Provider's site and solely in the current form provided by the Company. In the event that the Share Link is a text link, it must include the word "iSK8Coach.com" as part of the link. The rights granted in this paragraph may be revoked by Company at any time with or without cause in its sole discretion, and upon such termination, Online Content Provider agrees to immediately remove all Share Links from its site.
In order for an Online Content Provider to include a Share Link on its pages, the Third Party Site must not contain any web content that if shared or posted by a user would be a violation of the user conduct rules set forth above. Without limiting the forgoing, Online Content Provider agrees not to post a Share Link on any web site that contains, and represents and warrants that such web site does not and will not contain, any content that is infringing, harmful, threatening, unlawful, defamatory, abusive, inflammatory, harassing, vulgar, obscene, lewd, fraudulent, or invasive of privacy or publicity rights or that may expose Company or its users to any harm or liability of any type. Upon including of a Share Link, Online Content Provider agrees to defend, indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with such Share Link, any links, content or other items or materials which may be shared or posted through such Share Link, or any breach or alleged breach of the foregoing representations and warranties.
By including a Share Link, Online Content Provider automatically grants, and represents and warrants that it has the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use the Share Service in order to link to, use, copy, publish, stream, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), summarize, and distribute the content, links and other materials of any kind residing on any web pages on which Online Content Provider places the Share Link.
iSK8Coach.com Member Pages
iSK8Coach.com Member Pages are special profiles used by Coaches, Synchronized Skating Teams, Skating Clubs and Learn-to-Skate Programs solely for commercial purposes as a means of promotion or advertising for the business, or used by Skaters, Parents and Fans strictly in a non-commercial way, depending on the discretion of the iSK8Coach.com Member at the time of registration. You may not set up a iSK8Coach.com Special Page on behalf of another individual or entity unless you are authorized to do so.
ISK8COACH.COM DOES NOT PRE-SCREEN OR APPROVE ISK8COACH.COM MEMBER PAGES, AND CANNOT GUARANTEE THAT A ISK8COACH.COM MEMBER PAGE WAS ACTUALLY CREATED AND IS BEING OPERATED BY THE INDIVIDUAL OR ENTITY THAT IS THE SUBJECT OF A ISK8COACH.COM MEMBER PAGE. NOR IS ISK8COACH.COM RESPONSIBLE FOR THE CONTENT OF ANY ISK8COACH.COM MEMBER PAGE, OR ANY TRANSACTIONS ENTERED INTO OR OTHER ACTIONS TAKEN ON OR IN CONNECTION WITH ANY ISK8COACH.COM MEMBER PAGE, INCLUDING HOW THE OWNER OF THE ISK8COACH.COM MEMBER PAGE COLLECTS, HANDLES, USES AND / OR SHARES ANY PERSONAL INFORMATION IT MAY COLLECT FROM USERS (PLEASE REVIEW THE ISK8COACH.COM PRIVACY POLICY IF YOU HAVE ANY QUESTIONS OR CONCERNS REGARDING THE USE OR SHARING OF YOUR PERSONAL INFORMATION). YOU SHOULD BE CAREFUL BEFORE PROVIDING ANY PERSONAL INFORMATION TO OR ENTERING INTO ANY TRANSACTION IN CONNECTION WITH A ISK8COACH.COM MEMBER PAGE.
In addition to these Terms of Use, iSK8Coach.com Member Pages are subject to and governed by certain Additional Terms Applicable to iSk8Coach.com Member Pages below. The Additional Terms Applicable to iSK8Coach.com Member Pages control in the event of any conflict between them and the Terms of Use.
PLEASE READ THESE ADDITIONAL TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. WHEN YOU CREATE A ISK8COACH.COM MEMBER PAGE, YOU ARE AGREEING TO ABIDE BY THESE ADDITIONAL TERMS AND THE OTHER TERMS SET FORTH IN THE ISK8COACH.COM TERMS OF USE.
Authorization
By creating a iSK8Coach.com Member Page, you represent and warrant that you are authorized to do so by the person or entity that is the subject of the iSK8Coach.com Page, and to accept these Additional Terms and the iSK8Coach.com Terms of Use on such person's or entity's behalf. When you create a iSK8Coach.com Member Page, you must designate one or more administrators who are authorized to operate and edit the iSK8Coach.com Member Page.
iSK8Coach.com does not review iSK8Coach.com Member Pages to determine if they were created by an appropriate party, and is not responsible for any unauthorized iSK8Coach.com Member Pages that may appear on the Site. If there is any dispute as to whether a iSK8Coach.com Member Page has been created or is being maintained by an authorized representative of the individual or entity who is the subject of that iSK8Coach.com Member Page, then iSK8Coach.com shall have sole right, but is not obligated, to resolve such dispute as it determines is appropriate in its sole discretion. Such resolution may include, without limitation, deleting or disabling access to iSK8Coach.com Member Pages or any portion thereof at any time without notice.
Organizations or groups that promote or glorify hatred, violence, intolerance, racism or discrimination may not set up iSK8Coach.com Member Pages. iSK8Coach.com reserves the right to delete or disable access to any such iSK8Coach.com Member Pages.
Content
You are solely responsible for the creation, use and content of your iSK8Coach.com Member Page and the URL you choose to be associated with your iSK8Coach.com Member Page (your "iSK8Coach.com URL"). iSK8Coach.com Member Pages may include commercial content (Commercial Content), and can be used to conduct commercial activities, including but not limited to transactions, advertising, fundraising, contests, or promotions (Commercial Activities). Such Commercial Content and Commercial Activities may not be unlawful, fraudulent, false, or misleading in any manner.
iSK8Coach.com Member Pages may not contain mature, pornographic or risqué content, or any alcohol-related content.
All content contained in iSK8Coach.com Member Pages must, when applicable, continue to comply with iSK8Coach.com’s Terms of Use. iSK8Coach.com reserves the right to delete or disable access to any iSK8Coach.com Member Page or any content that fails to comply with the terms of this section.
Trademark Policy
You represent and warrant that your iSK8Coach.com Member Page, including any content contained therein, and your iSK8Coach.com URL do not infringe in any way upon or violate the trademark or other rights of any third party. Although iSK8Coach.com has no obligation to screen or monitor any iSK8Coach.com Member Page or iSK8Coach.com URL, iSK8Coach.com reserves the right, but is not obligated, to resolve any complaints, disputes, or potential disputes regarding the infringement of any third party trademarks in connection with your iSK8Coach.com Member Page or iSK8Coach.com URL in any manner it deems appropriate in its sole discretion. You agree to abide by and cooperate with the resolution of any such dispute as determined by iSK8Coach.com, which may include, without limitation, deleting, changing or transferring control of a iSK8Coach.com URL or deleting or disabling access to iSK8Coach.com Member Pages or any content contained therein.
Privacy
If you collect or have access to any personal information from users (including without limitation personal information contained in any User profile), you agree to have users expressly authorize such collection or access, and any subsequent use, through an express opt-in process. You agree to use any such personal information only for the express purpose for which such personal information was provided by the user. You further agree not to share such personal information with any third party, except for service providers who are assisting you in carrying out the business you conduct on your iSK8Coach.com Member Page and who are obligated to protect the privacy of such information and not to use such information for any purpose other than that for which it was provided. You agree to use reasonable measures to protect the security of any personal information you collect from users.
Indemnification
In addition to the indemnities provided in the Terms of Use, you agree to defend, indemnify and hold Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorneys' fees, arising out of or relating in any manner to your creation, operation and/or use of any iSK8Coach.com Member Page, including without limitation any claims relating to: (a) the content and information contained in your iSK8Coach.com Member Page, including Commercial Content; (b) your iSK8Coach.com URL; (c) your collection, use, storage or sharing of any user personal information; or (d) any Commercial Activities conducted through the Site.
Modifications
We reserve the right, in our sole discretion, to change, modify, add, or delete portions of these Additional Terms at any time without further notice. If we do this, we will post the changes to these Additional Terms on this page and will indicate at the top of this page the date these terms were last revised. You agree to waive any specific notice of such changes, and your continued use and operation of the iSK8Coach.com Member Page after any such changes constitutes your acceptance of the new Additional Terms. It is your responsibility to regularly check the Site to determine if there have been changes to these Additional Terms.
Terms of Sale
Please see the Terms of Sale below for the terms, conditions and policies applicable to your purchase of products or services from Company. By ordering products or services from Company through the Site, you agree to be bound by and accept the Terms of Sale. The Terms of Sale are subject to change without prior notice at any time, in Company's sole discretion so you should review the Terms of Sale each time you make a purchase.
These Terms of Sale are subject to change without prior written notice at any time, in Company's sole discretion, and such changes shall apply to any purchases made after such changes are posted to the Site. Therefore, you should review these Terms of Sale prior to each purchase so you will understand the terms applicable to such transaction. If you do not agree to these Terms of Sale, do not make any purchases on iSK8Coach.com.
PLEASE READ THESE TERMS OF SALE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Purchase Qualifications; Account Security
To make a purchase on iSK8Coach.com, you must attempt to register as a iSK8Coach.com User and comply with these Terms of Sale (including the Terms of Use). You acknowledge that you are responsible for maintaining the security of, and restricting access to, your account and password, and you agree to accept responsibility for all purchases and other activities that occur under your account. iSK8Coach.com sells its services only to those users who can legally make purchases with a credit card. If you are under 18, you may make purchases on iSK8Coach.com only with the involvement of a parent or guardian. iSK8Coach.com reserves the right to refuse or cancel orders or terminate accounts, at any time in its sole discretion.
Payment Method and Terms
We accept Visa, MasterCard, American Express, Discover and Diner's Club credit cards and certain debit cards, as forms of payment. By submitting an order through iSK8Coach.com, you authorize the Company, or its designated payment processor, to charge the account you specify for the purchase amount. All payments are to be made in United States Dollars.
Delivery
As soon as iSK8Coach.com has verified your payment, you will receive full access to the account you have registered for, including access to the News and Forum Pages on iSK8Coach.com. With respect to services you purchase through the Site, you acknowledge and agree that upon making such services available to you (or to their intended authorized recipients), Company will have fully satisfied its obligation to deliver or otherwise provide such services, regardless of any failure or inability to use such services.
Product and Service Descriptions and Availability, Errors
Company and its suppliers continually upgrade and revise its products and services to provide you with new products and services. Company may revise, discontinue or modify products or services at any time without prior notice to customers, and products or services may become unavailable without notice. Company shall have no liability of any kind if a product or service that has been ordered is unavailable. If necessary, Company reserves the right to substitute items of equal or greater value when an item or service is unavailable or Company may cancel the order.
We attempt to be as accurate as possible and eliminate errors on iSK8Coach.com, however we do not warrant that any product, service or description, photograph, pricing or other information is accurate, complete, reliable, current, or error-free. In the event of an error, whether on the Site, in an order confirmation, in processing an order, delivering a product or service or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. In addition, we may, in lieu of a refund as provided in this paragraph, opt to provide you with a merchandise or service credit with a value at least equal to the amount charged to your credit card. iSK8Coach.com reserves the right to determine and modify from time to time the exact nature of any such merchandise or service credit, including conversion into one or more different types of merchandise or service credits. Your sole remedy in the event of such error is to cancel your order and obtain a refund or credit as set forth above.
Taxes
User will be responsible for any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with your purchase. If you do not pay such sales or other tax or fee on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and , and Company reserves the right to collect such taxes or other fees from you at any time.
Returns
All tangible merchandise, other than special orders and as otherwise noted by Company, may be returned to us for a refund of your purchase price when you notify us within 10 days of receipt of your order. We do not accept returns after this 10-day period. A 20% restocking fee may be applied to your return, but it shall not apply to returns due to defects or errors by Company. You are responsible for paying shipping back to the designated location for returned items, unless such item is being returned due to a product defect or error by Company. You must call first for a return authorization number, and no merchandise can be returned without a written authorization number. Items must be unopened, in new condition, and returned in original shipping containers. All merchandise must be inspected by customer upon delivery. If any box looks dented or damaged in any way, the driver must make a notation and should mark any damages. Boxes opened later and then damage noticed without driver making notation, is considered concealed damage. Some shipping companies do not always cover full refunds on concealed damage items. Company is not responsible for damaged incurred during shipping. There are no returns or cancellations for any intangible property or services purchased from Company, including without limitation the purchase of Member Pages. All sales are final, noncancelable and nonrefundable except as expressly set forth in this Agreement or as otherwise determined by Company in its sole discretion.
Privacy
We care about the privacy of our Users. Please view the Site's Privacy Policy at the link at the bottom of this page. By using the Site or the Service, you are consenting to have your personal data transferred to and processed in the United States.
Disclaimers
PRODUCTS AND SERVICES ARE PROVIDED OR SOLD "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF PRODUCTS OR SERVICES. COMPANY DOES NOT REPRESENT OR WARRANT THAT PRODUCTS, SERVICES OR ANY PART THEREOF, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT PRODUCTS OR SERVICES THAT ARE DOWNLOADED FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.
Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Company.
Limitation on Liability
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO COMPANY FOR THE PRODUCT OR SERVICE, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED $1,000. YOU ACKNOWLEDGE THAT IF NO AMOUNT IS PAID TO COMPANY FOR THE PRODUCT OR SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Governing Law; Venue and Jurisdiction
You agree that the laws of the State of Connecticut, without regard to principles of conflict of laws, will govern your use and purchase of products and services and these Terms of Sale, and any dispute of any sort that might arise between you and the Company or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Connecticut, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Connecticut.
Arbitration
YOU AND COMPANY AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF SALE (INCLUDING THE TERMS OF USE) OR THE SALE OF THE PRODUCTS OR SERVICES SHALL BE FINAL AND BINDING ARBITRATION, except that, to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, such other party may seek injunctive or other appropriate relief.
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, the Company will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF SALE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to any products or services be instituted more than three (3) years after the cause of action arose.
Indemnity
You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with your purchase or use of any product or services, or any violation of this Agreement or of any law or the rights of any third party.
Other
These Terms of Sale, including the Terms of Use, constitute the entire agreement between you and Company regarding purchases you make on iSK8Coach.com, superseding any prior agreements between you and Company relating to such purchases. The failure of Company to exercise or enforce any right or provision of these Terms of Sale shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Sale shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Sale and shall not affect the validity and enforceability of any remaining provisions. In the event of a conflict between these Terms of Sale and the Terms of Use, these Terms of Sale shall be controlling.
User Disputes
You are solely responsible for your interactions with other iSK8Coach.com users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
Privacy
We care about the privacy of our users. Please view the iSK8Coach.com's Privacy Policy through the link at the bottom of this page. By using the Site or the Service, you are consenting to have your personal data transferred to and processed in the United States.
Disclaimers
The Company is not responsible or liable in any manner for any User Content or Third Party Applications, Software or Content posted on the Site or in connection with the Service, whether posted or caused by users of the Site, by iSK8Coach.com, by third parties or by any of the equipment or programming associated with or utilized in the Site or the Service. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Applications, Software or Content. The Company is not responsible for the conduct, whether online or offline, of any user of the Site or Service.
The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service, including any Mobile Client software. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site or the Service, any User Content or Third Party Applications, Software or Content posted on or through the Site or the Service or transmitted to Users, or any interactions between users of the Site, whether online or offline.
THE SITE, THE SERVICE (INCLUDING THE MOBILE SERVICES), AND THE SITE CONTENT ARE PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE. COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE, OR THE SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE AND ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
The Company reserves the right to change any and all content, software and other items used or contained in the Site and any Services offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Company.
Limitation on Liability
IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.
Termination
The Company may terminate your membership, delete your profile and any content or information that you have posted on the Site and/or prohibit you from using or accessing the Service or the Site (or any portion, aspect or feature of the Service or the Site) for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 13. When we are notified that a user has died, we will generally, but are not obligated to, keep the user's account active under a special memorialized status for a period of time determined by us to allow other users to post and view comments.
Governing Law; Venue and Jurisdiction
By visiting or using the Site and/or the Service, you agree that the laws of the State of Connecticut, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Connecticut, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Connecticut.
Arbitration
YOU AND COMPANY AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that: (a) to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above or in the Code of Conduct then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought; and (b) no disputes or claims relating to any transactions you enter into with a third party through the iSK8Coach.com Member Pages may be arbitrated.
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, the Company will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Site and/or the Service (including your visit to or use of the Site and/or the Service) be instituted more than three (3) years after the cause of action arose.
Indemnity
You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the Site (including through the Share Service), your use of the Service or the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party.
Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to Company are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Definitions and Constructions
Unless otherwise specified, the terms "includes", "including", "e.g.,", "for example", and other similar terms are deemed to include the term "without limitation" immediately thereafter. Terms used in these Terms with the initial letter(s) capitalized will have the meaning attributed to them in these Terms.
Copyright Infringement
If you believe that your own copyrighted work is accessible on the iSK8Coach.com website or service in violation of your copyright, you may provide our Designated Agent with a written communication as set forth in the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512(c)(3) that contains substantially the following information:
- Identify in sufficient detail the copyrighted work or intellectual property that you claim has been infringed so that we can locate the material. For example, "The copyrighted work is my content that appears at http://www.isk8coach.com/1_eidk28." If multiple copyrighted works at a single online site are covered by your Notification, you may provide a representative list of such works at that site.
- Identify the URL or other specific location on the iSK8Coach.com website or service that contains the material that you claim infringes your copyright described in Item 1 above. You must provide us with reasonably sufficient information to locate the alleged infringing material. For example, "The content at the following URL infringes on my copyright: http://www.isk8coach.com/2_dkeui34."
- Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf.
- Include a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- Include a statement by you that the information contained in your Notice is accurate and that you attest under the penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner's behalf.
- Include your name, mailing address, telephone number and email address.
You may submit your Notification of Alleged Copyright Infringement by mail or E-Mail as set forth below:
iSK8Coach.com Copyright Infringement
iSK8Coach.com LLC
84 Washington Avenue
North Haven, CT 06473
Phone: 203-234-3923
E-Mail: admin@isk8coach.com
Please note that you may be liable for damages, including court costs and attorneys fees, if you materially misrepresent that content on our website and/or service is copyright infringing. Filing a false form in regards to this page constitutes perjury.
Upon receiving a proper Notification of Alleged Copyright Infringement as described in this Section, we will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of your claim. In an effort to protect the rights of copyright owners, Care.com maintains a policy for the termination, in appropriate circumstances, of Members and other users of this Site who are repeat infringers.
Other
These Terms of Use constitute the entire agreement between you and Company regarding the use of the Site and/or the Service, superseding any prior agreements between you and Company relating to your use of the Site or the Service. The failure of Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
iSK8Coach.com is a social utility that connects people with friends and others who are active in the figure skating community. People use iSK8Coach.com to search for figure skating professionals, clubs and learn-to-skate programs, to keep up with friends, to share links, to share photos and videos of themselves and their friends, and to learn more about the people they meet. We want iSK8Coach.com to be a place where people respect the rights and feelings of others, including third party intellectual property rights. Therefore, we have established certain rules for using ISK8Coach.com and for posting messages, photos, video and other content ("Content") on iSK8Coach.com, which rules are set forth in our Terms of Use above and in this User Code of Conduct. WHEN YOU USE ISK8COACH.COM, YOU ARE AGREEING TO ABIDE BY THE USER CODE OF CONDUCT AND THE OTHER RULES SET FORTH IN OUR TERMS OF USE. FAILURE TO ADHERE TO THIS CODE OF CONDUCT AND THE TERMS OF USE MAY RESULT, AMONG OTHER THINGS, IN TERMINATION OF YOUR ACCOUNT AND THE DELETION OF CONTENT THAT YOU HAVE POSTED ON ISK8COACH.COM, WITH OR WITHOUT NOTICE, AS DETERMINED BY ISK8COACH.COM IN ITS SOLE DISCRETION. Please refer to our Terms of Use above for more information about the rules applicable to your use of iSK8Coach.com and the other rights and remedies of iSK8Coach.com.
Third-Party Content
iSK8Coach.com allows you to upload and share user generated Content with your friends, such as photographs and videos you upload from your camera, webcam or mobile phone. This means that you may post and share original photographs and video that are of a personal nature that: (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original art or animation created by you or your friends. It is not intended as a place for you to post third-party copyrighted content, such as the latest episode of a popular TV show or your favorite music video. In addition, we expect our users to use good judgment and respect the copyrights and other intellectual property rights of others. Therefore, in using iSK8Coach.com, you may not:
- upload or share any photographs, videos or other Content other than original works that are created by you or another user
- post or share any Content that infringes upon or violates the copyright, trademarks or other rights of any third party
- attempt to circumvent any content filtering techniques we may employ
While we believe users should be able to express themselves and their point of view, certain kinds of speech simply do not belong in a community like iSK8Coach.com. Therefore, you may not post or share Content that:
- is obscene, pornographic or sexually explicit
- depicts graphic or gratuitous violence
- makes threats of any kind of that intimidates, harasses, or bullies anyone
- is derogatory, demeaning, malicious, defamatory, abusive, offensive or hateful
Unlawful or Harmful Content or Conduct
Although as an online service provider, we are not responsible for the conduct of our users, we want iSK8Coach.com to be a safe place on the internet. Therefore, in using iSK8Coach.com, you may not:
- violate any local, state, national or international law or post any Content that would encourage or provide instructions for a criminal offense
- impersonate any person or entity or otherwise misrepresent yourself, your age or your affiliation with any person or entity
- use iSK8Coach.com to send or make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation
- post or share any personally identifiable or private information of any third party
- solicit passwords or personal information from anyone, including those under 18
- use information or content you obtained on the iSK8Coach.com website or service in any manner not authorized by the iSK8Coach.com Code of Conduct or Terms of Use
- post any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
- register for more than one account or use or attempt to use another’s account, service or system without authorization or create a false identity on the Service or the Site
- engage in any predatory or stalking conduct
If you have any questions about these Terms of Use, please contact us at admin@isk8coach.com. You may also contact us by mail at 84 Washington Avenue, North Haven, CT 06473.
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