(last updated: October 2005)
Welcome to the iLifeCoach Internet site (the "Site"). These terms of
use ("Site Terms") apply exclusively to your access to, and use of,
the Site so please read them carefully. iLifeCoach offers the Site to you
conditioned on your acceptance of this agreement without modification. Your use
of the Site constitutes your acceptance of the Site Terms.
We reserve the right to change or modify any of the Site Terms and the Site, at
any time. If we decide to change our Site Terms, we will post a new version on
our site and update the date. Your use of this Site following the posting of
changes or modifications to the Site Terms will constitute your acceptance of
the revised Site Terms.
Privacy
We believe strongly in providing you notice of how we collect and use your data,
including personally identifying information, collected from the Site. We have
adopted a Privacy Statement to which you should refer to fully understand how
we collect and use personally identifying information.
"Only a Forum"
This Site and the services offered herein are provided solely as a forum and
technical interface that connects people looking for advice with
Life coaches and other coaching related service providers. We do not provide
any professional coaching, therapy or related services, and do not hold ourselves
out as being licensed to perform any such services. We do not sponsor, endorse,
recommend or approve of any coach, therapist or other related
service provider who offers services through this Site. You should use your
independent judgment of the merits of any individual, entity or information
that you find on or through this Site. While we try to confirm that
participating coaches, therapists and other related service
providers are licensed to perform their respective services, we cannot and do
not represent or warrant that any real coach, therapist or other
related service provider who offers services through this Site is
licensed, qualified, or capable of performing any such service.
It should also be noted that we do not make any assurance as to the timeliness
or accuracy of the questions answered or other related follow up, provided by the
coach, therapist or other related service provider. Furthermore,
if the requesting person looking for advice submits incomplete, insufficient or inaccurate
information, or if the completion of a coaching or therapist
activity is in conflict with therapy or coaching rules, laws or best practices, then an
answer may not be provided to
the requesting person seeking advice.
Use of Site
The Site is only for your personal use. You will not use the Site for commercial
purposes. You will not use the Site in any way that is unlawful, or harms
iLifeCoach and/or its suppliers. iLifeCoach prohibits to the maximum extent
allowable the resale, redistribution, and use of the materials included on the
Site for commercial purposes.
Responsibility for Your Conduct
You are solely liable for your conduct or any information that you upload or
transmit to this Site. You may not provide false or misleading information to
this Site or submit information under false pretenses. Without limiting
anything else in these Site Terms, we may immediately terminate your access to
and use of the Site if you provide false or misleading information or submit
information under false pretenses to this Site.
Submissions
You agree that any materials, including but not limited to questions, comments,
suggestions, ideas, plans, notes, drawings, original or creative materials or
other information, provided by you in the form of e-mail or submissions to us,
or postings on this Site, are non-confidential (subject to our Privacy Policy).
We will own exclusive rights, including all intellectual property rights, and
will be entitled to the unrestricted use of these materials for any purpose,
commercial or otherwise, without acknowledgment or compensation to you.
Disclaimer
THIS SITE AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS
IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU
EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE
DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR
SOLE RISK. ILIFECOACH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION,
MATERIALS, CONTENT, LINKS, SERVICES AND PRODUCTS ON THE SITE.
ILIFECOACH DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE
ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. ILIFECOACH IS NOT
RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR
PHOTOGRAPHY. WHILE WE ATTEMPT TO ENSURE YOUR ACCESS AND USE OF THE SITE IS
SAFE, ILIFECOACH CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS
SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
IN NO EVENT WILL ILIFECOACH BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR
CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT
LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION
IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE
MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE.
Termination
We may terminate or suspend your access to the Site at any time, with or without
cause, with or without notice. Upon such termination or suspension, your right
to use the Site will immediately cease.
Applicable Law and Venue
These terms and conditions are governed by and construed in accordance with the
laws of the State of California, applicable to agreements made and entirely to
be performed within the State of California, without resort to its conflict of
law provisions. You agree that any action at law or in equity arising out of or
relating to these terms and conditions can be filed only in state or federal
court located in Santa Clara, California, and you hereby irrevocably and
unconditionally consent and submit to the exclusive jurisdiction of such courts
over any suit, action or proceeding arising out of these terms and conditions.
General Terms
If any part of the Site Terms is determined to be invalid or unenforceable
pursuant to applicable law, then the invalid or unenforceable provision will be
deemed superseded by a valid, enforceable provision that most closely matches
the intent of the original provision and the remainder of the Site Terms will
continue in effect. We may assign this Agreement, in whole or in part, at any
time with or without notice to you. You may not assign this Agreement, or
assign, transfer or sublicense your rights, if any, in the Site. Except as
expressly stated herein, the Site Terms constitute the entire agreement between
you and us with respect to the Site.
The parties have required that the Site Terms and all documents relating thereto
be drawn up in English. Les parties ont demandé que cette convention
ainsi que tous les documents que s`y rattachent soient rédigés en
anglais.
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