Terms of Service

Date Modified: February 2013

1. Your Consent

Welcome to our Website, TriGuyCoaching.com! This Website is owned and operated by TriGuy Multisport Coaching, LLC. Whether you are a visitor or become a member of our Website, you agree to be legally bound by these Terms of Use and our Privacy Policy available at http://triguycoaching.com/privacy/. If you do not want to accept and agree to these Terms of Use or Privacy Policy, you must leave our Website. We may revise and update these Terms of Use from time to time in our sole discretion without prior notice to you. These Terms of Use have been updated on the date indicated above. Please check this page periodically to take notice of any changes we made because they are binding on you. Your continued use of the Website following the posting of revised Terms of Use constitutes your acceptance of the changes.

 

2. Disclaimers; Limitation of Liability

1. The Website contains information related to professional triathlon and endurance sports coaching. This information is provided for general educational purposes only and DOES NOT CONSTITUTE MEDICAL ADVICE. You should not use our Website content for diagnosing or treating a health problem. Please promptly contact your physician or other healthcare provider with any health related concerns. You should never disregard or delay seeking medical advice because of any of our Website content. YOUR USE OF THE WEBSITE, TRAINING PLANS OR COACHING SERVICES PROVIDED THROUGH IT NEVER CONSTITUTES A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP.

2. We fully reserve all rights in regards to the nature, terms, and any other detail of any training program, service, offering or product offered on or through our Website. We reserve the right to change our programs, without notice, as well any service or product offered.

3. Website contains paid advertising, sponsorship, affiliate marketing insertions or other forms of compensated endorsements. The compensation received does not influence our opinions and reviews provided. If we positively review certain products or services, we genuinely believe, based on our expertise, that those products or services are worthy of such endorsement (this provision does not apply to advertisements automatically generated by third party ad networks, i.e. Google ads). Any product or service claim or representation should be independently verified by you with the manufacturer or provider.

4. You understand that training for or participating in triathlon or any other sport is a challenging test of a person’s physical and mental limits, which carries a certain risk of death, serious injury, and property loss. THEREFORE, we disclaim all liability arising out of or related to website content, training programs, coaching services received through our site. We are not liable for any property damage, bodily injury or death of the Website user or any third party. Under no circumstances will the Website be liable for any amounts exceeding the amounts actually paid for service. NO CLAIM, SUIT OR ACTION SHALL BE BROUGHT AGAINST us MORE THAN ONE YEAR AFTER THE RELATED CAUSE OF ACTION HAS OCCURRED.

5. YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OBTAINED T HROUGH THE SITE IS AT YOUR OWN RISK. WE DO NOT GUARANTEE THAT THE INFORMATION PROVIDED ON THE SITE IS COMPLETE, ACCURATE OR UP-TO-DATE. WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. IN NO EVENT WILL WE, OUR CONTRACTORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

3. Intellectual Property; DMCA Notice

1. IP. All Website contents, registered and unregistered trademarks, information, images, and design (the “Intellectual Property”) belongs to TriGuy Multisport Coaching, LLC and its content suppliers. The Intellectual Property is protected by the U.S. and international copyright, trademark, trade secret and other intellectual property and proprietary rights laws. You shall not copy, reproduce or replicate any Intellectual Property so as to cause confusion to the public as to the ownership or identity of the Website, the source of its content, or to adversely affect the brand image, reputation, sales and business of the Website.

2. DMCA. We respect the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website athttp://www.copyright.gov/legislation/dmca.pdf, we will address the claims of copyright infringement committed using our Website if such claims are reported to our designated DMCA Copyright Agent atalan@triguycoaching.com. If we believe that any posted material violates any applicable law, we will remove or disable access to any such material.

3. In notifying us of alleged copyright infringement, include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.

 

4. Your Responsibilities

By using this Website or the coaching services provided through it, you represent, warrant and agree that:

1. You are of full legal age and capacity to form a binding contract.

2. If you sign up for the coaching services, you agree to the terms of the Athlete Liability Waiver located athttp://triguycoaching.com/forms

3. You will provide a valid payment method information when necessary and pay all sums due when due.

3. All persons who access the Website through your Internet connection (i) will have a legal right to do so, and (ii) will read and comply with these Terms of Use.

4. You will only use the Website for legal purposes without interfering with the proper working of the Website. You will not impersonate any other person or entity, submit any false, defamatory, offensive, harassing material, or any material that infringes or violates another party’s intellectual property rights and rights of privacy (including medical privacy) and publicity. You will not submit any advertising or promotional material.

5. If you submit any inquiries, reviews or testimonials to us: (i) the content is truthful, accurate and does not violate these Terms of Use, Privacy Policy, or any law, (ii) you agree to indemnify and hold the Website (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers) harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, including reasonable attorneys’ fees, costs, expenses or damages arising out of or related to a breach of these Terms of Use, or your violation of any law or the rights of a third party.

6. We have the right to refuse access, service or disable your account on our Website at any time for any reason or no reason without notice or explanation.

7. Website content is provided “as is” with no warranty of any kind and we may withdraw or modify it without notice or liability to anybody. The use of and reliance on any Website content is at your own risk, and that under no circumstances shall the Website be liable for any content or for any loss or damage of any kind incurred as a result of the use of or reliance on any content made available.

5. Breach; Indemnification

1. We may take any action that we deem necessary or appropriate if we believe that any user violates the Terms of Use, infringes any intellectual property right, privacy right or confidentiality principles, threatens anybody’s personal safety or uses offensive language. We may: (i) disclose user’s identity to law enforcement agencies, to any third party claiming violation of their intellectual property or privacy right, (ii) block user’s IP address, notify user’s Internet Service Provider, suspend or terminate any account on our Website, (iii) moderate any content submitted to us, (iv) take any other action provided for in these Terms of Use or available under equity or law.

2. Since we cannot ensure that all material submitted to us is accurate, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.

3. You agree to defend, indemnify and hold harmless the Website, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms of Use or your use of the Website, including without limitation, services or goods obtained through the Website, your submissions to the Website, and any use of the Website’s content.

6. Links to the Website

1. You may link to our Website, as long as this is done in a fair way that is not detrimental to our reputation or business interests and does not suggest any form of association where there is none. You cannot frame our Website on any other site.

2. We reserve the right to request that you withdraw any link and you agree to cooperate with us in causing any unauthorized framing or linking immediately to cease.

7. Assignment

You may not assign your rights and obligations under these Terms of Use without our prior written consent. We may transfer, assign or subcontract the rights, interests or obligations under the Terms of Use, at our sole discretion, without obtaining your consent.

8. Severability; Non-Waiver

1. Should any part of these Terms of Use be rendered or declared invalid by an appropriate authority, such invalidation of such part or portion of these Terms of Use should not invalidate the remaining portions thereof, and they shall remain in full force and effect.

2. Enforcement of these Terms of Use is solely in our discretion, and failure to enforce the Terms of Use in some instances does not constitute a waiver of our right to enforce them in other instances.

9. Governing Law; Arbitration

Any dispute, controversy or claim arising out of your use of this website shall, upon the request of any party involved, be submitted to and settled by binding arbitration in Philadelphia, Pennsylvania, pursuant to the rules then in effect of the American Arbitration Association (or at any other place or under any other form of arbitration mutually acceptable to the parties so involved). Any award rendered shall be final and conclusive upon the parties and a judgment thereon may be entered in the highest court of the forum, State or Federal, having jurisdiction. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the cost of its own experts, evidence and counsel. This Section shall not prohibit any party from seeking injunctive relief from a court of competent jurisdiction in the event of a breach or prospective breach of this Agreement by the other party. You understand that THIS CLAUSE MEANS YOU WAIVE YOUR RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

10. Contact Information

Please direct your questions, comments or concerns to:

Alan Patrick Kipping-Ruane
3 West Pennsbury Way, Chadds Ford, PA 1931-9306, United States of America
Phone: 1-484-614-7108 or 1-610-388-1809
Hours of operation: 7 days a week, Monday – Sunday 8am – 8pm