We want to thank you for using CoachSnap’s products, services, websites, and apps. Our customers are the most important aspect of our business and we appreciate you looking to CoachSnap to further your business. CoachSnap offers our customers a platform to create and host their digital businesses. The entire selection of products, services and tools offered on our Platform are our “Product”.
This Terms of Services Agreement (this “Agreement”) contains the terms under which CoachSnap provides our Product to you and describes how the Product may be accessed and used.
We refer to the combination of this Agreement and all additional terms and policies included in the Legal and Policy Center collectively as these “Terms.”
If you will be using the Product on behalf of an entity or other organization, you agree to these Terms on behalf of that entity or organization and you represent that you have such authority. “You” and “your” will refer to that entity or organization.
When you subscribe to our Product, or otherwise use or access the Platform or the Product, you agree to be bound by these Terms and applicable laws, rules, and regulations. You may be asked to click “I accept” at the appropriate place prior to your purchase of access to our Product. At such time, if you do not click “I accept”, you may not be able to complete your purchase or access our Platform. If you do not agree to these Terms, please do not use our Product in any way.
CoachSnap is not an educational institution, marketplace, or content provider. Our users, entrepreneurs, customers, and partners are not our employees. We are not responsible for any interactions between you and your customers, students, subscribers, or users (collectively, “End-Users”), other than providing the technology for you to make your content available. We are in no way liable for any disputes, claims, losses, injuries, or damage of any kind that may arise out of your relationship with your End-User, including any End-Users reliance upon any information or content that you provide.
1.1. Fees for our Product. You agree to pay CoachSnap any fees for each Product you purchase or use in accordance with the pricing and payment terms presented to you for that Product. Where applicable, you will be billed using the billing method you select through your account management page. If you have elected to pay the fees by credit card, you represent and warrant that the credit card information you provide is correct and you will promptly notify CoachSnap of any changes to such information. Fees paid by you are non-refundable, except as provided in these Terms or when required by law.
1.2. Subscriptions. Our Product is billed on a subscription basis (“Subscriptions”). This means that you will be billed in advance on a recurring, periodic basis (each period is called a “billing cycle”). Billing cycles are typically monthly or annual, depending on what subscription plan you select when purchasing a Subscription. Payment will be charged to your chosen payment method at confirmation of purchase and at the start of every new billing cycle.
Subscription will automatically renew at the end of each billing cycle unless you cancel your account through your online account management page or by contacting us at support@CoachSnap.com prior to the end of the billing cycle.
We, through our third-party provider (Stripe) will keep your detailed payment information, such as non-sensitive credit card partial numbers and expiration date, on file. We do not access this information, except through provided programmatic methods by the provider(s). You are responsible for keeping your payment details up-to-date by changing the details in your account settings. When your details change or are due to expire, we may obtain or receive from your payment provider updated payment details, including your card number, expiration date, and CVV (or equivalent). This enables us to provide you access to the Product. You authorize us to continue to charge your credit card using the updated information. If a payment is not successfully authorized due to expiration, insufficient funds, or otherwise, we may suspend or terminate your subscription until applicable changes have occurred. You also agree that we may charge you via your payment method on file if you elect to restart your subscription.
1.3. Taxes. Our prices listed do not include any taxes, levies, duties or similar governmental assessments of any nature such as value-added, sales, use, or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”) unless otherwise indicated. You are responsible for paying Taxes associated with your purchase and keeping your billing information up to date.
(a) United States Sales Tax. If we have a legal obligation to pay or collect sales tax for which you are responsible, we will calculate the sales tax based upon the billing information we have about you and charge you that amount (which, if your billing information is incomplete or inaccurate, may be the highest prevailing rate then in effect), unless you provide us with a valid tax exemption certificate acceptable to the appropriate taxing authority.
If you provide us with a tax exemption certificate, you represent and warrant that it accurately reflects your tax status and that you will keep such document current and accurate.
(b) Non-United States Sales Tax. If applicable, we will charge you VAT, GST, or any other sales, consumption or use taxes that arise in connection with your purchases of our Product unless you provide us with a tax identification number that entitles you to an exemption, a valid tax exemption certificate or other documentary proof issued by an appropriate taxing authority that tax should not be charged. If you are located in a jurisdiction with multiple sales, consumption, or use taxes, we may charge you the highest prevailing rate if your billing information is incomplete or inaccurate.
If you are required by law to withhold any Taxes from your payments to CoachSnap, you must provide CoachSnap with an official tax receipt or other appropriate documentation to support such payments.
1.4. Price Changes. CoachSnap may change the fees charged to you for the Services at any time, provided that, for Product billed on a subscription basis, the change will become effective only at the end of the then-current billing cycle of your Subscription. CoachSnap will provide you with advance notice of any change in fees and you will have the opportunity to cancel your Subscription as set forth in Section 1.2.
1.5 Refund Policy. We want all new customers to be excited about working with us. In that regard, we provide a full no-questions-asked refund within thirty (30) days of first signing up with CoachSnap. Simply send us an email to firstname.lastname@example.org within thirty (30) days of your sign-up letting us know that you are canceling your plan. After that, all payments are nonrefundable and there are no refunds or credits for partially used subscription periods. As mentioned above, following any cancellation, you will continue to have access to the Product through the end of your current billing period. We reserve the right to refuse refunds to anyone who abuses this Refund Policy.
2.1. You Retain Ownership and Responsibility of Your Content. You retain ownership of all of your intellectual property rights in your Content. “Content” means software (including machine images), data, text, audio, video or images, and personal data. CoachSnap does not claim ownership over any of your Content. These Terms do not grant us any licenses or rights to your Content except for the limited rights needed for us to provide the Product to you, and as otherwise described in the Terms.
You represent and warrant to us that: (a) you own or have the necessary licenses, rights, consents, or permissions to use or publish the Content that you include, submit, or use through our Product; and (b) none of your Content or your End-Users’ use of your Content or the Product will violate any applicable laws. You are solely responsible for determining the fees you charge your End-Users for use and/or access to your Content, website(s), and products.
2.3. CoachSnap’s Right to Use Your Name. CoachSnap shall have the non-exclusive right and license to use the names, trademarks, service marks, and logos associated with your business to promote our Product. Any goodwill arising from the use of your name and logo will inure to your benefit.
2.4. Claims for Intellectual Property Infringement. CoachSnap fully respects the intellectual property rights of others and we expect our users to do the same. If you believe a CoachSnap user is infringing upon your intellectual property rights, you may report it to us by contacting us at support@CoachSnap.com. If the claim is for alleged copyright infringement, we are required to respond in accordance with the U.S. Digital Millennium Copyright Act (DMCA).
2.5 Non-Exclusive Services. We reserve the right to provide our Product to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that CoachSnap employees and contractors may also be CoachSnap customers and that they may compete with you, although they may not use your Content or confidential information in doing so.
If CoachSnap becomes aware of any unauthorized or unlawful access to, or acquisition, alteration, use, disclosure, or destruction of, personal data related to your account (“Security Incident”), we will take reasonable steps to notify you without undue delay, but no later than 72-hours of becoming aware of the Security Incident. CoachSnap will also reasonably cooperate with you in regards to any investigations relating to a Security Incident by helping to prepare any required notices and providing any other information reasonably requested by you in relation to any Security Incident, where such information is not already available to you in your account or online through updates provided by CoachSnap, subject to our Guidelines for Legal Requests.
4.1. Product License. Neither the Terms nor your use of the Product grants you ownership in the Product or any content you access through the Product (other than your Content). The Terms also do not grant you any right to use CoachSnap’s trademarks or other brand elements. We or our licensors own all right, title, and interest in and to the Product, and all related technology and intellectual property rights. Subject to the Terms, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferrable license to access and use the Product solely in accordance with the Terms. Except as provided in this Section 4.1, you obtain no rights from us, our affiliates, or our licensors to the Product, including any related intellectual property rights.
4.2. License Restrictions. Neither you nor any of your End-Users will use the Product in any manner or for any purpose other than as expressly permitted by the Terms. Neither you nor any of your End-Users will, or will attempt to (a) modify, distribute, alter, tamper with, repair, or otherwise create derivative works of any Product; (b) reverse engineer, disassemble, or decompile the Product or apply any other process or procedure to derive the source code of any software included in the Product (except to the extent applicable law doesn’t allow this restriction); (c) access or use the Product in a way intended to avoid incurring fees or exceeding usage limits or quotas; or (d) resell or sublicense the Product. You will not misrepresent or embellish the relationship between us and you (including by expressing or implying that we support, sponsor, endorse, or contribute to you or your business endeavors). You will not imply any relationship or affiliation between us and you.
5.1. User Content. The Product may display content provided by others that CoachSnap does not own. Such content is the sole responsibility of the entity that makes it available. Additionally, as stated in Section 2.1, you are responsible for your own Content and you must ensure that you have all the rights and permissions needed to use that Content in connection with the Product. CoachSnap is not responsible for any actions you take with respect to your Content, including sharing it publicly. Please do not use any Content from or on our Product unless you have first obtained the permission of its owner or are otherwise authorized by law to do so.
5.2. Content Review. CoachSnap does not have an obligation to monitor or review any Content submitted to the Product nor do we pre-screen any Content. You acknowledge that, in order to ensure compliance with legal obligations, CoachSnap may be required to review certain content submitted to the Product to determine whether it is illegal or whether it violates these Terms. We have the sole discretion to modify, prevent access to, delete, or refuse to display content that we believe violates the law or these Terms. It is in our sole discretion to refuse or remove any Content from the Product.
5.3. Third Party Resources. CoachSnap may publish links or provide information in its Product to internet websites maintained by third parties. We do not monitor or have any control over, and we make no claim or representation regarding any such third party offerings and we accept no responsibility for reviewing changes or updates to, or the quality, content, policies, nature, or reliability of, any such third party offerings. Your use of any third party offerings provided by our Product or a third party website is at your own risk. You should review such third party’s applicable terms and policies, including privacy and data gathering practices, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. Trademarks and Content displayed in conjunction with the Product are the property of their respective owners.
6.1. Keep Your Password Secure. If CoachSnap has issued an account to you in connection with your use of the Product, you are responsible for safeguarding your password and any other credentials used to access that account. You, and not CoachSnap, are responsible for any activity occurring in your account, whether or not you authorized that activity. For more information, visit our Help Center. If you become aware of any unauthorized access to your account, you should notify CoachSnap immediately at support@CoachSnap.com. Accounts may not be shared and may only be used by one individual or organization per account.
6.2. Keep Your Details Accurate. CoachSnap occasionally sends notices to the email address registered with your account. You must keep your email address and, where applicable, your contact details and payment details associated with your account current and accurate.
6.3. Remember to Backup. You are responsible for maintaining, protecting, and making backups of your Content. To the extent permitted by applicable law, CoachSnap will not be liable for any failure to store, or for loss or corruption of, your Content.
6.4. Account Inactivity. CoachSnap may terminate your account and delete any Content contained in it if there is no account activity (such as a log in event or payment) for over 12 months. However, we will attempt to warn you by email before terminating your account to provide you with an opportunity to log in to your account so that it remains active.
7.1. Legal Status. If you are an individual, you may only use the Product if you have the power to form a contract with CoachSnap. If you do not have the power to form a contract, you may not use the Product. If you are not an individual, you warrant that you are validly formed and existing under the laws of your jurisdiction of formation, that you have full power and authority to enter into these Terms, and that you have duly authorized your agent to bind you to these Terms.
7.2. Minors. “Minors” are individuals under the age of 18 (or a higher age as provided in certain countries and territories). The Product is not intended for use by Minors. If you are a Minor in your place of residence, you may not use the Product. By using the Product, you represent and warrant that you are not a Minor.
Furthermore, the Product is not directed at children under the age of 16 and CoachSnap does not knowingly collect personal information from children. In your use of the Product, it is your sole responsibility to comply with all applicable laws relating to the privacy rights of children, including the Children’s Online Privacy Protection Rule (COPPA).
7.3. Embargoes. You are not permitted to use our Product if you are, or you are owned or controlled directly or indirectly by, any person, group, entity, or nation, named on any list issued by the Department of the Treasury’s Office of Foreign Asset Control (“OFAC”), or any similar list or by any law, order, rule, or regulation or any Executive Order of the President of the United States, including Executive Order 13224, as a "Specially Designated National and Blocked Person”, terrorist, or other banned or blocked person (collectively, a “Prohibited Person”) By using our Product you represent and warrant that (i) you are not (nor are you owned or controlled, directly or indirectly, by any person, group, entity, or nation that is) acting directly or indirectly for or on behalf of any Prohibited Person; (ii) you have not conducted nor will you conduct business nor have engaged nor will you engage in any transaction or dealing with any Prohibited Person in violation of the U.S. Patriot Act or any OFAC rule or regulation, including, without limitation, the making or receiving of any contribution of funds, goods, or services to or for the benefit of a Prohibited Person in violation of the U.S. Patriot Act or any OFAC rule or regulation; (iii) you are not prohibited by any sanctions program as maintained by OFAC from using CoachSnap’s Product, including those sanctions programs currently in effect with respect to Iran, North Korea, or Venezuela.
Furthermore, it is your responsibility to ensure that: (a) your end users do not use the Product in violation of any export restriction or embargo by the United States; and (b) you do not provide access to the Product to any Prohibited Persons.
7.4 Compliance with Laws. You must always use the Product in compliance with, and only as permitted by, applicable laws. There are various federal, state, and international specific laws, requirements, guidelines, and/or standards (collectively, “Laws”) that apply or may potentially apply to your Content, business, websites, and/or mobile applications, including, but not limited to those related to privacy and data security (such as the California Consumer Privacy Act (CCPA) or the EU General Data Protection Regulation (GDPR)), the accessibility of websites and/or mobile applications, taxes, the Health Insurance Portability and Accountability Act (HIPAA), and subscriptions and auto-renewals. CoachSnap is not HIPAA compliant and currently we have no plans to become so. Accordingly, you may not use the Product to collect, store, or process any protected health information subject to HIPAA, any applicable health privacy regulation, or any other applicable law governing the processing, use, or disclosure of health information. Any information provided by CoachSnap in help articles, examples, or the like are provided for informational purposes only and are provided without any warranty, express or implied, including as to their legal effect and completeness. CoachSnap cannot provide you with any legal advice and encourages you to consult with legal and tax counsel and website accessibility consultants of your own selection and at your own expense to ensure your compliance with all applicable Laws. You agree that you are solely and exclusively responsible for your website and mobile applications and the entirety of your Content, including compliance with Laws and following your published policies.
You are responsible for your conduct, Content, and communications with others while using the Product.
You are responsible for your conduct, Content, and communications with others while using the Product. You must comply with the following requirements when using the Product. If we become aware of any conduct or Content that falls outside the bounds of what is acceptable under this policy, we will take all appropriate action, including removing it and reporting it, as well as suspending or terminating your account. We also take steps to prevent uses of our Product that are contrary to the spirit of this policy.
CoachSnap integrates with Stripe to handle all of the payments between you and your customer.
As such, we are not responsible for handling payments, including disputes, between you and your customers.
You will be responsible for doing this yourself, through Stripe.
You can find out more information about the handling of Stripe payments here.
We strive to protect the security of all our users. We take specific measures to ensure recipients are not misled by content used for fraudulent or malicious purposes. We will suspend any use of the Product that come to our attention that:
Your users provide information with the expectation that their information will be handled respectfully and not abused. Accordingly, you are responsible for complying with all applicable data protection laws and regulations with respect to any data that you submit to or collect through our Product.
We treat our users’ names, email addresses, mobile numbers, and other personally identifiable information with respect and expect our users who collect such information to do the same.
We remove content deemed to be misinformation or disinformation and may report information related to that content to law enforcement authorities if we become aware of, or believe that, a genuine risk of harm or threat to public safety exists. Examples include but are not limited to:
Violence and Hate Speech
We remove content and may report information related to that content to law enforcement authorities if we become aware of, or believe that, a genuine risk of harm or threat to public safety and health exists.
CoachSnap is committed to inclusion. We are an equal opportunity organization and will not allow discrimination based upon race, color, religion, national origin or citizenship status, sex, gender identity or expression, pregnancy, sexual orientation, age, size, disability, military status, socioeconomic background, or any other status prohibited by applicable law.
If you use our Product, you must be willing and able to attest that you do not discriminate on any of the above grounds in order to receive services from us. External evidence, such as negative publicity or social media, that reveals such discrimination, hate speech, or disrespectful or bullying behavior, as determined by us in our sole discretion, may be taken into consideration. We reserve the right to refuse service to anyone for any reason at any time.
You may not offer goods or services, or post or upload Content, that contravene or that facilitate or promote activities that contravene the laws of the jurisdiction in which you operate or do business.
You may not offer goods or services, or post or upload Content, that imply or promote support or funding of, or membership in, a terrorist organization.
You may not offer goods or services, or post or upload Content that exploit or abuse children, including but not limited to images or depictions of child abuse or sexual abuse, or that present children in a sexual manner, or asking for personally identifiable information.
You may not offer goods or services, or post or upload Content that is defamatory, obscene, indecent, offensive, abusive, or otherwise objectionable. You may not include pornographic or gratuitously graphic violent material.
You may not use our Product that purposefully deceives, willfully represents, or otherwise defrauds or exploits others for money or property. This includes any Content that provides instruction on, engagnes in, or coordinates, encourages, or promotes such activities.
We require that all our users respect the intellectual property rights of others. You must have the appropriate rights to any Content you use or include through the use of our Product.
We may, at any time and without notice, remove any Content and suspend or terminate your account or access to our Product if you engage in any of the activities that violate this Policy, including activities outside of your use of the Product.
We have the right, but not the obligation, to monitor or investigate any Content and your use of the Product at any time for compliance with this Policy and the TOS or any other agreement between you and CoachSnap governing your use of the Product. Our determination of whether a violation of any of these terms has occurred will be final and binding and any action taken with respect to enforcing this policy or any other terms, including taking now action at all, will be at our sole discretion.
By continuing to use the Product or access your account after a revised version of this Policy has been posted, you agree to comply with the latest version.
If you identify content that you believe is in violation of this policy, you may file an abuse report at support@CoachSnap.com. Please include the URL of the website at issue.
9.1. PCI Standards. If you use the Product to accept payment card transactions, you must comply with the Payment Card Industry Data Security Standards (PCI-DSS) to the extent they are applicable to your business (the “PCI Standards”). CoachSnap provides tools to simplify your compliance with the PCI Standards, but it is your responsibility to ensure that your business is compliant. The specific steps you will need to take to comply with the PCI Standards will depend on your implementation of the Product.
9.2. Cardholder Data. CoachSnap does not have access to, collect, transmit, store, or process any Cardholder Data on your behalf. We have partnered with payment providers Stripe regarding all End-User payments and so that our customers may achieve their compliance obligations with PCI DSS. “Cardholder Data” is defined as a cardholder’s primary account number (PAN), and where a full unmasked card number is present, any of the following elements: cardholder name, expiration date, and/or service code. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE PROHIBITED FROM COLLECTING OR ENTERING CARDHOLDER DATA INTO ANY FORM OR DATA ENTRY FIELDS IN THE PRODUCT, EXCEPT INTO THOSE FIELDS INTENDED SOLELY FOR THAT PURPOSE (i.e. where CoachSnap explicitly enables such data to be entered into such fields). Appropriate fields are clearly marked with labels such as ‘Card number’ or by having a credit card icon precede them. Similarly, excluding payment forms, you must never collect or enter any “Sensitive Authentication Data”, as defined by the PCI Standards (including CVC or CVV2) into any fields in the Product. You assume all responsibility for any Cardholder Data entered into the Product in violation of these Terms.
10.1. By You. You can terminate your Subscription and delete your account at any time through your account management page. Such termination and deletion will result in the deactivation or disablement of your account and access to it, and the deletion of content you collected through use of the Product. Terminations are confirmed immediately and you will not be charged again for that Subscription unless you purchase a new one. If you terminate a Subscription in the middle of a billing cycle, you will not receive a refund unless you are terminating these Terms for any of the following reasons: (a) we have materially breached these Terms and failed to cure that breach within 30 days after you have so notified us in writing; (b) a refund is required by law; or (c) we, in our sole discretion, determine a refund is appropriate. For clarity, we will not grant a refund where you have used our Product, unless the termination is due to our material, uncured breach or a refund is required by law.
10.2. By CoachSnap. CoachSnap may terminate your Subscription for any reason at the end of a billing cycle by providing at least 30 days’ prior written notice to you and you will not be charged for the next billing cycle. CoachSnap may terminate your Subscription for any reason by providing at least 90 days’ written notice to you and will provide a pro rata refund for any period of time you did not use in that billing cycle. CoachSnap may immediately suspend performance or terminate your Subscription for any of the following reasons: (a) you have materially breached these Terms, in our sole discretion, and failed to cure that breach within 30 days after we have notified you in writing of such breach; or (b) you cease your business operations or become subject to insolvency proceedings and the proceedings are not dismissed within 90 days. Additionally, CoachSnap may immediately limit, suspend, or terminate the Product to you: (i) if, in our sole discretion, you fail to comply with these Terms; (ii) if, in our sole discretion, you use the Product in a way that causes legal liability to us or disrupts others’ use of the Product; or (iii) we are investigating suspected misconduct by you. Also, if we limit, suspend, or terminate the Product you receive, depending upon the reason, we will endeavor to give you advance notice and an opportunity to obtain a copy of your Content from that Service. However, there may be time sensitive situations where CoachSnap may decide that we need to take immediate action without notice. CoachSnap will use commercially reasonable efforts to narrow the scope and duration of any limitation or suspension under this Section as is needed to resolve the issue that prompted such action. CoachSnap has no obligation to retain your Content upon termination of the applicable Service.
10.3. Further Measures. If CoachSnap stops providing the Product to you because you repeatedly or egregiously breach these Terms, CoachSnap may take measures to prevent your further use of the Product, including blocking your IP address.
11.1. Changes to Terms. You acknowledge and agree that CoachSnap may change these Terms at any time for a variety of reasons, such as to reflect changes in applicable law or updates to Product, and to account for new Products or functionality. If an amendment is material, as determined in CoachSnap’s sole discretion, we may notify you by email and/or posting it to our website or upon your login to your account. Changes will be effective no sooner than the day they are publicly posted, and apply to all access to and use of the Product thereafter. However, any changes to the dispute resolution provisions will not apply to any disputes for which the parties have actual notice before the date the change is posted. If you do not want to agree to any changes made to the Terms, you should stop using the Product, because by continuing to use the Product you indicate your agreement to be bound by the updated terms.
11.2. Changes to the Product and Services. We are continually changing and improving our Product. CoachSnap may add, alter, or remove functionality from a Service it provides to you at any time without prior notice. CoachSnap may also limit, suspend, or discontinue a Service provided to you at our discretion. If we discontinue a Service, we will give you reasonable advance notice to provide you with an opportunity to obtain a copy of your Content from that Service. CoachSnap may remove content from the Product it provides you at any time in our sole discretion, although we will endeavor to notify you before we do that if it materially impacts you and if practicable under the circumstances.
11.3. Downgrades. Downgrading your account plan may cause the loss of content, features, functionality, or capacity of your account.
12.1. Disclaimers. While CoachSnap strives to provide you with a great experience when using the Product (and we love to please our customers), there are certain things we do not promise about our Product. We try to keep our Product up, but they may be unavailable from time to time for various reasons. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCT AND ANY INFORMATION, GUIDANCE, OR RECOMMENDATIONS THEREIN ARE PROVIDED “AS IS” AND CoachSnap DOES NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY REPRESENTATIONS REGARDING AVAILABILITY, RELIABILITY, OR ACCURACY OF THE PRODUCT.
12.2. Exclusion of Certain Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, CoachSnap, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR (A) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, OR (B) LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT AND THESE TERMS, AND WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF CoachSnap HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
12.3. Limitation of Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF EACH OF CoachSnap, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT AND THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID TO CoachSnap FOR USE OF THE PRODUCT AT ISSUE DURING THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.
12.4. Consumers. We acknowledge that the laws of certain jurisdictions provide legal rights to consumers that may not be overridden by contract or waived by those consumers. If you are such a consumer, nothing in these Terms limits any of those consumer rights.
13.1. General. You agree that you are solely and exclusively responsible for your website and mobile applications and the entirety of your Content. To the fullest extent permitted by law, you will indemnify and hold harmless CoachSnap and its affiliates, officers, agents, licensors, and employees from all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of a third party claim regarding or in connection with (a) your or your end users’ use of the Product; (b) breach of these Terms or violation of applicable law by you, your users, or your Content, websites, mobile applications, or business; or (c) a dispute between you and your users.
13.2. Intellectual Property. You will defend CoachSnap and its affiliates, officers, agents, licensors, and employees from all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of a third party claim alleging that any of your Content infringes or misappropriates that third party’s intellectual property rights, and will pay the amount of any adverse final judgment or settlement.
13.3. Process. We will (a) endeavor to give you prompt written notice of the claim; (b) permit you to control the defense and settlement of the claim; and (c) reasonably cooperate with you in the defense and settlement of the claim. In no event will you agree to any settlement of any claim that requires a commitment by us, without our written consent.
14.1. Resolving Disputes. If you have a concern, we want to first try to address it without needing a formal legal case. Before filing a claim against CoachSnap, you agree to try to resolve the dispute informally by contacting email@example.com. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or CoachSnap may bring a formal proceeding.
14.2. Judicial Forum for Disputes. You and CoachSnap agree that any judicial proceeding to resolve claims relating to these Terms or the Product will be brought in the federal or state courts of Orange County, California, subject to the mandatory arbitration provisions below. Both you and CoachSnap consent to venue and personal jurisdiction in such courts. If you reside in a country (for example, a member state of the European Union) with laws that give consumers the right to bring disputes in their local courts, this paragraph doesn’t affect those requirements.
14.3. Mandatory Arbitration Provisions. IF YOU’RE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
We Both Agree to Arbitrate. You and CoachSnap agree to resolve any claims relating to these Terms or the Product through final and binding arbitration by a single arbitrator, except as set forth under Exceptions to Agreement to Arbitrate below. This includes disputes arising out of or relating to interpretation or application of this “Mandatory Arbitration Provisions” section, including its enforceability, revocability, or validity.
Opt-out of Agreement to Arbitrate. You can decline this agreement to arbitrate within 30 days of first registering your account by contacting us at support@CoachSnap.com.
Arbitration Procedures. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, Orange County, CA, or any other location we agree to. The AAA rules will govern payment of all arbitration fees. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address.
Exceptions to Agreement to Arbitrate. Either you or CoachSnap may assert claims, if they qualify, in small claims court in Orange County, CA, or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Product, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in Orange County, California to resolve your claim.
NO CLASS ACTIONS. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed. If this specific paragraph is held unenforceable, then the entirety of this “Mandatory Arbitration Provisions” section will be deemed void.
14.4. Governing Law. These Terms, will be governed by California law except for its conflicts of laws principles. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer's country. This paragraph doesn’t override those laws.
15.1. Assignment. You may not assign these Terms or your rights to use our Product without CoachSnap’s prior written consent, which may be withheld in our sole discretion. CoachSnap may assign these Terms at any time without notice to you.
15.2. Entire Agreement. These Terms, and any other policy located in our Privacy Center constitute the entire agreement between you and CoachSnap, and they supersede any other prior or contemporaneous agreements, terms and conditions, written or oral concerning its subject matter.
15.3. Independent Contractors. The relationship between you and CoachSnap is that of independent contractors, and not legal partners, employees, or agents of each other.
15.4. Interpretation. The use of the terms “includes”, “including”, “such as”, and similar terms, will be deemed not to limit what else might be included.
15.5. No Waiver. A party’s failure or delay to enforce a provision under these Terms is not a waiver of its right to do so later.
15.7. Severability. If any provision of these Terms is determined to be unenforceable by a court of competent jurisdiction, that provision will be severed and the remainder of terms will remain in full effect.
15.8. Third Party Beneficiaries. There are no third party beneficiaries to these Terms.
15.9. Survival. The following sections will survive the termination of these Terms: 1, 2.2, 3, 10, 12, 13, 14, and 15.
15.10. Language. These Terms are prepared and written in English. To the extent that any translated version conflicts with the English version, the English version controls, except where prohibited by applicable law.