Coach Harder LLC owns, solely and exclusively, all rights, title and interest in and to the Web Site, all the content (including, for example, photographs, illustrations, graphics, other visuals, copy, text, software, titles, etc.), code, data and materials thereon, the look and feel, design and organization of the Web Site, and the compilation of the content, code, data and materials on the Web Site, including but not limited to any copyrights, trademark rights, patent rights, database rights, and other intellectual property and proprietary rights therein. Your use of the Web Site does not grant to you ownership of any content, code, data or materials you may access on or through the Web Site.
You may access and view the content on the Web Site on your computer or other device and, unless otherwise indicated in these Terms and Conditions or on the Web Site, make single copies or prints of content on the Web Site for your personal, reference use only. Use of the Web Site and the services offered on or through the Web Site, are only for your personal, non-commercial use.
Any commercial or promotional distribution, publishing or exploitation of the Web Site, or any content, code, data or materials on the Web Site, is strictly prohibited unless you have received the express prior written permission from authorized personnel of Coach Harder LLC or the otherwise applicable rights holder. Other than as expressly allowed herein, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or available through the Web Site. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the Web Site, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. You acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through the Web Site. If you make other use of the Web Site, or the content, code, data or materials thereon or available through the Web Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
Web Site users under 18 years of age are required to obtain parent or legal guardian consent when submitting personally identifiable information, content, pictures, video or any other material to the CoachHarder.com Web Site.
The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Web Site or on content available through the Web Site are registered or unregistered Trademarks of Coach Harder LLC and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. All Trademarks not owned by Coach Harder LLC that appear on the Web Site or on or through the Web Site’s services, if any, are the property of their respective owners. Nothing contained on the Web Site should be construed as granting, by implication, any license or right to use any Trademark displayed on the Web Site without the written permission of Coach Harder LLC or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Web Site or on or through any of the Web Site’s services is strictly prohibited.
Personally Identifiable Information
Prohibited User Conduct
You warrant and agree that, while using the Web Site and the various services and features offered on or through the Web Site, you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party’s advertising, branding or other promotional content into any of the Web Site’s content, materials or services (for example, without limitation, in an RSS feed), or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or (c) attempt to gain unauthorized access to other computer systems through the Web Site. You shall not: (i) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Web Site or the services offered on or through the Web Site, including without limitation any information residing on any server or database connected to the Web Site or the services offered on or through the Web Site; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (iii) use the Web Site or the services made available on or through the Web Site in any manner with the intent to interrupt, damage, disable, overburden, or impair the Web Site or such services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; (iv) use the Web Site or the Web Site’s services or features in violation of Coach Harder LLC’s or any third party’s intellectual property or other proprietary or legal rights; or (v) use the Web Site or the Web Site’s services in violation of any applicable law. You further agree that you shall not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Web Site or the Web Site’s services, or any content thereof, or make any unauthorized use thereof. You agree that you shall not use the Web Site in any manner that could damage, disable, overburden, or impair the Web Site or interfere with any other party’s use and enjoyment of the Web Site or any of its services. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Web Site.
Coach Harder LLC Code of Conduct
The Mission of Coach Harder LLC is to create transparent, engaged and responsive companies by developing strategies that leverage social media marketing and illuminate brands. The Coach Harder LLC Blog was created to provide a platform for sharing knowledge about social media marketing and related topics and inspire meaningful conversations. We invite you to get involved by participating in the “post”, “comment” and “share” (“post/comment/share”) section of the web site. We understand that website visitors are passionate about the topics covered on CoachHarder.com. We request that all post/comment/share content submitted to CoachHarder.com adhere to professional and ethical standards. Please avoid obscene language or other inappropriate material. All post/comment/share content will be reviewed. We reserve the right to request edits or remove material which we consider, at our sole discretion, to be offensive.
The opinions expressed in the post/comment/share are not necessarily those of Coach Harder LLC. All statements, advice, opinions expressed, and content provided, by users in post/comment/share are those of such users only, and we neither endorse nor shall we be held responsible for the reliability or accuracy of such postings. We are not responsible for information or materials made available in post/comment/share (including errors or omissions in post/comment/share postings, content or links and images embedded in post/comment/share postings and/or content) or results obtained by using such information or materials. Under no circumstances will we be liable for any loss or damage caused by your reliance on information or materials obtained through the content and/or any postings in post/comment/share and/or the Web Site. Information, including Personally Identifiable Information, which is posted in post/comment/share will be accessible to other users participating in post/comment/share, including people you may not know and whose actions we may not control. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE IN post/comment/share, YOU DO SO AT YOUR OWN RISK.
Additionally, you are solely responsible and liable for (and Coach Harder LLC shall not be responsible or liable for) your interactions with other Web Site users. Coach Harder LLC is not involved in, a party to, or responsible for any communications, correspondence, interactions or transactions, whether verbal or written and whether electronic or otherwise (“Communications”), between you and any other Web Site user, or any disputes arising therefrom. You agree to release Coach Harder LLC, its affiliates and third party service providers, and their respective directors, officers, employees, owners, licensors and agents from all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any Communications or disputes between you and any other Web Site user. If you have questions regarding the code of conduct, please contact us at firstname.lastname@example.org.
Linking to CoachHarder.com
If you are interested in linking to CoachHarder.com from another web site, please submit a formal request via e-mail to email@example.com. We reserve the right to approve or deny permission at our sole discresion. You agree that if you include a link from any other web site to the Web Site, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of this Web Site. You are not permitted to link directly to any image hosted on the Web Site or our services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another web site. You agree not to download or use images hosted on this Web Site on another web site, for any purpose, including, without limitation, posting such images on another web site. You agree not to link from any other web site to this Web Site in any manner such that the Web Site, or any page of the Web Site, is “framed,” surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Web Site be discontinued, and to revoke your right to link to the Web Site from any other web site at any time upon written notice to you.
Please note that, because we host post/comment/share and other forums on the Web Site and therefore redistribute materials you give us, we need to obtain certain rights in those materials. You hereby grant to us a royalty-free, worldwide, perpetual, sub-licensable (through multiple tiers), irrevocable, transferable, non-exclusive right to use, reproduce, modify, create derivative works from, distribute, digitally perform, publicly perform and publicly display and otherwise exploit in any manner any content, material and/or your name posted on the Web Site (collectively, the “Material”), and/or to incorporate it in other works in any form, media or technology now known or later developed, for any purpose whatsoever, commercial or otherwise, without compensation to or prior approval by you. By submitting or sending Material to the Web Site you represent and warrant that (1) no other party has any rights to the Material or that you have all rights necessary to grant the rights granted hereunder, (2) the Material is not subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we shall not be liable for any use or disclosure of any Material, and (3) your provision of the Material to and through the Web Site, complies with all applicable laws, rules and regulations. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of the Material that you may have under any applicable law under any legal theory.
You may not post or transmit materials or content on or through the Web Site that violates or infringes in any way upon the rights of others.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe their rights under U.S. copyright law have been infringed by material on the internet. If you believe in good faith that any material or content posted on the Web Site infringes your copyright, you may send us a notice requesting that we remove the material or block access to it. Conversely, if you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice.
To send a notice or a counter-notice, please forward the following information to our registered agent named below:
Your address, telephone number, and email address
A description of the copyrighted work that you claim has been infringed
A description of the allegedly infringing material and the location of the allegedly infringing material
A statement that you have a good faith belief that the disputed use is not authorized
An electronic or physical signature of the person authorized to act on behalf of the copyright owner
A statement made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner
Coach Harder Driving School
11861 Westline Industrial Drive,
St Louis MO 63146
Phone – 314-222-3938
Email – firstname.lastname@example.org
Please consult your legal advisor before filing a notice or counter-notice.
We are not responsible for the similarity of any of our content to any media, materials or ideas transmitted to the Web Site. Should you send any media, materials or ideas, whether solicited or unsolicited, you do so with the understanding that no consideration of any sort will be provided to you, and that you are waiving any claim against Coach Harder LLC or our affiliates regarding the use of such materials and ideas, even if materials or ideas are substantially similar to the idea you submitted. Coach Harder LLC accepts submissions electronically online and via e-mail ONLY. Coach Harder LLC will not consider or return any items that are submitted via U.S. postal, courier or any other delivery means.
Sweepstakes and Contests
Description of Website
CoachHarder.com currently provides users with a web portal for:
Reviewing the Services provided by Coach Harder LLC
Subscribing to Coach Harder LLC Email list
Contacting Coach Harder LLC Representatives
Reading Coach Harder LLC Blog posts
Commenting on blog posts[clear]
Unless expressly stated otherwise, any new features, products or services added to the web site shall be subject to these conditions.
We may make products and services available to visitors and registrants of the Web Site. If you order any products or services, you hereby represent and warrant that you are 18 years old or older. You agree to pay in full the prices for any purchases you make either by credit/debit card or by other payment means acceptable to Coach Harder LLC. You agree to pay all applicable taxes and shipping fees. Certain products and services that you purchase on or through the Web Site may be subject to additional terms and conditions presented to you at the time of such purchase or download.
Third Party Services and Content
The Web Site contains services and content supplied by parties other than Coach Harder LLC (such services and content, collectively, “Third Party Services,” and such third parties, “Third Party Providers”), including Third Party Services that connect Web Site users with third party vendors (“Third Party Vendors”). Any opinions, advice, judgments, statements, services, offers, or other information or materials expressed or made available by any Third Party Provider or Third Party Vendor, including through any Third Party Service, are those of the respective author(s) or distributor(s) and not of Coach Harder LLC. We are not responsible for such information or materials, including errors or omissions in such information or materials or results obtained by using such information or materials, and shall not be liable for any loss or damage caused by your reliance on such information or materials. Coach Harder LLC does not guarantee the accuracy, completeness, or usefulness of any Third Party Services or such information or materials, nor their merchantability or fitness for any particular purpose. We encourage you to conduct your own research and due diligence into the Third Party Providers and Third Party Vendors.
You are solely responsible and liable for (and Coach Harder LLC shall not be responsible or liable for) your Communications with Third Party Providers and Third Party Vendors. Coach Harder LLC is not involved in, a party to, or responsible for any Communications between you and any Third Party Provider or Third Party Vendor or any disputes arising there from. Any such Communications and disputes are specifically and solely between you and the applicable Third Party Provider or Third Party Vendor. Any warranties or representations made with regard to any Third Party Provider, any Third Party Vendor, the conduct of any Third Party Provider’s or Third Party Vendor’s business, or any products or services featured on any Third Party Service, are made by the applicable Third Party Provider or Third Party Vendor, and not by Coach Harder LLC. You agree to release Coach Harder LLC, its affiliates and third party service providers, and their respective directors, officers, employees, owners, licensors and agents from all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any Communications or disputes between you and any Third Party Provider or Third Party Vendor. Certain Third Party Services may require you to provide additional information in order to use them and/or may collect additional information from you while you are using them (for example, by engaging in Communications with Third Party Providers or Third Party Vendors in connection with such Third Party Services). The collection and use of such additional information may be governed by the privacy policies of the applicable Third Party Provider, and Coach Harder LLC urges you to review any such privacy policies. YOU AGREE THAT YOUR USE OF THIRD PARTY SERVICES AVAILABLE THROUGH THE WEB SITE IS AT YOUR OWN RISK.
DISCLAIMER OF WARRANTIES
THE WEB SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS PROVIDED THROUGH THE WEB SITE, ARE PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, PLAYABILITY, DISPLAYABILITY, ACCURACY, PRECISION, CORRECTNESS, THOROUGHNESS, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE WEB SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS PROVIDED THROUGH THE WEB SITE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE WEB SITE OR THE PROVIDED SERVICES WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. Coach Harder LLC ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEB SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO CONTENT, OR AUDIO CONTENT FROM THE WEB SITE. IF YOU ARE DISSATISFIED WITH THE WEB SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEB SITE.
WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE WEB SITE IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE WEB SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. Coach Harder LLC NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE WEB SITE, NOR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE, INDECENT, UNLAWFUL OR INFRINGING POSTING MADE THEREON BY ANYONE OTHER THAN AUTHORIZED Coach Harder LLC SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES (INCLUDING, WITHOUT LIMITATION, OTHER USERS OF THE WEB SITE). IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE WEB SITE.
WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, Coach Harder LLC AND ITS AFFILIATES, THIRD PARTY PROVIDERS AND THIRD PARTY VENDORS, AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE WEB SITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE WEB SITE OR IN CORRESPONDENCE WITH Coach Harder LLC OR ITS AGENTS. ANY PRODUCTS ORDERED OR PROVIDED VIA THE WEB SITE ARE PROVIDED BY Coach Harder LLC “AS IS,” EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND Coach Harder LLC OR ITS THIRD PARTY PROVIDERS AND THIRD PARTY VENDORS.
LIMITATION OF LIABILITY
IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL Coach Harder LLC, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE WEB SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE WEB SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE WEB SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE WEB SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO Coach Harder LLC FOR YOUR USE OF THE WEB SITE OR PURCHASE OF PRODUCTS OR SERVICES VIA THE WEB SITE.
You agree to defend, indemnify and hold Coach Harder LLC and Coach Harder LLC’s affiliates’ directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including attorneys’ fees, arising in any way from your use of the Web Site, your placement or transmission of any message, content, information, software or other materials through the Web Site, or your breach or violation of the law or of these Terms and Conditions. Coach Harder LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Coach Harder LLC’s defense of such claim.
The Coach Harder LLC Web Site is controlled and operated in the United States of America. We do not represent that the Web Site is appropriate or available for use in other locations. Persons who choose to access the Web Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. Coach Harder LLC Terms and Conditions of Use shall be construed in accordance with the laws of the State of Missouri. You agree to exclusive jurisdiction by the federal and state courts located in St. Louis City, Missouri or St. Louis County, Missouri, and waive jurisdictional, venue, or inconvenient forum objections to such courts.
Coach Harder LLC may terminate, change, suspend or discontinue any aspect of the Web Site or the Web Site’s services at any time. Coach Harder LLC may restrict, suspend or terminate your access to the Web Site and/or its services if we believe you are in breach of our terms and conditions or applicable law, or for any other reason without notice or liability.
Changes to Terms and Conditions of Use
Coach Harder LLC reserves the right, at its sole discretion, to change, modify, add or remove any portion of the Terms and Conditions, in whole or in part, at any time. If any provisions of these Terms and Conditions of Use is found to be unenforceable for any reason, then that provision shall be deemed severable from these Terms and Conditions of Use and shall not affect the enforceability and validity of any remaining provisions. Changes in the Terms and Conditions will be effective when posted. Your continued use of the Web Site and/or the services made available on or through the Web Site after any changes to the Terms and Conditions are posted will be considered acceptance of those changes. Please see below for the latest revision date.
Latest Revision May 28, 2014
Copyright © 2014, Coach Harder LLC | CoachHarder.com