Terms and Conditions of Use
Effective as of April 28, 2018
You may only have one Microcoaching account for use of the Services. You may not create or use more than one account, and you may not share your account or any of the Services with others. All information you provide to create an account must be accurate and complete. You may not impersonate any other person or use a name that is not your own. It is your responsibility to update your account information to keep it current and accurate. When you set up an account, you must also choose a password. You are solely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another user at any time, nor to disclose your password to any third party. You agree you will not sell or share or otherwise transfer your membership or any membership rights. You agree to notify Microcoaching immediately if you suspect any unauthorized use of your account or access to your password. Microcoaching has the right to terminate your account for any reason at our sole discretion without notice to you.
Age and Residence Requirements - U.S. Jurisdiction
You understand and agree that the Services provide an interface to facilitate communications between users and Coaches and to collect payment from users on behalf of Coaches. YOU UNDERSTAND AND AGREE THAT MICROCOACHING IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN USERS AND COACHES. COACHES ARE INDEPENDENT CONTRACTORS, NOT EMPLOYEES OR AGENTS OF MICROCOACHING.
PLEASE NOTE THAT MICROCOACHING DOES NOT CONFIRM THE INFORMATION IN A COACH'S PROFILE, THEIR COMPETENCY, THEIR BACKGROUND NOR THEIR PROFICIENCY IN THE SUBJECT MATTERS WHERE THEY OFFER THEIR SERVICES. MICROCOACHING CANNOT AND DOES NOT CONTROL THE LESSON SERVICES PERFORMED BY COACHES FOR USERS (THE “LESSON SERVICES”), OR THE ACTIONS OF ANY COACHES, USERS OR OTHER USERS OF THE SERVICES. MICROCOACHING IS NOT RESPONSIBLE FOR THE ACTIONS OF COACHES, USERS, THIRD PARTIES AND OTHER USERS OF THE SERVICES. ACCORDINGLY, ANY MEETINGS (VIRTUAL OR OTHERWISE) BETWEEN USERS, COACHES OR ANY OTHER THIRD PARTIES AND ANY PURCHASES OF SERVICES PROVIDED BY COACHES ARE DONE AT THE USER'S RISK, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Microcoaching is not responsible for the use or exchange of any information or files between Coaches and users. Further, Microcoaching does not control, nor is it responsible for, the truth, accuracy, completeness, safety, timeliness, quality, legality or applicability of anything said or written by Coaches or users.
Your use of the Services may involve the exchange of information (“Shared Information”) between you and a Coach. Microcoaching is not responsible or liable for the content of such Shared Information, and such attachments may be viewed by other Microcoaching users, or by the public generally. You acknowledge sole responsibility for and assume the risk arising from the downloading or posting any such Shared Information.
The Services are owned and operated by Microcoaching. Unless otherwise explicitly specified by Microcoaching, all materials that are included in or otherwise a part of the Services, including past, present, and future versions, domain names, source and object code, the text, site design, logos, graphics, as well as the selection, assembly and arrangement thereof and the 'look and feel' of the Services (collectively, 'Microcoaching Content'), are owned, controlled, or licensed by Microcoaching or Microcoaching's third party partners. Microcoaching Content is protected from unauthorized use, copying and dissemination by copyright, trademark, patent, and other laws, rules, regulations and treaties. Any unauthorized use of Microcoaching Content is prohibited. Any unauthorized use of the materials appearing on the Services may violate copyright, trademark, patent, and other applicable laws, rules, regulations, and treaties, and could result in criminal or civil penalties.
Your License to Use Microcoaching Services and Content
User Content and Activities
When you submit, post, upload, embed, display, communicate, link to, email or otherwise distribute or publish any message, image, video, text, profile data or other material, including, without limitation, recordings of your Lesson Services with a Coach, (collectively, 'User Content') to Microcoaching, any Microcoaching employee or contractor, or any Microcoaching website, you grant Microcoaching and our affiliates, licensees, distributors, agents, representatives and other entities or individuals authorized by Microcoaching, a non-exclusive, worldwide, perpetual, unlimited, irrevocable, royalty-free, fully sublicensable (through multiple tiers) and fully transferable right to exercise any and all copyright, trademark, publicity, and database rights you have in the User Content, in any media known now or in the future, and to make, use, reproduce, copy, display, publish, exhibit, distribute, modify, sell, offer for sale, create derivative works based upon and otherwise use the User Content. You acknowledge that Microcoaching may distribute to third parties recordings of lessons in which you participate, either in their entirety or excerpts of same. In addition, you acknowledge that Microcoaching may edit any User Content you submit without your permission before making it available to third parties for viewing or other use.
In particular, you acknowledge and agree that any lessons or interactions taking place on the platform may be live streamed for public viewing. Additionally, you acknowledge that Microcoaching may use your User Content including your screen name, account information, or other information provided by you to scrape APIs and collect data about your lessons or interactions. Furthermore, you acknowledge that Microcoaching may collect this data even when you are not directly using the platform but only to the extent that Microcoaching uses the data to enhance your platform experience.Note that we may create, facilitate or display social advertisements, whereby your name, profile, photo, lesson feedback, and other qualitative or quantitative data about you or provided by you may be used to advertise products and services on your use of the Services and your interactions with Microcoaching. You agree that Microcoaching may use your name, profile picture and similar information in connection with social ads to advertise products and services based on your use of the Services and your interactions with Microcoaching, Coach’s and third parties through the Services.
You further agree that Microcoaching is free to use any ideas or concepts contained in any User Content for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and services; and creating informational articles, without any payment of any kind to you. You authorize Microcoaching to publish your User Content in a searchable format that may be accessed by users of the Services and the Internet. To the fullest extent permitted by law, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.
Microcoaching is not required to host, display, or distribute, and may remove at any time, any User Content. Microcoaching reserves the right to change the format, sizing, and any other display specifications of the Content as it sees fit.
You represent and warrant that (i) you own the User Content submitted by you on, through or in connection with the Services, or otherwise have the right to grant the licenses set forth in this section, and (ii) the posting of your User Content on, through or in connection with the Services and/or Linked Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.
Acceptable Use Policy
You are responsible for the User Content you submit through or in connection with the Services, any material or information that you transmit to other users or Coaches, and for your interactions with other users and Coaches. When you contribute, upload or otherwise provide User Content via the Services, you agree to comply with the usage rules set forth below. In addition to removing such prohibited materials, Microcoaching may terminate the responsible accounts, and/or report such activities to law enforcement authorities as appropriate.
Prohibited User Content includes, but is not limited to, material that Microcoaching determines:
- is patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner or contains nudity, excessive violence, or offensive subject matter or contains a link to an adult or otherwise objectionable website;
- posts information that poses or creates a privacy or security risk to any person;
- constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
- involves the transmission of 'junk mail,' 'chain letters,' or unsolicited mass mailing, instant messaging, or 'spamming';
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page) or solicits or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other users;
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons or providing or creating computer viruses;
- includes a photograph or video of another person that you have posted without that person's consent;
- violates or attempts to violate the privacy rights, publicity rights, copyrights, patent rights, trademark rights, contract rights or any other rights of any person.
Prohibited activities include, without limitation:
- unauthorized advertising to, or solicitation of, any user to buy or sell any products or services;
- circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of our Services;
- activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
- modifying, copying, distributing, downloading, scraping or transmitting in any form or by any means, in whole or in part, any content from the Services;
- any automated use of the Services, such as, but not limited to, using scripts to send messages or posts;
- interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services;
- using the Services in a manner inconsistent with any applicable law;
- soliciting platforms members for off platform services, or to join similar or competing platforms.
You agree that as a recipient of the Services you will not utilize your access to the Services for any unfair advantage or cheating in any games you play with third parties. The Services are intended solely to improve your skills as a player.
Notifications or receipts from Microcoaching will be delivered to you by email at the address you provided to Microcoaching when you created your account or as later updated. Microcoaching will not ask you for your personal information, account username, and password, or any of your credit or debit card information text message. If you receive such text message purportedly from Microcoaching, it is fraudulent and Microcoaching will have no responsibility for any misuse of any information you provide as a result.
You may request cancellation of your account at any time. Microcoaching may cancel your account in its sole discretion any reason, including but not limited to inactivity or misuse. Even if your account is cancelled, your User Content and any other data you have shared via the Services may persist within the Service after cancellation of your account. Upon cancellation, you agree to stop use of and delete all eDocuments, tools and other materials downloaded by you in connection with your use of the Services.
Cancellation Policy for Scheduled Services
For any services scheduled with Microcoaching Please provide 1-hour notice of cancellation or to reschedule any scheduled services. Less than 1-hour notice and NO SHOWS will result in 100% full fee charge and any gift vouchers will be voided.
From time to time, Microcoaching may issue you 'Microcoaching Credit.' Upon providing you Microcoaching Credit, to the fullest extent permitted under applicable law, Microcoaching may place limits on its use, including, without limitation, the time period in which the credit may be used, and Microcoaching Credit may not be moved from one Microcoaching Service to another.
Your purchases may be converted from physical currency (such as U.S. Dollars) to a private Virtual Currency. Any purchases of Virtual Currency have the following conditions:
- Virtual Currency Purchases are non-refundable.
- Virtual Currency may only be spent on the Microcoaching Platform.
- Virtual Currency may not be traded, used, or extracted from the Platform.
- Accounts containing Virtual Currency may not be traded, rented, shared, or sold.
- After one (1) year of inactivity, dormant Virtual Currency balances may be subject to forfeiture and cancellation on your account. Any such action will be communicated in advance to your email address on file.
- Subscriptions or other recurring activities (such as ongoing lessons) will maintain your Virtual Currency balance in good standing and preclude any forfeiture and/or cancellation.
Microcoaching Discount Codes, Bonuses, Coupons, Loyalty Programs, Points Programs & Other Promotions
From time to time, Microcoaching may offer discounts, bonuses, coupons, loyalty programs, points programs, sweepstakes, contests or other promotional incentives. These incentives typically have their own specific rules, restrictions and limitations (e.g., limiting when, how often, and under what circumstances you may be eligible for the promotion). You are responsible for carefully reviewing and complying with these applicable rules, restrictions and limitations. You agree not to engage in any self-dealing, collusion, smurfing (defined as breaking large orders or sales transactions into multiple individual transactions for the purpose of obtaining multiple discounts or payments), or otherwise gaming or defrauding the system. By participating in such promotions, you agree to be bound by the applicable rules and restrictions, and that Microcoaching, in its sole discretion, may deny payment or benefits to the fullest extent permitted under applicable law (e.g., when it believes improper activity has occurred or when a code has expired). All promotions may expire at any time without notice to recipients. Discounts apply only toward the actual base product/service rental or purchase cost; they do not apply to taxes, shipping, extension or late fees, or any other additional fees (e.g., conversion to purchase fees).
The Services may be subject to taxes in many states and foreign jurisdictions. Depending on your location and the nature of the product or service you receive from us, this may be a rental tax, sales tax and/or use tax. You are responsible for paying all such taxes.
Third Party Links, Content and Applications
There may be links from the Services, or from communications you receive from the Services, to third party web sites or online features. The Services also may include third party content that we do not control, maintain or endorse.
Functionality on the Services also permits interactions between the Services and third party web sites or online features, including applications that connect the Services or your profile on the Services with a third party site. Using this functionality typically requires you to login to your account on the third party website. We do not control any of these third party sites or any of their content. Neither Microcoaching nor its service providers are responsible for the practices of any third party. Accordingly, you expressly acknowledge and agree that we make no representations or warranties about the completeness, accuracy, or existence of any advertising, products, or other materials in any third party content or on or available from third party sites or online features.
Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, MICROCOACHING AND ITS SUBSIDIARIES, DIRECTORS, EMPLOYEES, MANAGERS, OFFICERS, AGENTS, REPRESENTATIVES, AND COACH AND OTHER SUPPLIERS (COLLECTIVELY THE 'MICROCOACHING PARTIES') SPECIFICALLY MAKE NO REPRESENTATIONS, WARRANTIES, OR ENDORSEMENTS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO (A) THE SERVICES, INCLUDING WITHOUT LIMITATION THE LESSON SERVICES AND/OR THE EXPERIENCE OR QUALIFICATIONS OF THE COACHES; (B) THE MICROCOACHING CONTENT; (C) USER CONTENT; AND/OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO MICROCOACHING OR VIA THE SERVICES. IN ADDITION, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MICROCOACHING PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, AND QUIET ENJOYMENT.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE MICROCOACHING PARTIES SPECIFICALLY DO NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER, NETWORK OR OTHER SOFTWARE AND EQUIPMENT THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MICROCOACHING DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE CONTENT OF ITS PRODUCTS, WEBSITES OR SERVICES, OR REGARDING THE RESULTS OF THE USE OF THE SERVICES IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, RELIABILITY, USEFULNESS OR OTHERWISE. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE MICROCOACHING PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE MICROCOACHING PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES.
BY ACCESSING OR USING THE SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICES.
THE MICROCOACHING PARTIES ARE NOT RESPONSIBLE FOR THE USER CONTENT, ACCURACY OR OPINIONS EXPRESSED IN USER CONTENT POSTED OR PROVIDED BY THIRD PARTIES ON THE SERVICES OR LINKED SERVICES, AND SUCH SERVICES ARE NOT NECESSARILY INVESTIGATED, MONITORED OR CHECKED FOR ACCURACY OR COMPLETENESS BY MICROCOACHING. INCLUSION OF ANY LINKED WEBSITE OR FEATURE ON THE SERVICES DOES NOT IMPLY APPROVAL OR ENDORSEMENT OF THE LINKED WEBSITE OR FEATURE BY MICROCOACHING. POSTS AND LINKED SERVICES CREATED AND POSTED BY USERS ON, THOUGH OR IN CONNECTION WITH THE SERVICES MAY CONTAIN LINKS TO OTHER WEBSITES OR SERVICES. MICROCOACHING TAKES NO RESPONSIBILITY FOR THIRD PARTY ADVERTISEMENTS OR LINKED SERVICES THAT ARE POSTED ON, THROUGH OR IN CONNECTION WITH THE SERVICES OR LINKED SERVICES, NOR DOES IT TAKE ANY RESPONSIBILITY FOR THE GOODS OR SERVICES PROVIDED BY THESE THIRD PARTIES. THIS 'DISCLAIMERS' SECTION SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF YOUR RELATIONSHIP WITH MICROCOACHING.
Limitations of Liability - Waiver
IN NO EVENT SHALL THE MICROCOACHING PARTIES BE LIABLE FOR ANY INDIRECT, ECONOMIC, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES RELATED TO: (A) THE SERVICE; (B) THE MICROCOACHING CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE MICROCOACHING PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITE; (F) ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICES' TECHNICAL OPERATION; OR (H) ANY DAMAGE THAT RESULTS FROM EVENTS BEYOND OUR REASONABLE CONTROL, SUCH AS DAMAGES TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE MICROCOACHING PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE MICROCOACHING PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED THE AMOUNTS PAID BY YOU, IF ANY, TO MICROCOACHING IN THE PAST SIX MONTHS. THE PRIOR LIMITATION ON DAMAGES IS NOT INTENDED TO LIMIT THE MICROCOACHING PARTIES’ OBLIGATION TO PAY PREVAILING PARTY COSTS OR FEES IF RECOVERABLE PURSUANT TO APPLICABLE LAW. THIS SECTION SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF YOUR RELATIONSHIP WITH MICROCOACHING.
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF THE MICROCOACHING PARTIES' ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MICROCOACHING CONTENT OWNED OR CONTROLLED BY THE MICROCOACHING PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MICROCOACHING CONTENT OWNED OR CONTROLLED BY THE MICROCOACHING PARTIES.
Software related to or made available by the Services may be subject to United States export controls. Thus, no software from the Services may be downloaded, exported or re-exported: (a) into (or to a national or resident of) Cuba, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list. Further, by using any of the Services, you represent and warrant that you are not on any United States government list of restricted or prohibited persons with whom a United States company may do business.
Arbitration Process—A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Delaware and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure—Unless you and Microcoaching otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Microcoaching submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Fees—Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Microcoaching will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
This 'Legal Disputes' section shall survive any expiration or termination of your relationship with Microcoaching.
If you have any questions or concerns regarding the Services, please write to us at firstname.lastname@example.org.