UltimateCoach Ltd provides the site, www.UltimateCoach.co.uk (the "Site") and related services subject to your compliance with the terms and conditions of use set forth below. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. By using this Site, you have agreed to these Terms and Conditions with UltimateCoach. If you do not agree to all of the Terms and Conditions of this agreement, you may not use this Site.
UltimateCoach may make changes and update these Terms and Conditions at any time. Please check the Terms and Conditions posted at www.UltimateCoach.co.uk periodically, because your continued use of the Site will mean you accept those changes and updates.
Section 1. Individual Membership v Commercial/Professional Promotion
Membership of UltimateCoach, at the rates quoted on the website, is offered on the basis that the subscriber is a member of the general public/consumer or of a club or association interested in their own personal sporting development on a non-commercial, non-professional basis only. Any individual subscription must be used purely by the subscriber themselves be they on individual or club rates. No reproduction of any of the site material for the use of others is allowed.
Any Individual or corporate entity wishing to use content of the site as base material for their own commercial purposes must contact UltimateCoach at firstname.lastname@example.org in order that they undergo the appropriate qualitative licensing process, resulting in them becoming approved as a licensed agent of UltimateCoach. Licensed Agents will have to pay a monthly License Fee to use the UltimateCoach material but may also be entitled to Commission, on UltimateCoach customers introduced as a result of their commercial promotion. The terms of Agency will be at the discretion of the management team of UltimateCoach.
Section 2. Service Providers
UltimateCoach Ltd will act as an intermediary between you and the service providers. The services are supplied under license as follows:
The motivational CD – “Inside the Mind of a Champion” - is provided by 3D-people
When you use the UltimateCoach services, you will be entering into a contract with the various service providers, on the terms and conditions as set out as follows and as per the respective service providers websites.
UltimateCoach does not, in any way, accept responsibility for the accuracy of information, or consistency of the services delivered by our service providers or any of the 3rd party links contained within the site
Section 3. Disclaimer Regarding Medical Advice:
Any specific tests, products, or procedures that may be mentioned on the Site are for information purposes only, and UltimateCoach does not recommend or endorse any of them. You rely on any information provided by UltimateCoach, its sponsors and advertisers, or other visitors to the Site at your own risk. UltimateCoach assumes no liability or responsibility either for the contents of any material provided on the Site, or for damage or injury to persons or property arising from any use of any product, information, idea, or instruction contained in those materials. UltimateCoach reserves the right to change or discontinue any aspect or feature of this Site at any time without prior notice.
Section 4. Use of Content and Copyright:
All text, graphics and multimedia content available from the entry point URL: http://www.UltimateCoach.co.uk and pages within that domain (the "Site"), and all related code (including but not limited to HTML, other mark-up languages, and all scripts) within this Site are the property of UltimateCoach Limited and/or its affiliates. All material on this Site, including (but not limited to) images, illustrations, audio clips and video clips, is protected by copyrights that are owned or controlled by UltimateCoach or by other parties that have licensed their material to UltimateCoach (or posted to the Site pursuant to a user agreement with UltimateCoach). Material from the Site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. Modification of the materials, or use of the materials for any other purpose is a violation of copyright and other proprietary rights. The use of any such material on any other Web site or computer environment is prohibited.
"www.UltimateCoach.co.uk" and the "UltimateCoach" logo are trademarks and service marks of UltimateCoach. All other trademarks, service marks and logos used on this Site are the trademarks, service marks or logos of their respective owners.
UltimateCoach has made every effort to secure appropriate licenses and clearances for all proprietary intellectual properties used on this Site. You may notify UltimateCoach of alleged intellectual property rights infringement by emailing UltimateCoach at:
Section 5. Safety and Disclaimer of Consequential Damages:
THE USE OF THE ULTIMATECOACH SITE AND THE CONTENT IS AT YOUR OWN RISK.
The information at this Site is presented for the purpose of educating participants on the planning, motivation and general health issues regards the playing of various sports, and participation in various physical activities. No physical activity should be engaged in without first consulting a doctor. Furthermore, UltimateCoach makes no claims about the safety or appropriateness of any information found on the Site, nor about the results to be obtained from using the UltimateCoach Site or Content and consequently cannot be liable for any resulting loss, damage or injury. THE ULTIMATECOACH SITE AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ULTIMATECOACH, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. ULTIMATECOACH, ITS LICENSORS, AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS OR TIMELINESS OF THE CONTENT, SOFTWARE, TEXT, GRAPHICS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE ULTIMATECOACH SITE. ULTIMATECOACH MAKES NO WARRANTY THAT THE USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. IN NO EVENT SHALL ULTIMATECOACH, ITS LICENSORS, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED AT THE ULTIMATECOACH SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE ULTIMATECOACH, SITE OR THE CONTENT THEREOF, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ULTIMATECOACH IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Section 6. Links to Other Sites:
The UltimateCoach Site contains links to web sites of third parties ("Third Party Sites"). These links are provided solely as a convenience to you and not as an endorsement by UltimateCoach of the content on such Third-Party Sites. UltimateCoach is not responsible for the content of linked Third-Party Sites and does not make any representations regarding the content or accuracy of materials on such Third-Party Sites. If you decide to access Third-Party Sites through links on the UltimateCoach Site, you do so at your own risk. Your use of Third- Party Sites is subject to the Terms and Conditions of use for those sites.
Section 7. Advertisements:
The UltimateCoach Site contains advertisements by third parties, and these advertisements may contain links to other web sites. Unless otherwise specifically stated, UltimateCoach does not endorse any product or make any representation regarding the content or accuracy of any materials contained in, or linked to, any advertisement on the UltimateCoach Site.
Section 8. Indemnity:
You agree to defend, indemnify and hold UltimateCoach, its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Content, or the Interactive Areas in a manner that violates or is alleged to violate these Terms and Conditions. UltimateCoach shall provide notice to you promptly of any such claim, suit, or proceeding, and shall reasonably cooperate with you, at your expense, in your defence of any such claim, suit or proceeding.
Section 9. Privacy
Section 10. General:
UltimateCoach is based in England. Access to the Content may not be legal by certain persons or in certain countries. If you access the UltimateCoach Site from outside England, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Recognising the global nature of UltimateCoach, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.
Section 11. Jurisdiction:
You expressly agree that exclusive jurisdiction for any dispute with UltimateCoach, or in any way relating to your use of UltimateCoach Limited, resides in the courts of England, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of England in connection with any such dispute including any claim involving UltimateCoach or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
These Terms and Conditions are governed by the laws of England, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Section 12. Complete Agreement:
Except as expressly provided in a particular "legal notice" on the UltimateCoach Site, these terms and conditions constitute the entire agreement between you and UltimateCoach with respect to the use of the UltimateCoach Site and any content contained therein. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect or significance.