Terms and Conditions
Terms and Conditions
Please read the following terms-conditions carefully before using this site.
This Web site is provided by CoachComm and may be used for informational purposes only. By using the site or downloading materials from the site, you agree to abide by the terms and conditions set forth in this notice. If you do not agree to abide by these terms and conditions, do not use the site or download materials from the site.
Subject to the terms and conditions set forth in this Agreement, CoachComm grants you a non-exclusive, non-transferable, limited right to access, use and display this site and the materials thereon. You agree not to interrupt or attempt to interrupt the operation of the site in any way.
CoachComm authorizes you to view and download the information (“Materials”) at this Web site (“Site”) only for your personal, non-commercial use. This authorization is not a transfer of title in the Materials and copies of the Materials and is subject to the following restrictions: 1) you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials; 2) you may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; and 3) you must not transfer the Materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions of use. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. This Site, including all Materials, is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, CoachComm does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.
THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. COACHCOMM DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. COACHCOMM RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. COACHCOMM MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.
THIS SITE, THE INFORMATION AND MATERIALS ON THE SITE, AND THE SOFTWARE MADE AVAILABLE ON THE SITE, ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
As a convenience to you, CoachComm may provide, on this Site, links to Web sites operated by other entities. If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. CoachComm makes no warranty or representation regarding, and does not endorse, any linked Web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that CoachComm or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of CoachComm or any of its affiliates or subsidiaries.
External Links to the Site
All links to the Site must be approved in writing by CoachComm, except that CoachComm consents to links in which: (i) the link is a text-only link containing only the name “CoachComm”; (ii) the link “points” only to www.CoachComm.com and not to deeper pages; (iii) the link, when activated by a user, displays that page full-screen in a fully operable and navigable browser window and not within a “frame” on the linked website; and (iv) the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with or sponsored by CoachComm nor be such as to damage or dilute the goodwill associated with the name and trademarks of CoachComm or its Affiliates. CoachComm reserves the right to revoke this consent to link at any time in its sole discretion.
Information Provided By You
Limitation of Damages
IN NO EVENT SHALL COACHCOMM OR ANY OF ITS SUBSIDIARIES BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, EVEN IF COACHCOMM IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CoachComm reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement in whole or in part, at any time. Changes in this Agreement will be effective when notice of such change is posted. Your continued use of the Site after any changes to this Agreement are posted will be considered acceptance of those changes.
CoachComm may terminate, change, suspend or discontinue any aspect of the CoachComm Site, including the availability of any features of the Site, at any time. CoachComm may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. CoachComm may terminate the authorization, rights and license given above and, upon such termination, you shall immediately destroy all Materials.
International Users and Choice of Law
This Site is controlled, operated and administered by CoachComm from its offices within the United States of America. CoachComm makes no representation that materials at this site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the Materials in violation of U. S. export laws and regulations. If you access this Site from locations outside of the United States, you are responsible for compliance with all local laws. These Terms and Conditions of use shall be governed by the laws of the State of New York, without giving effect to its conflict of laws provisions.
This Agreement constitutes the entire agreement between CoachComm and you with respect to your use of the Site. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.
Copyright and Trademark Information
CoachComm, The CoachComm logo, Tempest, Tempest NG, Tempest FX, Connex, PowerEdit, QuickEdit and all other trademarks, unless otherwise noted, are owned or licensed by CoachComm and its subsidiaries and/or partners. All other brand names, product names, or trademarks belong to their respective holders. Connex is a registered trademark of CoachComm, LLC. ®
Adobe®, Acrobat® and Reader® are either registered trademarks or trademarks of Adobe Systems Incorporated in the United States and/or other countries – for further details please see http://www.adobe.com.
Macromedia® and Flash® are trademarks or registered trademarks of Macromedia, Inc. in the United States and/or other countries – for further details please see http://www.macromedia.com.
Microsoft®, Word®, Excel®, PowerPoint®, and Windows® are either registered trademarks or trademarks of Microsoft Corporation in the United States and/or other countries – for further details please see http://www.microsoft.com.