Welcome to the SmartCoach website ("Site"). This site is presented to you by SmartCoach, Inc. (“SmartCoach”). SmartCoach maintains this Site to provide general information to our visitors. All use of this Site is subject to the following terms and conditions ("Terms of Use"). SmartCoach reserves the right to update these Terms of Use at any time with or without notice to you. By accessing and browsing this Site, you agree to be bound by these Terms of Use.
Certain Features Subject to Other Terms Some of the features offered through this Site may be subject to terms of use, rules and policies in addition to or in lieu of these Terms of Use. If you choose to use any of those features, you agree that your use thereof will be subject to such additional or separate terms of use, rules and/or policies, as applicable.
Copyright This Site, including all text, images, software and other content contained herein, is the property of SmartCoach or its suppliers and is protected by United States and international copyright laws. The compilation and arrangement of all content on this Site is the exclusive property of SmartCoach and is protected by United States and international copyright laws. All rights are reserved hereby.
Trademarks All of SmartCoach's marks, graphics, logos, designs and trade names used and displayed on this Site are service marks or trademarks of SmartCoach and are the sole and exclusive property of SmartCoach. The "look and feel" of this Site constitutes proprietary trade dress of SmartCoach. All other trademarks not owned by SmartCoach that appear on this Site are the property of their respective owners. You may not use any such marks for any purpose whatsoever without the express prior written permission of the owner.
Use of Site and Restrictions You may view and print material displayed on this Site subject to the following conditions: (a) the materials may be used solely for your own, personal information and not for commercial use; and (b) you must retain without modification all copyright, trademark and other proprietary notices affixed to or contained in the materials you print and all copies thereof. You may not copy or otherwise use this Site or any portion hereof, except as expressly provided above. You may not republish, frame, or otherwise exploit, modify, alter, reverse engineer or prepare derivative works from this Site or any portion hereof, except with the express prior written permission of SmartCoach. Use of data mining, robots and similar data gathering and extraction tools is expressly prohibited. Links to this Site may not be made to any page other than the home page of this site (i.e., no deep linking) without the express prior written permission of SmartCoach. Nothing contained in this Site shall be construed as conferring by implication, estoppels or otherwise any license or right under any copyright, patent, trademark or other proprietary interest of SmartCoach or any third party. Any rights not expressly granted herein are reserved.
Registration In order to access certain features of this Site you may be required to register and obtain a unique username and password. In connection with any such registration, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form; and (b) maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, SmartCoach has the right to suspend or terminate your account and refuse any and all current and future use of this Site or any portion hereof. You are solely responsible for maintaining the strict confidentiality of your username and password and for any charges, costs, expenses, damages, liabilities and losses you or SmartCoach may incur or suffer as a result of your failure to do so. Furthermore, you are entirely responsible for any and all activities that occur under your username and password and for ensuring that use of your account complies fully with these Terms of Use. To reduce the risk that others will gain unauthorized access to your account, you must ensure that you "log out" from your account at the end of each session. You further agree to immediately notify SmartCoach of any unauthorized use of your account or any other breach of security. You may not use anyone else's account, at any time, without the permission of the account holder.
No Rendering of Advice The information contained in or made available through this Site is provided for informational purposes only and should not be construed as rendering professional advice of any kind. Your use of this Site does not give rise to a client, advisory, fiduciary or professional services relationship between you and SmartCoach.
Accuracy of Information While SmartCoach uses reasonable efforts to furnish accurate and up-to-date information, it does not warrant that any information contained in or made available through this Site (including, without limitation, any information provided directly by representatives of SmartCoach or periodically through our notices) is accurate, complete, reliable, current or error-free. SmartCoach assumes no liability or responsibility for any errors or omissions in the content of this Site or such other materials or communications.
Disclaimer of Warranties and Limitations of Liability THIS SITE IS PROVIDED BY SMARTCOACH ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SMARTCOACH AND ITS AFFILIATES AND SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, SMARTCOACH AND ITS AFFILIATES AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE OPERATION OR AVAILABILITY OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR MADE AVAILABLE THROUGH THIS SITE. SMARTCOACH DOES NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR SECURE, OR THAT THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SMARTCOACH AND ITS AFFILIATES AND SUPPLIERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR IN CONNECTION WITH THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, GOODWILL, DATA OR USE), EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION SHALL APPLY REGARDLESS OF THE FORM OF ACTION AND WHETHER IN CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, YOU MIGHT HAVE ADDITIONAL RIGHTS.
Links to Third Party Websites For your convenience, this Site may provide hyperlinks to websites and servers maintained by third parties. SmartCoach does not control, evaluate, endorse or guarantee content found in such sites. SmartCoach does not assume any responsibility or liability for the actions, products, services or content of such sites or the parties that operate them. You should carefully review their privacy statements and conditions of use. Your use of such sites is entirely at your own risk.
Feedback and Other Submissions All comments, feedback, suggestions, ideas and similar submissions furnished to SmartCoach in connection with your use of this Site shall be deemed assigned to and shall remain the property of SmartCoach. No such submissions shall be subject to any obligation of confidence on the part of SmartCoach, and SmartCoach shall be entitled to unrestricted use and disclosure of such submissions throughout the world for any purpose whatsoever, commercial or otherwise, without any obligation to compensate you for such use or disclosure. You represent that you have the lawful right to furnish such submissions to SmartCoach and agree that you will not submit any information unless you are legally entitled to do so.