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ACCEPTANCE OF TERMS
Welcome to the All Coach Sports online store. All Coach Sports provides an online shopping cart service to you subject to the following Terms of Service (TOS), which may be updated by us periodically.
BY LOGGING ON TO ALL COACH SPORTS AS A GUEST, COMPLETING THE REGISTRATION AND/OR LOGGING IN, YOU ARE AGREEING TO THE TOS WHICH MAY BE MODIFIED FROM TIME TO TIME.
These TOS govern your use of the online store (service), as defined henceforth. All Coach Sports shall not be held liable to you for any breach of these TOS. If you do not agree to these TOS, please do not register for or enter the Service. The Terms of Service for your continued use of the service is available for you to view at http://allcoachsports.com/shop/conditions.php. Please check this area before using the service to view any updates that may have been made to the TOS. If you do not agree to the changes in the TOS as they are updated, please terminate your registration with the service immediately. Termination of registration may be done by either:
1. Notifying All Coach Sports of your unwillingness to accept the changes to the TOS;
2. Discontinuing your use of the service (your continued use of the service will signify your acceptance of any change in the terms and conditions as defined henceforth).
DESCRIPTION OF SERVICE
The All Coach Sports service provides users with access to a real-time interactive shopping cart. Unless otherwise clearly stated, any new features which augment or enhance the current service, including the release of new online resources, will be subject to the TOS. In order to use the service, you must obtain access to the internet, either directly or through devices that allow access to web-based content, and pay any service fees associated with such access. You must provide all equipment necessary to make such connection to the internet, including a computer, modem or other device.
YOUR REGISTRATION RESPONSIBILITY
In concern to use of the service, you agree to:
a) Provide factual, exact, current and complete information about yourself during the registration process (Registration Information).
b) Maintain and immediately update your registration information to keep it factual, exact, current and complete.
c) All Coach Sports reserves the right to cancel or suspend your registration if any registration is found to be non-factual, inexact, not current or incomplete or if All Coach Sports has any reasonable position to suspect that your information is not as such. All Coach Sports also has the right to suspend refuse any and all current or future use of the service.
PRIVACY POLICY
All Coach Sports will never disclose any information contained through your registration to third parties, except as specifically authorized by you or in the event that such action is reasonably necessary to comply with the law, legal process, to enforce the TOS.
MEMBER CONDUCT
You, the Member, agree that all content (including data, text, software, music, sound, photos, graphics, video, messages or other materials), whether publicly posted or privately transmitted, are the sole responsibility of the person from which the content was derived. Therefore you, not All Coach Sports, are solely responsible for all content that uploaded, posted or otherwise transmitted through the Service. All Coach Sports does not control content posted through the service thus does not guarantee the accuracy, reliability or quality of such. You, the Member, agrees that by using the service, you may be exposed to content that could be viewed as offensive or objectionable.
You agree to not use the Service to:
1. post, upload or transmit any content that may be deemed unlawful, damaging, threatening, abusive, harassing, tortuous, slanderous, crude, obscene, invasive of privacy, hateful, or racially, ethnically or otherwise intolerable;
2. harm a minor in any way, shape or form;
3. impersonate another person or entity, including, but not limited to an All Coach Sports employee, or falsely state or misrepresent your affiliation in any way with another person or entity;
4. falsify headers or manipulate identifiers in any way to disguise the origin of any content transmitted via the service;
5. post, upload, or transmit any content that you have no right to transmit by law or under contractual relationships;
6. post, upload or transmit any content that breaches any patent, trademark, trade secret, copyright or other proprietary rights of any person or entity;
7. upload, post or transmit any unsolicited or unauthorized advertising material, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
8. post, upload or transmit any content that contains viruses or malicious codes, files or programs designed to interrupt, destroy or limit the use of computer software or hardware or transmission equipment;
9. interfere with or disrupt the service or network connected to the service, or violate any procedures, policies or regulations of network connected to the service;
10. intentionally or unintentionally violate any relevant local, state, national or international law, such as regulations circulated by the U.S. Securities and Exchange Commission, any laws of any national or other securities exchange, such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations under lawful jurisdiction;
11. harass an individual or entity in any way;
12. have multiple All Coach Sports user names or accounts.
You understand and agree that All Coach Sports may ban you from future use of the Services if you do not comply with the standards of conduct and these TOS, even if you attempt to use the services using a different name. You also acknowledge and agree that All Coach Sports may recover damages from you if you infringe these terms.
Remedies for Breach of these Terms of Service / Injunctive Relief
If All Coach Sports determines, in its sole discretion, that you have violated any portion of these TOS or have demonstrated conduct inappropriate for the website, All Coach Sports reserves the right, without limiting any and all other rights and remedies available to DUI under applicable law, to:
1. send you a warning via e-mail that you have violated the TOS;
2. discontinue your registration with All Coach Sports;
3. notify & fully cooperate (including sending content to) with the appropriate law enforcement authorities for further action believed appropriate by All Coach Sports.
You understand that it is impossible to gauge all of All Coach Sports damages for the violation of certain provisions of the TOS. Consequently, if you violate or threaten to violate any of your obligation, All Coach Sports is fully within its rights, without presenting or proving any actual damage sustained, to a temporary restraining order and will be entitled to apply for a preliminary ruling, permanent ruling, and/or order undeniable specific performance, to prevent the violation of your obligations under the TOS. Nothing in the TOS will be interpreted as prohibiting All Coach Sports from pursuing or obtaining any other solutions as available to it for actual or threatened violation including, but not limited to, recovery of damages.
SPECIAL PROVISIONS FOR INTERNATIONAL USE
Understanding the global nature of the internet, you understand and agree that All Coach Sports does not ship to countries outside the United States unless special arrangements are made via email or telephone.
INDEMNITY
You agree to indemnify and hold All Coach Sports, and its officers, employees or partners safe from any claim or demand, including attorneys fees, made by any third party resulting from your content, your use of the service, your connection to the service, your violation of the TOS, or your violation of any rights of another.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service, use of the service, or access to the service.
MODIFICATIONS TO SERVICE
All Coach Sports reserves the right, at any time, to modify or discontinue, temporarily or permanently, the service without notice. You agree that All Coach Sports will not be held liable to you or to any third party for any modification, suspension or disruption of the service.
TERMINATION
You agree that All Coach Sports, under its sole discretion, may terminate your password, the All Coach Sports online site, your use of the service and remove and dispose of any content within the service for any reason including (but not limited to) lack of use or if All Coach Sports suspects violation on your part of the TOS. All Coach Sports may also under its sole discretion at any time discontinue providing the service to you with or without notice. You understand and agree that any termination of your access to the service under any provision of this TOS may be effected without prior notice, and understand and agree that All Coach Sports may immediately deactivate your All Coach Sports account and all related information without notices. Further, you understand and agree that All Coach Sports will not be held liable to you or any third-party for any termination of your access to the service.
LINKS
The service may provide links to other internet sites or resources. All Coach Sports has no control over such sites and resources, therefore, you understand and agree that All Coach Sports is not responsible for the availability of linked sites or resources, and does not endorse, nor is it responsible or liable for any content or other materials on linked sites or resources. You further understand and agree that All Coach Sports will not be held responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of our trust on any such content, goods or services available on or through any linked site or resource.
PROPRIETARY RIGHTS
You understand and agree that any content contained in the information presented to you through the service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Unless specifically approved by All Coach Sports, you concur that you will not alter, distribute or generate imitative works based on the service, in whole or in part.
All Coach Sports grants you a personal and non-exclusive right to view the content on a single computer provided that you do not alter, distribute or generate imitative work of, or otherwise transfer any portion of the content. You understand and agree that you will not access or attempt to access the service by any means other than through the means provided by All Coach Sports for use in accessing the service.
DISCLAIMER OF WARRANTIES
YOU FULLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR INDIVIDUAL RISK. THE SERVICE IS PROVIDED ON AN "AS IS/AS AVAILABLE" BASIS. ALL COACH SPORTS SPECIFICALLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ALL COACH SPORTS MAKES NO WARRANTY THAT:
1. THE SERVICE WILL MEET YOUR REQUIREMENTS;
2. THE SERVICE WILL BE UNINTERRUPTED, FULLY SECURE, OR ERROR-FREE;
3. THE RESULTS OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE;
4. ERRORS FOUND IN THE SOFTWARE WILL BE CORRECTED.
MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICE IS DONE USING YOUR OWN JUDGEMENT AND AT YOUR OWN RISK AND YOU WILL BE FULLY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO INFORMATION, VERBAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICE CREATES ANY WARRANTY NOT SPECIFICALLY STATED IN THE TOS.
LIMITATION OF LIABILITY
YOU FULLY ACKNOWLEDGE AND AGREE THAT ALL COACH SPORTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OR OTHER LOSSES EVEN IF ALL COACH SPORTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES RESULTING FROM:
1. THE USE OR INABILITY TO USE THE SERVICE;
2. THE COST OF PURCHASING SUBSTITUTE GOODS RESULTING FROM ANY GOODS, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE;
3. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
4. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;
5. ANY OTHER MATTER RELATING TO THE SERVICE
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
NOTICES
Notices to you may be sent via email or regular mail. The service may also offer notices of changes to the TOS or other matters by posting notices or links to you on the service.
COMPLIANCE
Persons must be 18 years or older to register and use the All Coach Sports online store. Registration by persons under the age of 18 is prohibited.
GENERAL INFORMATION
The TOS represent the agreement between yourself and All Coach Sports and determine your use of the service, overriding any previous agreement between yourself and All Coach Sports including, but not limited to, any prior versions of the TOS. The TOS and the relationship between you and All Coach Sports will be governed by the laws of the State of Florida. By using and/or registering for the service, you consent and surrender to the jurisdiction and venue of the state and federal courts of Florida for any and all actions evolving from or relating to the services and/or this TOS.
The failure of All Coach Sports to impose any right or provision of the TOS will not constitute a waiver of such right or condition. If any condition of the TOS is found by a court of knowledgeable jurisdiction to be invalid, the parties agree that the court should attempt to give effect to the party’s intentions as echoed in the condition, and the other provisions of the TOS remain in full force and effect. You understand and agree that regardless of any statute or law to the contrary, any claim or cause of action occurring out of, or related to, use of the service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for ease of use only and have no legal or contractual effect.
VIOLATIONS
Please report any violations of the TOS to us using our contact form.
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