Team Coaching International Electronic Media Agreement
Terms and Conditions of Use, Privacy Statement and Conditional License
Welcome! Whether you are visiting Team Coaching.com, participating in interactive chat and forum, discussion area (Interactive Area), or are professional or team member using any program or service of Team Coaching International ("TCI"), we want you to know the "rules of the road" for your use. We will refer to any TCI website, disc, and e-mail, and the content thereof, including without limitation information, software, photographs, audio and video clips, graphics, links and other material, individually and together, as "TCI Electronic Media." Please read this Agreement carefully before accessing or using TCI Electronic Media. By accessing or using TCI Electronic Media, you agree to be bound by this Agreement. If you do not agree to be bound by this Agreement, you may not use TCI Electronic Media. Your use of TCI Electronic Media shall also be subject to the terms and conditions of any separate contractual agreement between you (and/or your employer) and TCI.
Terms and Conditions of Use
TCI may modify these terms and conditions of use at any time, in its sole discretion, and such modifications shall be effective immediately upon posting. You agree to review this Agreement periodically to be aware of such modifications. You further agree that your continued access or use of TCI Electronic Media shall be deemed your conclusive acceptance of the modified Agreement. By using this Website you acknowledge that TCI has no obligation to provide this TCI Electronic Media and may alter or end this TCI Electronic Media at any time, in its sole discretion.
1. Participation Your participation in on-line communications is not edited, censored, or otherwise controlled by TCI. TCI does not and cannot screen content provided by users. Nevertheless, TCI reserves the right to monitor content on TCI Electronic Media and to remove content which TCI, in its sole discretion, determines to be harmful, offensive, illegal, or in violation of these Terms and Conditions of Use. The following rules shall apply:
A. You must use your real name in all online communications.
B. You may not post or transmit any material which TCI in its sole discretion deems indecent, obscene, pornographic, defamatory, threatening, abusive, offensive and/or harmful, which discloses private or personal information concerning any person, any material which would violate the property rights of others including, without limitation, copyrighted text, images, audio files, or programs, trade secrets, or other confidential or proprietary information, nor use trade marks or TCI Electronic Media marks in an infringing manner.
C. You may not interfere with others' use of TCI Electronic Media.
D. You may not post or transmit any destructive programming or files, including without limitation code or files containing viruses, Trojan horses, or worms.
E. You may establish hyperlinks to our Home Page for your own use, but may not link to other pages within our site. You may not create any link to our Website for any commercial purpose, nor use any other technology, such as framing, which suggests to others that our Website is provided or sponsored by anyone other than TCI.
F. You may not post or transmit any charity requests, petitions, chain letters or messages pertaining to multi-level marketing or pyramid schemes, advertising, promotional materials or other solicitations of others to provide or acquire goods or TCI Electronic Media.
G. You may not use TCI Electronic Media to conduct any illegal activity or to solicit any illegal activity or other activity that infringes the rights of others.
2. Trademarks TCI™ Team Coaching™, Team Coaching International™, Team Diagnostic™ and Team Coaching Intensive™ are trademarks and service marks of TCI. Other marks that appear on this Web site may be marks of third parties not affiliated with TCI. TCI makes no claim to rights in such marks. You gain no right to use any marks of TCI or any other entity by virtue of your use of this TCI Electronic Media. Names of products or services, images of people, places or products, information, software, scripting, text, video, graphics, music, sounds and other materials and services (collectively "Content") displayed or accessed on TCI Electronic Media are either the property of, or used with permission by, TCI. The use of the Content by you, or anyone else authorized by you, is strictly prohibited unless specific permission is provided elsewhere on TCI Electronic Media. Any unauthorized use of the Content may violate U.S. and international copyright laws, trademark laws, the laws of privacy and publicity and/or communications regulations and statutes and/or treaty provisions. In addition to the rights TCI has in the individual elements of the Content, TCI also owns a copyright in the selection, and arrangement of the Content. All of TCI trademarks, logos and service marks (collectively "Trademarks") displayed on TCI Electronic Media are the registered and common-law trademarks of TCI International.
3. License Nothing contained on TCI Electronic Media will be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on TCI Electronic Media without the prior written permission of TCI. Your use of the Trademarks displayed on TCI Electronic Media, or any other Content displayed on this Site, except as provided in these terms and conditions, is strictly prohibited. You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the content, in whole or in part, except as otherwise expressly permitted in this Agreement. Content consisting of downloadable software may not be reverse-engineered or decompiled unless specifically authorized by the owner of the software's patent and or copyright. Subject to the provisions of this Agreement, you may post any content owned by you (such as your original statements), content for which you have received express permission from the owner, and content in the public domain. You assume all right and responsibility for determining whether any content is in the public domain. You grant to Team Diagnostic the right to edit, copy, publish, distribute, translate and otherwise use in any medium and for any purpose any content that you place on the Web Service without compensation to you. You represent and warrant that you are authorized to grant all rights set forth herein.
4. Copyrights. The entire contents of this Website and the TCI materials accessed through this Website are copyrighted under U.S. copyright laws. You may print or download only one copy of portions of material from the different areas of TCI Electronic Media solely for your own non-commercial use subject to the other terms and conditions of use for this TCI Electronic Media (including, without limitation, the confidentiality provisions and the provisions of your separate contractual agreements with TCI). TCI does not warrant or represent that any materials on this TCI Electronic Media will not infringe on the rights of third parties not affiliated with TCI, and the user of any such content assumes full liability for any damages arising our of or relating to such permitted use. Any other transmission, modification, re-use, posting, copying, distribution or publication of any material is strictly prohibited without the express written consent of TCI and of any third party who has supplied information to TCI Electronic Media. You agree not to delete or modify any proprietary notices from materials downloaded from TCI Electronic Media. You may not download content TCI Electronic Media that is indicated to be for sale except under the terms of the sale. Except as expressly permitted herein, no copying, storage, redistribution or publication of any content is permitted without the express permission of TCI or the owners of such content or their authorized persons, if other than TCI.
5. Use of Submissions You hereby grant TCI a non-exclusive, royalty free, paid up, perpetual, worldwide license, with the right to sublicense, reproduce, distribute, transmit, create derivative works of, publicly display and perform (in all existing or future media) any information (including without limitation ideas for new or improved products and TCI Electronic Media) which you may submit to public areas of TCI Electronic Media, including without limitation Bulletin Boards, forums, and news groups, or submit directly to us via email. You agree that you shall have no recourse against TCI for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us.
6. No Endorsement of Third Party Information, Products, or TCI Electronic Media You understand and agree that, except for information, products and/or services clearly identified as being supplied by TCI, TCI does not operate, control or endorse any information, product or service on the Internet, and inclusion of a reference or link to any such non-TCI information does not constitute an endorsement, guarantee or warranty of any kind whatsoever.
7. Limited Warranty and Limitation of Remedies You understand and agree that TCI does not warrant that files available for download will be free of viruses, worms, Trojan horses or other destructive programming. You are responsible for implementing procedures sufficient to satisfy your needs for data back up and security. You agree that TCI shall not be liable for any cost or damage arising directly or indirectly from any such code. You assume total responsibility and risk for your use of TCI Electronic Media and of the Internet. TCI does not warrant that TCI Electronic Media will be uninterrupted or error-free or that defects in TCI Electronic Media will be corrected. TCI Electronic Media and any software or information made available on TCI Electronic Media are provided on an "AS IS, AS AVAILABLE" basis. While TCI will try to provide accurate and timely information through TCI Electronic Media, there may be inadvertent technical or factual inaccuracies and typographical errors. TCI does not warrant the accuracy, completeness or timeliness of the information, links, or other items provided through TCI Electronic Media. TCI specifically disclaims all liability for errors or omissions in, or the misuse or misinterpretation of, any information obtained through TCI Electronic Media. You must determine for yourself the accuracy or applicability of information, advice, opinion or views, and seek professionals trained and experienced in the subject area with questions or concerns. TCI specifically disclaims all warranties of merchantability, fitness for a particular purpose, or other express or implied warranties. TCI disclaims all warranties, express or implied, to any third party. TCI reserves the right to make changes and corrections to TCI Electronic Media and/or the information provided through TCI Electronic Media, at any time, without notice. TCI shall not be liable for any incidental, consequential, or indirect damages arising out of the use or inability to use TCI Electronic Media, or any information provided on TCI Electronic Media or hyperlinks from TCI Electronic Media, even if TCI has been advised of the possibility of such damages, or any claim resulting from errors, omissions, or other inaccuracies in TCI Electronic Media and/or materials or information downloaded through or hyperlinked from TCI Electronic Media. SOME STATES DO NOT ALLOW EXCLUSION Of IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE DURATION OF ANY IMPLIED WARRANTY AND THE REMEDY FOR BREACH THEREOF SHALL BE LIMITED TO THE DURATION AND REMDIES PROVIDED FOR EXPRESS WARRANTIES SET FORTH HEREINT, AND THE LIABILITY OF TCI, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
8. Indemnity You agree to defend, indemnify, and hold TCI, its officers, directors, shareholders, affiliates, agents, employees, and licensors harmless and to defend them against all claims, losses, expenses, damages and costs, including without limitation reasonable attorneys fees, resulting from any violation of this Agreement by you.
9. Governing Law; Jurisdiction and Venue; Limitation of Actions This Agreement shall be governed and construed in accordance with the laws of the State of California applicable to agreements and performed in California, excluding any conflicts of laws statutes and the United Nations Convention on the International Sales of Goods. The laws of the United States shall apply when California State law does not. You agree that any legal action or proceeding between TCI and you concerning this Agreement, TCI Electronic Media, or the parties' other contractual relationships shall be brought exclusively in the courts of the State of California and you hereby consent to the subject matter and personal jurisdiction of such courts. Any cause of action or claim you may have with respect to TCI Electronic Media must be brought within one year after the claim or cause of action arises or it shall be barred. TCI's failure to insist upon or enforce strict performance of any provision f this Agreement shall not be construed as a waiver of such provision or right. Neither the course of dealing between the parties nor the practices of others in a similar trade, business, or industry shall act to modify any provision of this Agreement. TCI may assign its rights and duties under this Agreement to any party at any time without notice.
10. Security Access to TCI Electronic Media is based upon the nature of your relationship with TCI and use of a User Login ID and password where applicable. TCI Electronic Media will provide commercially available, reasonable security measures. However, you understand and acknowledge that certain risks are inherent in the transmission of information over the Internet and you agree to assume the risk for the transmission of information you provide to use this Site. You agree that you will access only those areas of TCI Electronic Media and only that information on TCI Electronic Media pertaining to you and only as authorized by your employer and TCI. You further agree that only authorized persons shall be provided with your assigned User Login ID and password, that you are solely responsible for controlling and/or authorizing access to or use of the User Login ID and password, and that you shall be solely liable for all authorized and unauthorized access using the User Login ID and password. Without limiting any other provision of this Agreement, you agree, for yourself and your employer, that TCI shall have no liability for any claim, loss or damages arising out of access to TCI Electronic Media by anyone using your Login ID and/or password. You agree to change your password at least once every 90 days, or more frequently as may be requested by TCI.
11. Confidentiality You agree that the information you receive through TCI Electronic Media is confidential. You agree not to try to access and not to access any information through TCI Electronic Media which does not pertain to you and which you are not properly authorized to receive. You agree that if you access information about another individual or entity, or otherwise receive information you are not authorized to receive, or if you become aware that someone else has accessed information that person was not authorized to receive, you will immediately cease such unauthorized access, notify TCI of the unauthorized access, and assist TCI in identifying and correcting the circumstances which permitted such unauthorized access. All information you receive concerning another individual or entity will be kept confidential, shall be returned to TCI immediately, shall not be transmitted to any other person or entity, and shall not be retained in any electronic or other form.
12. Termination; Survival of Terms The provisions of this Agreement shall survive termination of TCI Electronic Media, your use of TCI Electronic Media, and your other contractual and legal relationships with TCI. All rights not expressly granted herein are reserved.
13. Completeness This Agreement constitutes the complete agreement and understanding between the parties relating to Licensed Software and updates thereto. This Agreement supersedes all prior agreements, understandings, and negotiations whether written or verbal with respect to the subject matter thereof. This Agreement can only be modified by a written agreement signed by both parties. If any provision of this Agreement shall be held to be unenforceable, such holding shall not affect the enforceability of any other provision hereof, and such provision shall be deemed amended so as to be enforceable to the maximum extent provided by law.
14. Government Licensee If you acquire any TCI service or product as, or on behalf of, the United States Government, the Government acknowledges and agrees that the service or product and related documentation were developed at private expense and no part of the service or product or related documentation is in the public domain. The Government acknowledges that the service or product is "Restricted Computer Software" as defined in the Department of Federal Acquisition Regulation Supplement (DFARS), and agrees that:
a) If the service or product is supplied to the Department of Defense (DOD), the service or product is classified as "Commercial Computer Software" and the Government is acquiring only "restricted rights" in the Licensed Software and related documentation defined in the DFARS, and
b) If the service or product is supplied to any unit or agency of the United States Government other than the Department of Defense, the Government's rights in the service or product and documentation relating thereto will be defined in Clause 52.227-19(c)(2) of the FAR.
c) Use, duplication, or disclosure by the Government is subject to restrictions set forth in the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013(c) (1) (ii).
15. Export Regulations You understand that the Export Administration Regulations of the Department of Commerce of the United States may prohibit the export of the TCI products or services to certain countries, and you agree to conform to those regulations and to indemnify TCI against any loss related to your failure to conform to those regulations.
16. Attorney's Fees In the event TCI is required to engage legal counsel or take any legal action or other proceedings to enforce this Agreement, you will reimburse TCI for its reasonable attorneys' fees as well as other costs incurred in that action or proceeding in addition to compensation to which it may be entitled as a result.
17. Agreement Successors and Assigns The terms and conditions of this Agreement shall inure to the benefit of and be enforceable by TCI and the successors and assigns of TCI's interest in this Agreement and/or TCI's ownership of the service or product.
18. TCI's Rights to Cancel In rare cases, TCI may choose to cancel/reschedule courses at its discretion. TCI will not be responsible for costs that may be incurred by students as a result of such cancellations or rescheduling.
19. Right of Refusal TCI reserves the right to refuse a student participation in courses and/or programs. In addition, TCI, in its sole discretion, reserves the right to remove from a classroom a student who is negatively impacting other students and/or the learning environment.