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Terms & Conditions

CoachThem Inc. - Terms of Use

Updated February 15, 2022

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. These include various limitations and exclusions, and a clause that governs the jurisdiction and venue of disputes.

If you are acting on behalf of your association, you represent that you are authorized by your association to enter into these Terms of Use on behalf of your association.

CoachThem Inc. (hereafter referred to as “CoachThem”, “we”, “us”, or “our”) provides an online platform for Members to create, draw, store, and share coaching drills (collectively, the “Services”), which Services are accessible at www.coachthem.com and any other websites through which CoachThem makes the Services available (collectively, the “Site”).

By clicking “I Accept”, you agree to comply with and be legally bound by the terms and conditions of these Terms of Use (“Terms”). These Terms govern your access to and use of the Site and Services and all Collective Content (defined below), and constitute a binding legal agreement between you and CoachThem.

Please read carefully these Terms and our Privacy Policy, which is incorporated by reference into these Terms.

1. Key Terms

“CoachThem Content” means all Content that CoachThem makes available through the Site or Services, including any Content licensed from a third party, but excluding Member Content.

“Collective Content” means Member Content and CoachThem Content.

“Content” means text, graphics, images, music, software, audio, video, information or other materials.

“Member” means a person who completes CoachThem’s account registration process, as described under “Account Registration” below.

“Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site or Services.

“Service Fees” means fees charged by CoachThem for the Services.

“Tax” or “Taxes” means any sales taxes, value added taxes (VAT), Goods and Services Tax/Harmonized Sales Tax (GST/HST) and other similar municipal, provincial, and federal indirect or other withholding and personal or corporate income taxes.

2. Modification

CoachThem reserves the right, at its sole discretion, to modify the Site or Services or to modify these Terms, including the Service Fees, at any time and without prior notice.

If we modify these Terms, including the Service Fees, we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms.

By continuing to access or use the Site or Services after we have posted a modification to these Terms or provided you with notice of the modification, you are indicating that you agree to be bound by the modified Terms.

3. Eligibility

The Site and Services are intended solely for persons who are at or over the age of majority. Any access to or use of the Site or Services by anyone under the age of majority is expressly prohibited.

By accessing or using the Site or Services you represent and warrant that you are at or over the age of majority.

4. How the Site and Services Work

CoachThem makes available an online platform for Members to access Collective Content. CoachThem’s responsibilities are limited to facilitating the availability of the Site and Services.

You may not view Collective Content as an unregistered Member of the Site and Services.

COACHTHEM CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED ON THE SITE AND SERVICES. COACHTHEM IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL CONTENT.

5. Account Registration

In order to access the Site and Services, you must register to create an account (“CoachThem Account”) and become a Member.

You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.

CoachThem reserves the right, at its sole discretion, to suspend or terminate your CoachThem Account and your access to the Site and Services if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.

You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your CoachThem Account.

6. Eligibility for a Free Trial of the Services and Payment Information

CoachThem is currently offering a trial of the Services at the “Premium” access level (the “Free Trial Offer”) for a ten (10) day period from the moment that you activate such trial period by creating a CoachThem Account.

You may only use this Free Trial Offer once. CoachThem reserves the right, in its absolute discretion, to withdraw or modify this Free Trial Offer at any time without prior notice and with no liability, to the greatest extent permitted under the law.

You will receive a notice through your CoachThem Account near the expiry of the Free Trial Period reminding you that the Free Trial Period is coming to an end.

  1. Upon payment of the applicable Service Fees (a “Paid Subscription”), you can continue to use the Services at the “Premium” access level.
  2. In the absence of a Paid Subscription, you will automatically continue to have access to the Services but only at the limited “Free” access level.

BY PROVIDING YOUR PAYMENT DETAILS FOR CONTINUED “PREMIUM” LEVEL ACCESS TO THE SERVICES, YOU AGREE TO BE CHARGED THE APPLICABLE SERVICE FEES USING SUCH PAYMENT DETAILS.

7. No Endorsement

CoachThem does not endorse any Members or any Collective Content. Although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity.

8. User Conduct

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations and tax obligations that may apply to your use of the Site, Services and Collective Content.

You may not:

  • Violate any applicable law, regulation or court order.
  • Use manual or automated software, devices, scripts, robots or other processes to access, scrape, crawl or spider the Site or Services.
  • Use the Site or Services for purposes not expressly permitted by these Terms.
  • Interfere with or damage the Site or Services.
  • Use the Site or Services to distribute unsolicited commercial email.
  • Stalk, harass or collect personally identifiable information about another Member.
  • Impersonate any person or entity or misrepresent your affiliation.
  • Post, upload or transmit fraudulent, misleading, defamatory, obscene, discriminatory, violent or otherwise prohibited content.
  • Use, display, mirror or frame the Site or Services or any individual element of the Site.
  • Attempt to decipher, decompile, disassemble or reverse engineer the software used to provide the Site or Services.

9. Privacy

See CoachThem’s Privacy Policy for information and notices concerning CoachThem’s collection and use of your personal information.

10. Ownership

The Site, Services and CoachThem Content are protected by copyright, trademark and other intellectual property laws of Canada.

You acknowledge and agree that the Site, Services and CoachThem Content, including all associated intellectual property rights, are the exclusive property of CoachThem and its licensors.

11. CoachThem Content License

Subject to your compliance with these Terms, CoachThem grants you a limited, non-exclusive, non-transferable license to use the Site and Services and access and view any CoachThem Content.

12. Member Content

We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content.

By making available any Member Content on or through the Site and Services, you grant CoachThem a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view and otherwise exploit such Member Content.

13. Links

The Site and Services may contain links to third-party websites or resources. CoachThem is not responsible or liable for the availability, accuracy, content, products or services of such third-party websites or resources.

14. Proprietary Rights Notices

All trademarks, service marks, logos, trade names and other proprietary designations of CoachThem used herein are trademarks or registered trademarks of CoachThem.

15. Communication of Your Name and Trademark

By becoming a Member, you grant CoachThem a non-exclusive, royalty-free, perpetual and irrevocable right to use, reproduce and communicate the name and trademark of your organization as a Member of CoachThem.

16. Reporting Infringements

If you discover any Content on the Site or Services that you believe infringes your copyright, please report this by email at support@coachthem.com or by mail to:

CoachThem Inc
PO Box 61018
Oakville, ON L6J 7P5

17. Termination and CoachThem Account Cancellation

CoachThem may, in its sole discretion and without liability to you, terminate these Terms or your access to the Site and Services and deactivate or cancel your CoachThem Account.

You may cancel your CoachThem Account at any time through your CoachThem Account or by sending an email to support@coachthem.com.

18. Disclaimers

IF YOU CHOOSE TO USE THE SITE OR SERVICES, YOU DO SO AT YOUR SOLE RISK. THE SITE, SERVICES AND COLLECTIVE CONTENT ARE PROVIDED STRICTLY “AS IS”, WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED.

CoachThem makes no representation, warranty or condition that the Site, Services and Collective Content will meet your requirements or be available on an uninterrupted, secure or error-free basis.

19. Limitation of Liability

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Site and Services remains with you.

20. Indemnification

You shall release, defend, indemnify and hold CoachThem and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses and expenses arising out of or in any way connected with:

  1. Your access to or use of the Site, Services or Collective Content.
  2. Your violation of these Terms.
  3. Your Member Content.

21. Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between CoachThem and you regarding the Site, Services and Collective Content.

22. Assignment

You may not assign or transfer these Terms without CoachThem’s prior written consent. CoachThem may assign or transfer these Terms at its sole discretion without restriction.

23. Notices

Any notices or other communications permitted or required under these Terms will be in writing and given by CoachThem:

  1. Via email to the address you provide; or
  2. By posting to the Site.

24. Governing Law

This Agreement is governed by and interpreted and enforced in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.

Each party irrevocably attorns and submits to the jurisdiction of the Ontario courts situated in the City of Toronto.

25. General

The failure of CoachThem to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.

If any provision of these Terms is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.

26. Contacting CoachThem

If you have any questions about these Terms, please contact CoachThem at support@coachthem.com.