1. Eligibility, Registration and Account:
A. Use of Services: By using our Services (hereinafter defined), You represent and warrant You (i) are 18 years of age or older, (ii) have not been previously suspended or removed from our Services, or engaged in any activity that could result in suspension or removal from our Services, (iii) will not offer coaching services from more than one (1) account without Our express permission, and (iv) have full power and authority to enter into these Terms, and in so doing will not violate any other agreement to which You are a party.
B. User Account: In order to access or use certain areas and features of our Services, You may need to register for an account. By registering for an account, You agree to (i) provide accurate, truthful, current and complete account information; (ii) maintain and promptly update Your account information to maintain its accuracy and completeness; (iii) maintain the security of Your account by not sharing Your password with others and restricting access to Your account, computer and device; (iv) promptly notify QR if You discover or otherwise suspect any security breaches related to our Services or Your account; and (v) take responsibility for all activities that occur under Your account and accept all risks of unauthorized access.
2. Communications Preferences:
By creating a Qualitee Reps account, You consent to receive electronic communications from Qualitee Reps (e.g., via email or by posting notices on our Services). These communications may include notices about Your account (e.g., payment authorizations, password changes and other transactional information) and are part of Your relationship with us. You agree any notices, agreements, disclosures or other communications We send to You electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send You promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to You. You may opt out of receiving promotional emails at any time by following the unsubscribe instructions provided in these communications.
3. Our Services: Our Services offers tools and resources to connect those seeking athletic training with those seeking to provide coaching services. Qualitee Reps: (a) does not employ, recommend or endorse any users and has no control over the acts or omissions of any users; (b) is not responsible or liable in any manner for the performance or conduct of any users or other third-parties online or offline; (c) makes no representations or warranties about the quality of the services provided by any user or about Your interactions or dealings with other users except as expressly stated on our Services; and (d) does not screen users or conduct any kind of identity or background checks except as otherwise stated in these Terms. Regardless of whether Qualitee Reps screens users or performs a background check, You should exercise caution and perform Your own screening before connecting or meeting with any other user through our Services, entering into a contract or agreement with any other user or obtaining any services. Qualitee Reps hereby expressly disclaims, and You hereby expressly release Qualitee Reps from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm or damages arising from or related to our Services or Your interactions or dealings with other users, including any acts or omissions of users online or offline. All use of our Services is at Your sole and exclusive risk.
4. Disclaimer and Release of Claims:Our Services may be used to help obtain or offer coaching services provided by users and to facilitate payment for such services. However, users transact solely between themselves and Qualitee Reps is not a party to any transactions between users. Qualitee Reps hereby expressly disclaims, and You hereby expressly release Qualitee Reps from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm or damages arising from or related to disputes, dealings, or interactions between You and any other users or third-parties. If You offer coaching services, the first and all future bookings with Qualitee Reps users must be booked via our Services. Failure to abide by this policy may result in suspension from our Services.
5. Payment Terms:
A. Coaching Sessions; Expiration: You may use our Services to schedule and purchase one or more coaching sessions. Any coaching sessions purchased through our Services must be scheduled and completed within One (1) calendar year of the purchase date. Any coaching sessions not scheduled and completed within One (1) calendar year of purchase are forfeit and You will not be issued a refund.
B. Payment and Billing Information: By providing a credit card or other payment method, You represent and warrant You are authorized to use the designated payment method and authorize us (or our third-party payment processor) to charge Your payment method for the total amount of Your purchase (including any applicable taxes and other charges) (collectively, as applicable, an “Order”).
C. Payment Verification: If the payment method cannot be verified, is invalid or is otherwise not acceptable, Your Order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with Your Order. In the event You want to change or update payment information associated with Your Qualitee Reps account, You can do so at any time by logging into Your account and editing Your payment information. You acknowledge that the amount billed may vary due to promotional offers, changes to Your coaching sessions, or changes in applicable taxes or other charges, and You authorize us (or our third-party payment processor) to charge Your payment method for the corresponding amount.
D. Coaching Availability: Coaching sessions are subject to availability, and we reserve the right to cancel all or part of a coaching session and to discontinue making certain coaching services available through our Services without prior notice.
E. Refund Policy: If You are dissatisfied with a coach or coaching session for any reason, please contact us within Two (2) days of the date You completed Your first coaching session and we will provide You a full refund of the purchase price for that coaching session (unless otherwise specified during a promotion or special offer). If You do not comply with the terms of this section, You will be ineligible to receive a refund. Any training sessions left incomplete after Ninety (90) days from purchase date will be eligible for a merchant credit but ineligible for a refund.
6. Copyright and Limited License:
Unless otherwise indicated in writing by us, our Services and all content and other materials on our Services, including the Qualitee Reps logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Service Materials”) are the proprietary property of Qualitee Reps or our licensors or users, as applicable, and are protected by U.S. and international copyright laws. Subject to these Terms, You are granted a limited, nonexclusive, nontransferable, non-sublicensable license to access and use our Services and Service Materials. However, such license is revocable at any time and does not include any right to: (a) sell or resell our Services or the Service Materials; (b) collect and use any service listings, pictures or descriptions; (c) distribute, publicly perform or publicly display any of the Service Materials; (d) modify or otherwise make any derivative uses of our Services or the Service Materials, or any portion thereof; (e) use any data mining, robots or similar data gathering or extraction methods; (f) download (other than the page caching) any portion of our Services, the Service Materials or any information contained therein, except as expressly permitted by Qualitee Reps in writing; or (g) use our Services or the Service Materials in violation of these Terms or for any purposes other than their intended purposes. Your right to use our Services and the Service Materials is conditioned upon Your use of our Services and the Service Materials in accordance with these Terms. Accordingly, any use of the Services or the Service Materials other than as specifically authorized in these Terms, without the prior written permission of Qualitee Reps, will automatically terminate the license granted above. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Except for the license granted above, no additional rights are granted and nothing in these Terms will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.
Notwithstanding anything to the contrary in these Terms, our Services and the Service Materials may include software components provided by Qualitee Reps or a third party that are subject to separate license terms, in which case those license terms will govern such software components.
7. Intellectual Property:
“Qualitee Reps,” the Qualitee Reps logos and any other product or service name or slogan contained on our Services are trademarks of Qualitee Reps and its suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of Qualitee Reps or the applicable trademark holder.You may not use any metatags or any other hidden text utilizing “Qualitee Reps” or any other name, trademark or product or service name of Qualitee Reps without Qualitee Reps’ prior written permission. In addition, the look and feel of our Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Qualitee Reps and may not be copied, imitated or used, in whole or in part, without Qualitee Reps’ prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on our Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Qualitee Reps.
8. Third-Party Content: Qualitee Reps may include links to websites or content owned/ operated by third-parties as well as other third-party content, including advertisements, promotional offers, etc. (collectively, “Third-Party Content”). Qualitee Reps does not own, control or endorse any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content including, without limitation regarding its accuracy or completeness. You acknowledge and agree Qualitee Reps is not responsible or liable in any manner for any Third-Party Content and has no responsibility to update or review any Third-Party Content. Your access and use of Third-Party Content is at Your own risk. The inclusion of Third-Party Content on our Services does not imply any affiliation, endorsement or adoption by Qualitee Reps of any information contained in any Third-Party Content. In addition, Your business dealings or participation with any third-party responsible for Third- Party Content, and any terms, conditions, warranties or representations associated with such dealings or promotional offers, are solely between You and such third-party. Qualitee Reps is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such Third-Party Content and Your relationship with any third-party is governed by the third-party’s terms, conditions, and policies.
9. User Content and Interactive Areas: Our Services may include interactive areas and features (“Interactive Areas”) that allow You or other users to create, post, share or store text, photos, videos and other materials (collectively, “User Content”). In the event You decide to share Your User Content with others through our Services or third-party platforms, You understand Your User Content will be viewable by others. You are solely responsible for Your User Content and for Your use of any Interactive Areas. You will not post, upload to, transmit, distribute, store, create or otherwise publish or send through our Services any of the following:
• Unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, false, misleading or otherwise objectionable;
• User Content constituting, encouraging or providing instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
• User Content that may infringe any patent, trademark, trade secret, copyright or other proprietary right of any party;
• User Content containing and/or depicting any statements, remarks or claims not reflecting Your honest views and experiences;
• User Content containing personal information about any person, including, without limitation, names, addresses, email address or credit card information without that person’s permission;
• User Content impersonating or misrepresenting Your affiliation or connection with any
person or entity;
• Unsolicited promotions, political campaigning, advertising or solicitations;
• Viruses, corrupted data or other harmful, disruptive or destructive files or
• User Content that, in the sole judgment of Qualitee Reps, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or our Services, or which may expose Qualitee Reps or its users to any harm or liability of any type.
Qualitee Reps does not control, take responsibility for or assume liability for any User Content posted, stored or uploaded by You or any third party, or for any loss or damage to such User Content. When You participate in Interactive Areas, You understand that certain User Content You choose to post may be displayed publicly or to select users. You are solely responsible for Your use of our Services and the Interactive Areas and use them at Your own risk.
10. Rights to User Content:Qualitee Reps claims no ownership or control over any User Content, except as otherwise expressly provided in these Terms or a separate agreement between You and Qualitee Reps. However, if You submit or post User Content to our Services, You grant Qualitee Reps a worldwide, nonexclusive, perpetual, irrevocable, royalty-free, fully-paid up, and sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display Your User Content in any media format and channel now known or later developed without compensation to You, including in connection with Qualitee Reps’ marketing and promotional activities. You further grant Qualitee Reps and Qualitee Reps’ sublicensees the right to use the name that You submit in connection with User Content, if they choose.
By submitting or posting User Content to our Services, You represent and warrant that: (a) such User Content is non-confidential; (b) You own and control all of the rights to the User Content that You post or You otherwise have all necessary rights to post such User Content on our Services; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and Your use and posting thereof in connection with our Services, does not and will not violate these Terms or any applicable law, rule, regulation or third-party right.
11. Acceptable Use of Our Services:Your use of our Services will not violate any law, contract, intellectual property or other third-party right or constitute a tort, and You are solely responsible for Your conduct while on our Services. Should You use any of Our Services for any unauthorized use, it may result in the termination of Your use of the Services without a refund of any remaining balance You may have and result in You being unauthorized to use the Services again in the future. You agree that You will not:
• Use any Service in any way that could interfere, disrupt, negatively affect or inhibit any other users from enjoying our Services; or could damage, disable, overburden or impair the functioning of our Services or website in any manner;
• Engage in any discriminatory, defamatory, hateful, harassing, abusive, obscene, threatening, physically dangerous, or otherwise objectionable conduct in any manner;
• Attempt to indicate in any manner that Qualitee Reps has endorsed You or any services for any purpose without express written permission from Qualitee Reps to do so in advance of such asserton;
• Send any unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters or pyramid schemes, or harvest or collect the email addresses or other contact information of other users for the purpose of sending any commercial messages unauthorized by Qualitee Reps;
• Attempt to reverse engineer any aspect of our Services or do anything in an attempt to discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of our Services in any manner;
• Access, use or attempt to access or use another’s account without authorization from such user and Qualitee Reps;
• Develop any third-party application that interacts with User Content and/or our Services without Qualitee Reps’s prior written consent;
• Use any robot, iframe, spider, crawler, scraper or other automated means or interface not provided or authorized by Qualitee Reps to access out Services, including, without limitation, for the purpose of copying, extracting, aggregating, displaying, publishing or distributing any content or data made available via our Services;
• Bypass or ignore instructions contained in the robots.txt file that controls all automated access to our Services; or
• Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms in any manner.
12. Disclaimers: We do not control, endorse or take responsibility for any third-party content available on or linked to by our Services, including User Content. Your use of our Services is at Your sole risk. Our Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Qualitee Reps does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While Qualitee Reps attempts to make Your access to and use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.
13. Assumption of Risk: You assume all risks when using our Services, including all of the risks associated with interactions with other users. You agree to take all necessary precautions when interacting with other users.
14. Modifications to Our Services: Qualitee Reps reserves the right to modify or discontinue, temporarily or permanently, our Services, or any features or portions thereof, without prior notice. You agree that Qualitee Reps will not be liable for any modification, suspension or discontinuance of our Services, or any part thereof.
15. Termination: Qualitee Reps reserves the right, without notice and in its sole discretion, to terminate Your license to access and use our Services and to block or prevent Your future access to and use of our Services.
16. Additional Terms:
A. Headings: The headings of the sections of this Agreement are for convenience only, do not form a part hereof, and in no way limit, define, describe, modify, interpret or construe the meaning, scope or intent of this Agreement or any terms or conditions therein.
B. Governing Law: This Agreement shall be governed by and construed under the laws of the State of Illinois.
C. Severability: If any provision of this Agreement is held invalid or otherwise unenforceable, the enforceability of the remaining provisions shall not be impaired thereby.
D. No Waiver: The failure by any party to exercise any right provided for herein shall not be deemed a waiver of any right hereunder.
E. Complete Agreement: This Agreement and any supplemental terms, policies, rules and guidelines posted through the Services, each of which are incorporated herein by reference, constitute the entire agreement between You and Qualitee Reps and supersede all previous written or oral agreements. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Any failure of Qualitee Reps to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
F. Modifications: Qualitee Reps may revise the terms of this Agreement and the documents incorporated hereto by reference from time to time, on a prospective basis, and we will always post the most up-to-date version on our website. If we determine, in our sole discretion, that a modification to these terms materially affects Your rights, we will notify You (by, for example, sending a message to Your account email). By using or continuing to use or access the Site and/or Materials after any revisions have come into effect, You agree to be bound by the revised Terms.
G. Advertisements, Searches, and Links to Other Sites: While using the Services, You may encounter links or references to other websites. These links are provided for Your convenience only and we do not endorse these sites or the products and services they provide. You acknowledge and agree that Qualitee Reps is not responsible or liable for the content or accuracy of these other websites. Although Qualitee Reps attempts to link to trustworthy websites, it is possible they will contain materials that are objectionable, unlawful, or inaccurate and Qualitee Reps will not be responsible or liable for the legality or decency of material contained in or accessed through such other websites.
17. Indemnity:By using the Directory, You agree to indemnify Qualitee Reps, its employees, officers, vendors, affiliates or agents, and shall hold them harmless from any and all claims and expenses, including attorney’s fees, arising from Your use the Directory, or Your submission of ideas and/or related materials to the Directory. By using the Directory, or submitting any ideas and/or related materials to the Directory, You are thereby agreeing to release QUALITEE REPS, its employees, officers, vendors, affiliates or agents, from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that You may have against them arising out of or in any way related to such disputes.
18. Practitioners Have not Been Vetted: All coaches within Qualitee Reps have not been vetted in any manner. You should conduct Your own research to determine if a coach is appropriate for You.
19. Limitation of liability: TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL QUALITEE REPS OR ANY OF ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES OR SITE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY RELATING TO THE SERVICES OR SITE; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF LEGAL INFORMATION.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF QUALITEE REPS, AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM ARISING OUT OF OR RELATING IN ANY MANNER TO THE USE OF THE SERVICES OR SITE, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES TO WHICH SUCH CLAIM RELATES IN THE 12 MONTH PERIOD PRECEDING THE FILING OF SUCH CLAIM. IN THE INTEREST OF CLARITY, THIS LIMITATION ALSO APPLIES TO PREMIUM SERVICES.
WHILE WE’RE ALWAYS IMPROVING, AND WE HOPE YOU HAVE AN POSITIVE EXPERIENCE WITH THE SITE AND MATERIALS. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR ACCOUNT. IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE MATERIALS OR THE SITE, REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATER OF: (a) THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO CREATE OR MAINTAIN AN ACCOUNT WITH THE SITE OR USE THE MATERIALS, OR (b) $100; EXCEPT THAT, FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SITE OR MATERIALS.
IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE SITE AND/OR THE MATERIALS. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR NEGLIGENCE OF COACHES UTILIZED THROUGH USE OF THE SITE AND/OR MATERIALS, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED IN ACCORDANCE HEREIN TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
20. Indemnity: You agree to indemnify and hold harmless QUALITEE REPS and its subsidiaries or affiliates under its control, and their directors, officers, employees and agents, against any and all losses, liabilities, judgments, awards and costs (including legal fees and expenses) arising out of or related to any claim that Your use of the Site and placement of any information of any kind infringes or violates the copyright, trade secret or other proprietary right of any third party. You shall defend and settle at its sole expense all suits or proceedings arising out of the foregoing. In all events, QUALITEE REPS shall have the right to participate in the defense of any such suit or proceeding through counsel of its own choosing.
21. Attorney Fees: If any legal action is necessary to enforce this Agreement, the prevailing party shall be entitled to reasonable attorney fees, costs and expenses in addition to any other relief to which it may be entitled.
22. Arbitration: Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Los Angeles, California before three arbitrator(s). The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
NO CLASS ACTIONS: You may only bring individual claims. Under no circumstances are You allowed to bring a claim as a plaintiff or a class member in a class. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceedings where someone acts in a representative capacity are not allowed. Any combining of individual proceedings must have the consent of all parties.