Collection of Information
Information We Collect About You
We collect several types of information from and about users of the Services, some of which is personally identifiable and some of which is non-identifying or aggregated, including:
- information by which you may be personally identified, such as name, postal address, e-mail address, telephone number, or any other identifier by which you may be contacted online or offline, and credit card or PayPal payment information and related billing information (“personal information”);
- information that is about you but individually does not identify you; and/or
- information about your Internet connection, the equipment you use to access the Services, and usage details.
We collect this information (i) directly from you when you provide it to us, (ii) automatically as you use the Services (which information may include usage details, Internet Protocol (IP) addresses and information collected through cookies, web beacons, and other tracking technologies), and (iii) from third parties such as our business partners.
Information You Provide to Us
The information we collect on or through the the Website, App, or otherwise through your use of the Services may include (i) information that you provide about yourself or others by using our Services, including information provided at the time of registering to use our Services, such your e-mail address and social media account profile information (including, but not limited to, your name, e-mail address, username, gender, and profile picture); (ii) anything that you post on the Website and/or App using our Services; (iii) records and copies of your correspondence if you contact us; (iv) your responses to surveys that we might ask you to complete for research purposes; and (v) details of any transactions that you carry out through the Services.
You also may provide information to be published or displayed on public areas of the Services, or transmitted to other users of the Services or third parties, including questions and answers and chat messages (collectively, “User Data”). User Data is posted on and transmitted to others at your own risk. Although we limit access to certain information, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Services. Therefore, we cannot and do not guarantee that User Data will not be viewed by unauthorized persons. You should not submit or upload personal information or any other information about yourself or others that you are not comfortable disclosing to the general public. This information will be viewable by other members of the AdviceCoach community, may be searchable on indexing websites such as Google and may be disclosed to third parties under certain circumstances as provided herein.
Information Collected Through Data Tracking Technologies
As you use the Services, we may use automatic data collection technologies to collect (i) certain information about your devices, browsing actions and patterns, including details of your use of the Services, such as traffic data, location data, logs, other communication data, and notifications and reminders that you have entered into the App related to an advice book; (ii) information about your devices and internet connection (including your IP address, operating system and browser type); and (iii) any other advice books that you have accessed content for using the App.
The technologies we use for this automatic data collection may include:
Log Information. We may automatically collect and store certain information in our server logs when you use the Services, including details about how you used the Services, IP address, and information specific to your device (such as system activity, hardware settings, browser type, and browser language).
Device Identifiers. We may collect information about your device, such as your operating system, hardware version, device settings, file and software names and types, mobile network information, and device identifiers. This helps us measure how the Services are performing and improve the Services for you on your particular device.
Location-Based Data. We may collect and process information about your geographic location (for example, through GPS signals) when you use the Services. We will not store or track your device location on an ongoing basis or without your permission. We do not share precise geolocation data with third parties, other than our service providers as necessary to provide the Services.
Analytics Data. We may also collect analytics data, or use third party analytics tools, to help us measure traffic and usage trends for the Services. These third party analytics do not collect direct personal information about any user.
Why We Collect Information
The information we collect helps us to improve the Services and to deliver a better and more personalized experience, including by (i) enabling us to estimate our user size and usage patterns; (ii) storing information about your preferences, allowing us to customize our Services according to your individual interests; (iii) connecting you with other users who are willing to chat about issues in which you have expressed an interest; (iv) recognizing you when you use the Services; (v) contacting you regarding the Services, and (vi) providing usage information and analytics to authors, publishers, course creators, corporate trainers, and others.
Third Party Collection of Information
Some content or applications, including advertisements, on the Services may be served by third parties, including advertisers, ad networks and servers, content and application providers, and your mobile device manufacturer and mobile device service provider. These third parties may use tracking technologies to collect information about you when you use the Services. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.
AdviceCoach does not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
Stripe and Amazon Web Services (AWS)
In addition, we use Amazon Web Services to store your information. Additional information is available at https://aws.amazon.com/privacy/.
How We Use Your Information
We use information that we collect about you or that you provide to us, including any personal information, to:
- Provide you with the Services, and any other information, products or services that you request from us.
- Present our Website, App, and their contents to you.
- Fulfill any other purpose for which you provide it.
- Give you notices about your account.
- Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including, if applicable, for billing and collection.
- Notify you when updates to the Services are available, and about changes to any products or services we offer or provide though our Services.
- Contact you about our own and third parties’ goods and services that may be of interest to you.
- Enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
Additionally, we may use information that we collect about you or that you provide to us in any other way we may describe when you provide the information or for any other purposes with your consent.
Following termination or deactivation of an account, we may retain information and content for backup, archival, audit or other business purposes, or otherwise in accordance with applicable laws. We may maintain anonymized, de-identified or aggregated data, including usage data, for analytics purposes. If you have any questions about data retention or deletion, please e-mail firstname.lastname@example.org.
Disclosure of Your Information
We may disclose anonymized, de-identified or aggregated information about our users, and information that does not identify any individual, without restriction.
We may disclose personal information that we collect or you provide:
- To our subsidiaries and affiliates.
- To contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
- To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by us is among the assets transferred.
- To third parties to market their products or services to you if you have consented to or not opted out of these disclosures. We contractually require these third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them.
- To fulfill the purpose for which you provide it.
- For any other purpose disclosed by us when you provide the information.
- With your consent.
- To comply with any court order, law or legal process, including to respond to any government or regulatory request.
- To enforce or apply our Terms of Service, found at https://www.ac-health.com/termsofservice, and other agreements, including for billing and collection purposes.
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of AdviceCoach, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
We may also share aggregated, non-personally identifiable information publicly, including with users, partners or the press in order to, for example, demonstrate how our Services are used, evaluate industry trends, or to create our marketing materials. Any aggregated information shared this way will not contain any personal information.
Your Choices About Our Use and Disclosure of Your Information
This section describes mechanisms for you to control certain uses and disclosures of your information.
Location Information. You can choose whether or not to allow the Website or App to collect and use real-time information about your device’s location through the device’s privacy settings. If you block the use of location information, some parts of the Website or App may then be inaccessible or not function properly.
Accessing and Correcting Your Information
You may review and update your account information by logging into your account and visiting your account profile or settings page. You may also send us an e-mail at email@example.com to request access to, correct or delete any personal information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
If you delete User Data from the Services, copies of the User Data may remain viewable in cached and archived pages, or might have been copied or stored by other users of the Services. Proper access and use of information provided on the Services, including User Data, is governed by our Terms of Service.
Your California Privacy Rights
California Civil Code Section 1798.83 permits users of the Services that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to firstname.lastname@example.org.
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any information that you provide to us through your use of the Services will be encrypted using industry-standard technology.
The safety and security of your information also depend on you. Where we have given you (or where you have chosen) a password for access to the Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information and we take reasonable steps to ensure that our Website and App are secure, we cannot guarantee the security of your personal information transmitted through the Services. Any transmission of personal information is at your own risk. We are not responsible for the circumvention of any privacy settings or security measures that we provide.
Terms of Service
Last Modified: April 15, 2017
The following Terms of Service (the “Terms of Service”) constitute an agreement between you, the user, and AdviceCoach LLC, a Delaware limited liability company (“AdviceCoach”, “we”, or “us”). These Terms of Service govern your access to and use of AdviceCoach, a mobile application (the “App”), and https://www.ac-health.com/, a website (the “Website”), including any content, functionality and services offered on or through any of our other products or services (collectively referred to as the “Services”), owned and operated by AdviceCoach.
YOU ACKNOWLEDGE AND CONFIRM THAT (I) YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS, CONDITIONS, POLICIES, PROVISIONS, DISCLOSURES AND DISCLAIMERS CONTAINED HEREIN, (II) THESE TERMS OF SERVICE HAVE THE SAME FORCE AND EFFECT AS A SIGNED AGREEMENT, AND (III) YOU EXPRESSLY ACCEPT AND AGREE TO BE BOUND BY THE TERMS HEREOF.
Changes to these Terms of Service
We may modify these Terms of Service at any time in our sole discretion. We will post notice of changes to these Terms of Service on this page. Changes will not apply retroactively and will only become effective when (i) you use the Services after you know about the change, or (ii) thirty (30) days after they are posted, whichever is sooner. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. We will also update the Last Modified Date at the top of these Terms of Service accordingly. Your continued use of the Services after the Last Modified Date signifies your consent to the modified Terms of Service. You are expected to check this page frequently so you are aware of any changes, as they are binding on you. If the modified Terms of Service are not acceptable to you, you should not access or use the Services after the Last Modified Date.
Data Privacy and Personal Information
AdviceCoach and the Services are operated from within the United States. If you access the Services from a location outside the United States, you are responsible for compliance with the laws of that jurisdiction regarding online conduct and acceptable content. AdviceCoach makes no claim that the content of the Services may be utilized, accessed or appropriate outside the United States. You must not access or use the Services from a territory that is embargoed by the United States or from which it is illegal to receive products, services, or software from the United States.
Third Party Links
The Services may link to social media widgets and/or independent third party websites, including but not limited to social media provider websites and applications. Such hyperlinks are provided for your reference and convenience only. AdviceCoach is not liable for the availability or accuracy of such third party sources, and you assume all risk in using them. When you link to them, these third party sites or services may place cookies and other tracking technologies on your computer and may have different rules for using or sharing any personal information you submit to them. We encourage you to read their privacy policies before submitting your personal information.
When you access third party websites or interact or communicate with third parties, including other users, through the Services, you do so at your own risk. AdviceCoach is not responsible for the actions, content, information, data, practices, policies or opinions of any third parties.
If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.” And, if you are not a California resident, you waive any applicable state statutes of a similar effect.
User Accounts and Registration
Use of the Services requires you to register either by (1) creating an account for which you will be asked to provide certain registration details and information, including an e-mail address, username, and password or (2) entering your username and password for an existing social media account.
By registering, you represent and warrant that (i) all of the information that you provide is correct, current, and complete; (ii) you have created an account for yourself and that you have not misrepresented your identity or created a false identity; and (iii) you have not registered for any illegal purpose, to facilitate any illegal topic, or otherwise for the purposes of providing any illegal information.
If you believe that your identity or someone else’s identity has been misrepresented, please contact us immediately. You may also report users who you believe to be in breach of this paragraph.
You agree to keep your username and password confidential and to not share your account with others. You agree to notify us immediately of any unauthorized access to your username or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your personal information.
Payment Information; Accessing Content
The App is free to download, but access to the Services may require the entry of a code or payment using a valid credit card. You may be asked to enter your billing and payment details and shipping address in order to use the Services. AdviceCoach uses Amazon Web Services to store your information. Additional information on Amazon Web Services is available at https://aws.amazon.com/privacy/.
We take reasonable care to make the Website and App secure. To help ensure that your use of our Website and App is secure, we use Secure Socket Layer (SSL) technology. Please note that, while we take reasonable care to keep the details of your order and payment secure, in the absence of negligence on our part we are not liable for any loss you may suffer if a third party procures unauthorized access to any information you provide when providing your payment information to the Website and App.
The App is available via a mobile device. Using your mobile device, you will have the ability to: (i) browse content on the Services, (ii) receive and reply to chats and messages, and (iii) access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Services through a mobile device, you acknowledge and agree that your wireless service carrier’s standard charges, data rates and other fees may apply, and that all such charges and fees will be your sole responsibility. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile device, and what restrictions, if any, may be applicable to your use of such Mobile Services.
By using the Mobile Services, you agree that we may communicate with you regarding AdviceCoach and other entities by electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.
You understand that AdviceCoach provides the Services over the Internet and/or a mobile application, that such connections can be unpredictable, insecure, and unstable, and that AdviceCoach cannot guarantee uninterrupted access to the Services. AdviceCoach disclaims all liability in connection with any interruptions to Service access, security incidents or breaches arising from or attributable to an Internet and/or data connection. You agree to waive any and all claims against AdviceCoach in connection therewith.
We do not represent or warrant that the Website or App are compatible with all devices and operating systems, and it is your sole responsibility to determine whether the Website and App is compatible with your devices. We may from time to time make updates to the Website and App. Such updates may require your acceptance of new Terms before you may continue to use the App.
Changes and Termination of Services
These Terms of Service will remain in effect until terminated by you or AdviceCoach. The disclaimer of warranties, limitation of liability, jurisdictional, limitation of time to file claims, indemnification and arbitration provisions in these Terms of Service survive any termination.
We are constantly changing and improving our Services. We reserve the right to add or remove functionalities or features of the Services, and we may suspend or stop a Service altogether. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. The right to access and use the Services is revoked in jurisdictions where it may be prohibited, if any.
We reserve the right to terminate or change the Services or your access to the Services and to stop providing Services to you, add or create new limits to our Services, or restrict your access to all or a part of the Services, without notice, at any time and for any reason, including your violation of these Terms of Service, if we are investigating suspected misconduct, or for business reasons. You agree that AdviceCoach may, for any reason and without notice to you, immediately terminate or otherwise restrict your access to the Services. AdviceCoach has no obligation to maintain, store, or transfer your information or data.
AdviceCoach grants to you a revocable, non-transferable, nonexclusive, limited and non-assignable license to access and use the Services in accordance with these Terms of Service. AdviceCoach reserves all other rights in the Services not expressly granted to you.
You grant AdviceCoach a worldwide, unlimited, irrevocable, royalty-free license to publicly and privately use, publish, reproduce, display, copy, edit, perform, create derivative works from, or otherwise make use of any content you submit through the Services, including but not limited to
forum posts, responses to community questions, chat messages and images you upload to the Services or to third party social media websites (“User Content”).
You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not AdviceCoach, are fully responsible for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Content posted by you or any other user of the Services.
You grant AdviceCoach a worldwide, unlimited, irrevocable, royalty-free license to publicly and privately use, distribute, modify, offer for sale or exploit any suggestions, ideas, criticism, or other type of feedback you make relating to the Services, the Website, and/or the App, with no obligation to pay you royalties or any other compensation.
Posting to Social Media
Chat Functionality; Interactions with AdviceCoach Members
We cannot guarantee the identity of any other AdviceCoach users with whom you may interact in the course of using the Services or the authenticity of any data which AdviceCoach users or may provide about themselves. You are solely responsible for independently verifying the quality, relevance, and/or accuracy of any information provided through the Services before relying on it, and for determining the suitability of any information that you obtain through the services. You acknowledge that use of the information and content that you obtain through the Services is at your own risk and that you will be responsible for any damage or loss to any party therefrom.
If you have a dispute with one or more AdviceCoach users, you release us and our officers, directors, agents, subsidiaries, joint ventures and employees from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use, privacy or data. We reserve the right, but have no obligation, to become involved in any way with these disputes.
We have the right to: (i) remove or refuse to post any User Content for any or no reason in our sole discretion; and (ii) take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public or could create liability for AdviceCoach.
Member Conduct and Guidelines
You may use the Services only for lawful purposes and in accordance with these Terms of Service. Without limiting the generality of the foregoing, you agree to use the Services in accordance with the provisions below:
- You will only use the Services in accordance with the laws of your jurisdiction for personal, non-commercial purposes.
- You will be respectful and considerate of other members and will not harass or threaten other users or violate the rights of any other party, and you will do your part to make the AdviceCoach community a safe, supportive community for all users.
- You will not impersonate someone else or misrepresent your affiliation with someone else.
- You will register for the Services using accurate and current information, and you will not impersonate or attempt to impersonate AdviceCoach, an AdviceCoach employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or usernames associated with any of the foregoing).
- You will not post User Content that infringes another’s intellectual property rights.
- You will not use the Services to do anything unlawful, deceptive, misleading, illegal, unethical, malicious, or discriminatory.
- You may not decompile, reverse engineer, or otherwise attempt to obtain the source code of any content on the Services.
- You will independently verify the quality, relevance or accuracy of any information posted on the Services by others.
- You will not use, store, copy, upload, display, post, reproduce, modify, translate, republish, distribute, broadcast, transmit, create derivative works from, display, license, sell or otherwise exploit any part of the Services or content on the Services in any form whatsoever other than as expressly permitted under these Terms of Service.
- You will not use contact information received through the Services for phishing, spamming and other unsolicited communications or data collection.
- You will not post unsolicited promotional content, advertising, political campaigns, contests, raffles or solicitations.
- You will not use the Services in a manner intended to damage, disable, overburden or impair the Services or to disrupt or interfere with another’s use of the Services.
- You will not attempt to hack or otherwise gain unauthorized access to the Services or user accounts.
- You will not use high volume, automated, or electronic means to access the Services (including without limitation robots, spiders, or scripts).
- You will not affect the display of the Services through use of framing, pop-ups, or third-party ads.
- You will not transmit malware, software viruses, Trojan horses, worms, or any other malicious application to or through the Services.
- You will not threaten, dox, or otherwise harass other members or users of the Services.
- You will not post information that is inaccurate, false, fraudulent, or misleading, including doctored photos or submissions made under false pretenses.
- You will not post unlawful, harassing, libelous, abusive, threatening, defamatory, vulgar, obscene, racist, harmful, or otherwise objectionable material of any kind.
- You will not act in a manner that violates these Terms of Service.
- You will comply with applicable local, state, national or international laws, statutes, ordinances, rules, regulations, or ethical codes governing your jurisdiction.
- You will not otherwise attempt to interfere with the proper working of the Services, or engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by AdviceCoach, may harm AdviceCoach or users of the Services or expose them to liability.
- You will notify us immediately of any content of the Services that violates these Terms of Service.
Any violation of the above may be grounds for termination of your right to access or use the Services.
We have the right to (i) disclose your identity or other information about you to any third party who claims that material provided by you using the Services violates their rights, including their intellectual property rights or their right to privacy; (ii) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services; and (iii) terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Service.
YOU WAIVE AND HOLD HARMLESS ADVICECOACH AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SUCH PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
The Services and all past, present and future content of the Services, including all software, hardware and technology used to provide the Services (including our proprietary code and third-party software), user interfaces, materials displayed or performed on the Services, such as text, graphics, articles, photographs, images, illustrations and the design, structure, sequence, layout, and “look and feel” of the Services, and all other intellectual property, including all trademarks, service marks, logos, or any other trade name, trademarks, service marks and other distinctive or proprietary brand features of AdviceCoach, are (i) owned by AdviceCoach, its licensors or other providers of such material, (ii) protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, (iii) are intended solely for the personal, non-commercial use of our users, and (iv) may only be used in accordance with these Terms of Service.
Using our Services does not give you ownership of any intellectual property rights in our Services or any content on the Services. You may not use content from our Services, including User Content, unless you obtain permission from AdviceCoach and the user who generated the content, if different from AdviceCoach or are otherwise permitted by law. These Terms of Service do not grant you the right to use any of our technology or intellectual property. You may not remove, obscure, or alter any copyright or other legal notices displayed in or along with our Services.
No right, title or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by AdviceCoach. Any use of the Services not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.
Claims of Copyright Infringement
If you believe that User Content violates your copyright, please send a notice of copyright infringement to:
Attn: Susannah Bailin
The notice should include:
- Your full name and electronic or physical signature.
- Your mailing address, phone number and email address (at which you can be contacted by us or the alleged infringer).
- A statement that you are the owner, or are authorized to act on behalf of the owner, of the copyright that is allegedly infringed, and that the information in your notice is accurate.
- A statement that you have a good faith belief that the disputed use of the copyrighted materials is not authorized by the copyright owner, its agent or by law, such as fair use.
- A description of the copyrighted work(s) that you claim has been infringed.
- A description of the location of the copyrighted materials on the Services.
Electronic Delivery Statement and Your Consent
You agree to receive legal notices and other information concerning AdviceCoach or the Services electronically, including notice to any email address that you may provide.
Disclaimer of Representations and Warranties
AdviceCoach is a platform intended to provide its users with a companion App for nonfiction advice books. By using the Services, you acknowledge and agree that AdviceCoach in no way guarantees results from use of the App and/or Website to its users.
THE SERVICES AND ANY ASSOCIATED CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. NEITHER ADVICECOACH NOR ANY PERSON ASSOCIATED WITH ADVICECOACH MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES OR ANY ASSOCIATED CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER ADVICECOACH NOR ANYONE ASSOCIATED WITH ADVICECOACH REPRESENTS OR WARRANTS THAT THE SERVICES OR ANY ASSOCIATED CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, UPDATED OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
ADVICECOACH HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE
Limitation of Liability
YOUR USE OF THE SERVICES AND ANY CONTENT ON THE SERVICES IS AT YOUR SOLE RISK AND DISCRETION. You may not assert claims for money damages arising from the Services or any associated content against AdviceCoach, its affiliates, licensors or service providers, or our respective employees, contractors, officers, directors and agents. AdviceCoach, its affiliates, licensors and service providers, and our respective employees, contractors, officers, directors and agents shall not be liable for any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to personal injury, pain and suffering, emotional distress, or loss of revenue, profits, goodwill or data, whether caused by tort (including negligence), breach of contract or otherwise, even if we knew or should have known of the possibility of such damages, arising out of or in connection with (i) your use, or inability to use, the Services or any associated content, (ii) any interaction with any third party through or in connection with the Services, including other AdviceCoach users, (iii) any information offered or provided within or through the Services, or (iii) any other matter relating to the Services. In no event shall AdviceCoach, its affiliates, licensors or service providers, or our respective employees, contractors, officers, directors and agents be liable to you in the aggregate (for all potential claims by you) for any damages incurred in excess of one hundred dollars ($100). 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 to the extent permitted by law.
You are solely legally liable if your use or misuse of the Services or any associated content causes damage to the Services, to you, or to someone or something else. You agree to defend, indemnify, and hold harmless AdviceCoach, its affiliates, licensors and service providers, and our respective employees, contractors, officers, directors and agents from and against all liabilities, claims, damages, judgment, awards, losses, costs, expenses, fines or fees (including attorney’s fees and investigation costs), that arise from or relate to your use or misuse of the Services, violation of these Terms of Service, or violation of a third party’s rights. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Limitation on Time to File Claims
Any cause of action or claim you may have arising out of or relating to these Terms of Service or the Services must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action is permanently barred.
Choice of Law and Jurisdiction
You agree that the laws of the State of New York and U.S. federal law govern these Terms of Service, your use of the Services, and any claim or dispute that you may have against AdviceCoach, without regard to New York’s conflict of laws rules. You consent to the personal and exclusive jurisdiction of the federal and state courts of New York. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHT TO HAVE YOUR CLAIMS HEARD IN COURT BY A JUDGE OR JURY. AN ARBITRATION AWARD IS AS ENFORCEABLE AS A COURT ORDER AND IS SUBJECT TO ONLY LIMITED REVIEW BY A JUDGE. YOU ALSO UNDERSTAND AND AGREE THAT THIS ARBITRATION PROVISION PREVENTS YOU FROM PARTICIPATING AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
Arbitration will be subject to the Federal Arbitration Act, and shall be commenced and conducted by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes, as amended by this provision, by one arbitrator that is acceptable to both parties. You can find out more AAA and how to file an arbitration claim at www.adr.org or by calling 800-778-7879.
Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA rules and, where appropriate, limited by the AAA Consumer Rules. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, AdviceCoach will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent arbitration from being cost-prohibitive. In such case, we will make arrangements to pay all necessary fees directly to the AAA. If the arbitrator determines the claim(s) you assert in the arbitration are frivolous, you agree to reimburse AdviceCoach for all fees associated with the arbitration paid by AdviceCoach on your behalf, which you otherwise would be obligated to pay under the AAA’s rules.
The arbitration will be conducted through written submission, unless the arbitrator determines that a telephonic hearing is required. Except as otherwise provided in these Terms of Service, you and AdviceCoach may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. In the event this arbitration provision is held unenforceable by a court, or in the event AAA refuses to arbitrate the dispute, all controversies, disputes, demands, counts, claims, or causes of action between you and AdviceCoach shall be exclusively brought in the state or federal courts of New York.
Despite this provision, you may file a claim in a small claims court that has jurisdiction to hear the matter.
Severability and Integration
These Terms of Service and any supplemental terms, policies, rules and guidelines posted on the Services constitute the entire agreement between you and AdviceCoach. If any part of the Terms of Service 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.
You may not assign these Terms of Service without AdviceCoach’s prior written approval. AdviceCoach may assign these Terms of Service without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of AdviceCoach’s business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you and AdviceCoach as a result of these Terms of Service or your use of the Services. Our failure to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by AdviceCoach in writing.
The Services are operated by AdviceCoach LLC. All feedback, comments, requests for technical support and other communications relating to the Services should be directed to us at:
Attn: Susannah Bailin