Terms and Conditions – Coach Capital Partners
1. Acceptance of Terms
This website, located at www.coachcapitalpartners.com (the “Site”) has been provided by
Coach Capital Partners Inc., a California Corporation (hereinafter “Coach Capital”) to
any person or entity that accesses, browses, or otherwise uses the Site, either manually or
via an automated device or program (hereinafter “User” or “Users”). The Site is subject
by Coach Capital from time to time. By becoming a User of the Site, User agrees to be
bound by all terms of this Agreement. If User has any questions about this Agreement,
please contact Coach Capital promptly at Payam@coachcapitalpartners.com prior to
using the Site.
2. Term, Termination, Modification
The term of this Agreement shall begin on the day that User first accesses the Site and
shall continue until terminated by either party. Any right or remedy Coach Capital may
have at law or equity shall survive termination. Coach Capital may, in its sole discretion,
block or cancel User’s access to the Site.
Coach Capital may, in its sole discretion, amend, supplement or modify this Agreement
from time to time. User’s continued use of the Site following any new updated posting
shall be considered a unilateral acceptance of such changes. If User has any issue with
any changes that have been made with the Site, please promptly email Coach Capital at
3. Description of Services
Coach Capital is a business, that amongst other things, assists in acquiring the funds one
may need in for an acquisition, construction, a bridge loan to simply complete a
construction project, or for the rehabilitation of an existing structure. Anyone person or
entity who takes advantage of the aforementioned software or Site in any way, form, or
fashion whatsoever, shall be considered a User for purposes of this Agreement, subject to
this Agreement, and all restrictions within.
4. Conditions of Use
If a User chooses to purchase anything on the Site, such User might be required to
provide certain personally identifiable information, including but not limited to, name,
address, and email address, (collectively “Registration Information”). Providing false
Registration Information on the Site constitutes a material breach of this Agreement, to
which Coach Capital may immediately terminate User’s access to the Site. If a User is
registered though the use of a proxy, that particular representative expressly represents
that he, she, or it has the proper authority and permission to register such User on the Site. Any false or misrepresentation of authority is cause for immediate termination of
access to the Site.
5. Fees & Refund Policy
Any fees charged for access and viewing of content through Coach Capital’s Site are
subject to change at any time. Coach Capital does not issue refunds once User has
accessed or viewed any paid for information. Coach Capital expressly reserves the right,
in its sole discretion, to give a full or partial refund of any monies paid.
6. Lawful Use of Site; Prohibited Conduct
User shall not conduct the following activities while on the Site:
1) Any Registration Information, computer information, or other information User
provides to Coach Capital in connection with User’s use of the Site: (a) shall not
be false, inaccurate, deceptive, deceitful, or misleading; (b) shall not contain any
viruses of any kind, Trojan horses, worms, time bombs, or other computer
programming routines that are intended to damage, detrimentally interfere with,
surreptitiously intercept or expropriate any system, data or personal information;
(c) shall not infringe any third party’s copyright, patent, trademark, trade secret or
other proprietary rights or rights of publicity or privacy; (d) shall not be
defamatory, trade libelous, unlawfully threatening or unlawfully harassing,
invasive of another’s privacy, or harm minors in any way; (e) shall not create
liability for Coach Capital or cause Coach Capital to lose (in whole or in part) the
software products or Coach Capital’s suppliers; and (f) shall not include personal
or identifying information about another person who does not wish to be included.
Users shall comply will all applicable laws, statutes, ordinances and regulations
regarding use of the Site. Coach Capital reserves the right to report any
wrongdoing, if Coach Capital becomes aware of it, to the applicable government
2) Capture, download, save, upload, print or otherwise retain information or
content available on the Site other than what the User has paid for, in accordance
with any license agreements User may be required to click and accept or
otherwise is expressly allowed by this Agreement.
3) Permit or provide others access to Coach Capital’s content using User’s
username and password, or otherwise or the name and password of another
authorized user of the Site.
4) Copy, distribute, perform, display, modify, reverse engineer, disassemble,
redistribute, republish, alter, create derivative works from, assign, license, transfer
or adapt any of the software, information, text graphics, source code or HTML
code, or other content available on the Site. 5) Remove or modify any copyright trademark, legal notices, or other proprietary notations from the content available on the Site.
6) Transfer the Site’s content to another person; “frame”, “mirror”, “in-line link”, or employ similar navigational technology to our website content; or “deep link” to the Site content.
7) Violate or attempt to violate Coach Capital’s security mechanism’s access any data or server User is not authorized to access or otherwise breach the security the Site or corrupt it in any way.
8) Engage in any other conduct which violates the laws of the Unites States or any foreign jurisdiction.
9) Use any device or other means to harvest information about other users, Coach Capital websites or other entities or people that work with Coach Capital.
10) Use or attempt to use the Site or any of our content or violate a third party’s intellectual property, personality, publicity or confidentiality rights; upload, download, display, publish, perform, create derivative works from, transmit or otherwise distribute information or content in violation of a third party’s intellectual property rights.
11) Misrepresent User identity or personal information when accessing the Site; forge any TCP/IP packet header or any part of the header information in any e-mail so that the e-mail appears to be generated by Coach Capital
12) Post obscene, harassing, defamatory, filthy, violent, pornographic, abusive, threatening, objectionable or illegal material on the Site; post a communication that advocates or encourages criminal conduct or conduct that may give rise to civil liability.
13) Advertise or otherwise solicit funds, goods, or services on or through the Site.
14) Prove any commercial hosting service with access to the Site and/or its content or programs.
If User breaches any provision of the above, Coach Capital may not only immediately terminate User’s access to the Site, but User agrees that Coach Capital shall be authorized to bring any and all legal action against User allowed within the law for such tortuous conduct.
7. Limited Warranty.
Coach Capital provides the Site and the software products within “as is” and without any warranty or condition, express, implied or statutory. Coach Capital specifically disclaims,and User expressly waives, any implied warranties of title, merchantability, and fitness for a particular purpose, accuracy of informational content and non-infringement. User assumes total responsibility and risk for use of the Site, use of any service providers obtained from the Site, the software products, and any hyperlinked web sites. Coach Capital makes no warranty that the site will meet User’s specific requirements or expectations, of the sales within the Site, the amounts of the sale within the Site, or any of the specifics behind the details behind the sales of the Site, or that software products or services will be uninterrupted, timely, secure or error free, nor do we make any warranty as to the results that may be obtained from the use of the software products or as to the accuracy or reliability of any information obtained through the site or that any defects will be corrected. No advice or information, whether oral or written, obtained by a user from Coach Capital shall create any warranty not expressly made herein. This disclaimer is made to the fullest extent permitted by law. Notwithstanding the above, if for any reason, a court of law deems that Coach Capital is liable to User for any damages, such damage shall be limited to replacing any defective mediate, or restoring access to the applicable streamed content, or if applicable refund the entirety of the fee paid and correct any information on the Site deemed to be inappropriate.
8. License Granted
User grants Coach Capital a non-exclusive, worldwide, perpetual, irrevocable, royalty-
free, sub-licensable right to exercise the copyright and publicity rights User has in the Registration Information provided to Coach Capital by User, in any media, whether now known, or hereafter to become known.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended to be created or in fact is created by this Agreement between User and Coach Capital. This Agreement is between the User and Coach Capital and is not intended to be for the benefit of any third party. If there is a dispute between participants on this Site, or between User and any third party, User understands and agrees that Coach Capital shall not be under any obligation to become involved. In the event that one User has a dispute with one or more other Users or third parties, both Users hereby expressly and unconditionally release Coach Capital, Coach Capital’s officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or services. User shall also fully indemnify Coach Capital, its officers, employers, agents, successors and the like fully for any claims made by a third party, including claims for costs and attorneys fees.
10. Third Party Content; Hyperlinks.
The Site may contain links and references to other third party websites and materials. Coach Capital does not assume any responsibility for this or for any materials and provide these links or materials solely for your convenience. Coach Capital may disable any hyperlink to its Site at any time. We reserve the right, but are not obligated to, subject to applicable laws, to monitor third party websites and hyperlinks on and to our website. Coach Capital makes no warranty, either expressed or implied, of the accuracy, merchantability, fitness for a particular purpose, title or non-infringement of, nor any implied indemnities for any data or information provided by third parties. This includes, but is not limited to, any information found on any link located on the Site that allows Users to access information found on another site. Additionally, Coach Capital does not represent or warrant the existence or functionality of any website which can be accessed through a link located on a Coach Capital website.
11. Warranty on Content; User Must Verify.
At any given time, this Site may contain references specific properties, sold properties, percentage of occupancies, estimated values, featured properties, property listings and specific experience with representations and the like. Coach Capital has, to the best of its abilities attempted to keep all of the information accurate on its Site. However, it is User’s sole responsibility to check and verify the Site’s information with its own sources. User should not rely solely on the Site in terms of appraised values, purchase price, or when making any monetary decisions at all and should always consult financial and legal professionals in order to verify all information. Coach Capital makes no warranty, either expressed or implied, of the accuracy, merchantability, fitness for a particular purpose, title or non-infringement of, nor any implied indemnities for any data portrayed on the Site. This includes, but is not limited to, any information on pricing, evaluations, estimated values, marketing materials, sales, costs, and specific experience of any particular employee within a particular area. Coach Capital strongly recommends that User obtain the advice of its own financial and legal advisors prior to making any decision that could influence Users
12. Posting on Coach Capital
Coach Capital reserves the right, but not the obligation, to refuse to post, or to remove any content or portions thereof, in any media worldwide if it contains or features any content Coach Capital, in its sole discretion, deems inappropriate. With respect to content User submits or make available for inclusion on the Site, (“Content”), User grants Coach Capital a world-wide, royalty-free, perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed. This license means that Coach Capital, its parent, subsidiary or affiliated companies have the unrestricted, perpetual and exclusive right to use, reproduce, modify, transmit, and distribute any andall materials and communications regarding and including submitted reviews, or portions thereof, in any media worldwide.
13. Security; Authorized Use
Coach Capital utilizes reasonably secure servers to protect User’s Registration Information. Users shall not disclose Registration Information to third parties. Users understand that they are fully responsible for all activities which occur under their Registration Information. User agrees to immediately notify Coach Capital in writing of any unauthorized use of User’s own account. Anyone deemed a proxy, in charge of another User’s account, agrees to refrain from disclosing Registration Information to third parties, unless written consent from Coach Capital is obtained prior to such information is disclosed. Furthermore, User may not, directly or indirectly violate or attempt to violate the security of any Coach Capital Site. Coach Capital has the right, but not the obligation to investigate occurrences of possible violations and shall cooperate with all applicable law enforcement authorities in prosecuting violators. Coach Capital may immediately suspend User access while it conducts an investigation. Users are required to enter a user name and password o access content. To protect against unauthorized access to your account, we recommend you close your browser when you have finished using our website. User is responsible for maintaining the secrecy of its user name and password. If User is entering into this Agreement on behalf of a third party or entity, then User represents and warrants that it has the power and authority to enter into these terms and bind such person or entity. Coach Capital will never ask User for a new password. If you need a new user name and/or password, Coach Capital will generate a new user name and password automatically through its computers and send it to your email or postal address.
14. Privacy Statement; Email
Users acknowledge that the Site may link to other sites on the World Wide Web which may not controlled by Coach Capital and that the collection of a Coach Capital’s data by these other sites may be outside the scope of Coach Capital’s control. Coach Capital reserves the right to monitor a User’s use of the Site. Users acknowledge that by becoming a User, they consent to receipt of certain email messages from Coach Capital in connection with the use of the Site and software, including without limitation newsletters, notifications by league managers, captains and other players and reminders of events, event schedules and attendance.
15. System Integrity
Users shall not use any device, software, or routine to interfere with the proper working of the Site. Users shall not use any method to intercept or expropriate any system data orinformation from the Site without the express written consent of Coach Capital. Consent shall not take any action that imposes an unreasonable burden upon the infrastructure used to support the efficient operation of the Site including but not limited to unsolicited email or Spam. Users shall not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without the prior expressed written permission of Coach Capital. Information on the Site is frequently updated and is proprietary or is licensed to Coach Capital. Users shall not copy, reproduce, alter, modify, create derivative works, or publicly display any content from the Coach Capital web site without the prior expressed written permission of Coach Capital and the appropriate third party.
16. System Outages
Coach Capital periodically schedules system downtime for maintenance and other purposes. Unplanned system outages also may occur. User understands and expressly assumes such risk. Coach Capital shall therefore have no liability whatsoever for the resulting unavailability of the Site or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, mis-delivery, non-delivery of information caused by such system outages, or any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Site.
17. Other Limitations of Liability
Coach Capital, its parent company, shareholders, affiliates, suppliers or their respective authorized representatives shall not be liable for any indirect, consequential, incidental, special, punitive or exemplary damages, or for any loss of profits or revenue, including but not limited to loss of sales, profit, revenue, goodwill, or downtime, (however arising in tort, contract, or otherwise) regardless of such party’s negligence or whether such party knew or should have known of the possibility of such damages. If any court of competent jurisdiction strikes the above clause down for whatever reason, Coach Capital’s liability shall still be limited to the fullest extent permitted by law. Users understand and agree that the download and upload of any material through this site is done at User’s discretion and risk and that User’s will be solely responsible for any loss or damage to User’s computer system or loss of data that may result in the download or upload of any material. Coach Capital neither assumes, nor does it authorize any other person to assume on its behalf, any other liability in connection with the provision of the site and software products. The limitations of liability provided in this Agreement inure to the benefit of Coach Capital, our parent company, shareholders, affiliates and to all of our respective officers, directors, employees, attorneys and agents and, in each case, liability is limited to the fullest extent permitted by law.
User shall indemnify, defend and hold harmless Coach Capital, its parent company, shareholders, subsidiaries, affiliates, officers, directors, employees, agents and advisors from and against any and all claims, demands, actions, costs, liabilities, losses anddamages of any kind (including attorneys’ fees and costs) resulting from User’s use of the Site or software products provided hereunder by Coach Capital and Visitor’s or User’s breach of any provision of this Agreement or any intentional wrongdoing by Visitor or User.
Notices to User and Coach Capital shall be by email or sent via certified mail, return receipt requested. Email to Coach Capital shall be sent to _________@Coach Capital.com or, if by certified mail, to Coach Capital, such notice shall be sent to: ________________________________________________________. Email Notices sent to Users within the USA shall be sent to the email address contained in User’s Registration Information. US Mail to User shall be sent to the address User provides. If User fails to provide such an address then Coach Capital shall not be under an obligation to locate or sent US Mail. User is responsible for keeping User’s Registration Information current. Coach Capital shall not be responsible for User’s failure to receive notice if User’s Registration Information is incomplete, not current, or otherwise inaccurate. Notice sent by email shall be deemed given twelve (12) hours after email message is sent. Users can modify email addresses and other Registration Information previously provided to us by emailing ________________________or by updating their account information online.
20. Electronic Signatures
Any document or record, including this Agreement, which is transmitted or received by electronic transmission by either party shall be treated in all manner and respects as an original signed document where sufficient indicia of acceptance by the respective party exists. Accessing the Site constitutes acceptance of this Agreement by User.
21. Governing Law and Choice of Forum
This Agreement shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules and matters affecting copyrights, trademarks and patents under U.S. federal law. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys’ fees. Any suit relating to this Agreement, the Site or the software products shall be brought exclusively in the courts of San Diego, the Parties consent to the jurisdiction thereof.
22. Third Party Advertisers
Coach Capital may, in its sole and absolute discretion, use third party advertising companies to serve ads on its behalf. These companies may employ cookies and action tags (also known as single pixel gifs or web beacons) to measure advertising effectiveness. Any information that these third parties collect via cookies and action tags is completely anonymous.23. Miscellaneous In the event that one or more portions of this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or unenforceability shall not affect any other provision contained in this Agreement. The headings used throughout this Agreement are solely for the convenience of reference and are not to be used as an aid in the interpretation of this Agreement. The delay or failure of the Parties, at any time or times, to require performance of any provision hereof shall in no manner affect Party’s right at a later time to enforce such provision. No delay or failure of a Coach Capital’s right in exercising any right hereunder shall constitute a waiver of such right or any other rights hereunder. This Agreement and any documents expressly incorporated by reference, constitute the entire agreement between the Parties, pertaining to the subject matter hereof. User understands and accepts that Coach Capital, in its sole discretion, may unilaterally amend or modify this Agreement or any other documents referenced herein at any time by posting notice on the Site. Any amended or modified terms will be effective upon posting. Continued use of or visits to the Site constitutes acceptance of any modified terms and conditions. Coach Capital may, at any time, assign its rights or delegate its obligations hereunder without notice to User.