By using the KegelCoach.com web site, you are agreeing to be bound by the following terms and conditions just like a written negotiated agreement signed by KegelCoach and you.
BY ENTERING KEGELCOACH.COM (HEREAFTER “KEGELCOACH” and/or “SERVICE PROVIDER”), USER (HEREAFTER “YOU”) ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS, THAT THE PROVISIONS, DISCLOSURES AND DISCLAIMERS SET FORTH HEREIN ARE FAIR AND REASONABLE, AND THAT YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS IS VOLUNTARY AND IS NOT THE RESULT OF FRAUD, DURESS OR UNDUE INFLUENCE EXERCISED UPON YOU BY ANY PERSON OR ENTITY.
This is the primary web site of KegelCoach. All content including, but not limited to text, images and coding are protected by U.S. Federal and International Copyright and Trademark laws. No content may be copied or reproduced in any form, hosted elsewhere online, or utilized in any means without explicit written permission of KegelCoach.
1. "Effective Date" means the date which you commence using the Services.
2. "Services" means the provision of the following subscription services as selected by you during the ordering process and confirmed by email from the Service Provider:
* TRIAL: Up to 15 days of Services: $1.99, then $12.95/month*
* MONTHLY: $12.95
* 3 MONTHS: $29.95
* 6 MONTHS: $49.98
* 12 MONTHS: $73.80
* Limit: one trial per any of the following: name, email address, IP address, PayPal account. Accounts attempting more than one trial registration period will be blocked/banned using the information above. Cancelling your trial membership discontinues Services/access on the day of your cancellation.
3. "Subscription Fee" means the fee payable by you in U.S. dollars in advance in respect of the provision of the Services, as specified above and may be varied by Service Provider on notice to you from time to time.
4. "Subscription Period" means the period from the Effective Date until this Agreement is terminated in accordance with the provisions herein.
MEDICAL ADVICE DISCLAIMER
The Service Provider provides the Site and the services, information, content and/or data (collectively, “Information”) contained therein for informational purposes only. The Service Provider does not provide any medical advice on the Site, and the Information should not be so construed or used. Using, accessing and/or browsing the Site and/or providing personal or medical information to the Service Provider does not create a physician-patient relationship between you and the Service Provider. Nothing contained in the Site is intended to create a physician-patient relationship, to replace the services of a licensed, trained physician or health professional or to be a substitute for medical advice of a physician or trained health professional licensed in your state. You should not rely on anything contained in the Site, and you should consult a physician licensed in your state in all matters relating to your health. You hereby agree that you shall not make any health or medical related decision based in whole or in part on anything contained in the Site. You also agree to consult with your physican before using this site.
The opinions expressed in the Site are not necessarily the opinions of the Service Provider.
Any opinions of the Service Provider and/or other contributors on the Site are or have been rendered based on specific facts, under certain conditions, and subject to certain assumptions, and may not and should not be used or relied upon for any other purpose, including, but not limited to, for use in or in connection with any legal proceeding.
The Information may be changed without notice and is not guaranteed to be complete, correct, timely, current or up-to-date. Similar to any printed materials, the Information may become out-of-date. The Service Provider undertakes no obligation to update any Information on the Site; provided, however, that the Service Provider may update the Information at any time without notice in the Service Provider’s sole and absolute discretion. The Service Provider reserves the right to make alterations or deletions to the Information at any time without notice.
GRANT OF RIGHTS; RESTRICTIONS
1. Subject to all the terms and conditions of this Agreement, Service Provider shall supply the Services to you and grant you a personal, non-transferable, terminable license to use the Services from the Effective Date for the Subscription Period.
2. Service Provider shall use all reasonable endeavors to ensure that access to the Services is available at all times subject to planned and emergency downtime.
3. You hereby agree not to use the Services for any use that is: obscene, libelous, blasphemous, defamatory, inciting hatred, terrorism or any similar offense, unlawful or misleading; for any use that breaches third party copyright, including, without limitation, sharing copyrighted material that has not been legally obtained; undertaken on behalf of third parties; in contravention of any applicable local, state, national and foreign laws, treatises and regulations. In the event that you are in breach of this clause, or in Service Provider’s opinion, reasonably likely to become in breach, Service Provider may suspend the Services forthwith without notice and you hereby indemnify Service Provider in full for any loss or damage suffered by Service Provider as a result of your breach.
4. Your use of the Service is subject to Service Provider’s fair use policy which is as follows: You hereby acknowledge and agree that if, within any day or month, your usage materially exceeds more than the average level of daily or monthly usage of Service Provider’s customers for the same Services, then Service Provider reserves the right to terminate or suspend your account without prior notice. Upon login, your ISP may be recorded to help ensure compliance with this policy. No more than one login session under any one account may be used at any time.
5. Service Provider shall use all reasonable endeavors to notify you of planned downtime and unavailability of the Service however notwithstanding such obligation, Service Provider shall not be liable for any Service unavailability which arises as a result of emergency downtime and Service unavailability.
6. Unauthorized use of the Service, and/or the resale of the Services without Service Provider’s prior written consent, is expressly prohibited.
7. The trial offer entitles new, registered users to a one-time trial usage of the Services. At the end of the trial period you will be automatically subscribed and Service Provider will bill your payment method via PayPal for the Monthly membership at the then-current rate. If you wish to terminate the trial and do not wish to subscribe to the Services, you must cancel before the end of your trial period. Cancelling your trial membership discontinues Services/access on the day of your cancellation.
Service Provider has sole and exclusive ownership of all right, title, and interest in and to the Services and any software included in the Services, including all copyright and any other intellectual property rights therein. This Agreement conveys a limited right and license to use the Services made available to you and shall not be construed to convey title to or ownership of the Services or the software contained therein to you. All rights in and to the Services not expressly granted to you are reserved by Service Provider.
The password and log-on details provided to you are confidential to you and you hereby agree that you shall not share such information with any third parties. You shall notify Service Provider forthwith if you are aware of any third party having access to such information.
FEATURED MUSIC COPYRIGHTS
The music used on specific KegelTracks are protected and/or the creation or property of the following entities and are used by specific license or grant of rights:
Beginner-5: “Mellow Rock Jam” by http://www.freesoundtrackmusic.com
Beginner-6: “Tumbling Motion” by http://www.freesoundtrackmusic.com
Beginner-7: “Space Martini” by http://www.freesoundtrackmusic.com
1. In consideration for the provision of the Services, you shall pay Service Provider the nonrefundable Subscription Fee.
2. Your KegelCoach subscription will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional subscription rate. To change or cancel your subscription, visit the My Account area. If you cancel any non-trial membership, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. Cancelling your trial membership discontinues your service on the day of your cancellation.
3. If you upgrade your service level from one subscription to a higher priced subscription, (for example, from a monthly subscription to a six-month subscription), your current membership would continue until the end of its term at which time your new term would begin and its corresponding price would be charged to your PayPal account. PayPal and KegelCoach do not pro-rate subscriptions.
4. The Subscription Fee is exclusive of sales tax, which, if applicable to you, shall be payable by you at the then prevailing rate.
5. In the event that the Subscription Fee, as appropriate, is not collected in accordance with the provisions herein, Service Provider may deny you access to the Services without notice.
6. Should you choose to cancel your account, you agree to do so by clicking the "Permanently cancel my account" link on the MY ACCOUNT page. After which time, you understand that you must also log in to your PayPal account and cancel your subscription payments or your payments will continue to be billed by PayPal. KegelCoach does not cancel subscriptions from your personal PayPal account. It is up to you to do so before you are automatically billed at the start of your next billing cycle. KegelCoach is not responsible for returning payments collected after the cancellation of your KegelCoach account. It is your responsibility to follow the directions above (and also given at time of cancellation) to discontinue PayPal account debiting. Should you fail to cancel in time, rather than issue a refund, you will have unlimited access to the Service for the length of time your payment covers. Canceling your trial membership discontinues your service/access on the day of your cancellation.
Current Information Required
YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY KEGELCOACH IF YOUR PAYMENT METHOD IS CANCELLED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE FROM KEGELCOACH’S MEMBERS-ONLY SECTION UNDER "MY ACCOUNT". IF YOU FAIL TO PROVIDE KEGELCOACH ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT KEGELCOACH MAY CONTINUE CHARGING YOU FOR ANY USE OF THE SERVICE UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR THE SERVICE (CONFIRMED BY YOU IN WRITING UPON REQUEST BY KEGELCOACH).
Reaffirmation of Authorization
Your non-termination of the Service reaffirms that KegelCoach is authorized to charge your Payment Method. KegelCoach may submit those charges for payment and you will be responsible for such charges. This does not waive KegelCoach’s right to seek payment directly from you.
Please note that allowing PayPal-registered credit cards to expire… not having sufficient funds in your PayPal account… or not otherwise submitting payment by PayPal regardless of invoice receipt status will not automatically cancel your account as we maintain all account data, allow subscriptions to occur, and allow you access to your account. You will remain responsible for paying the monthly charge, which will accrue to your account, until we receive a cancellation notice.
We will send notice to the email on record if a card is declined. We reserve the right to send deliquent accounts to a collection agency if they are not paid within 3 months.
Change in Amount Authorized
If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and KegelCoach shall provide, notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction. Any agreement you have with your Payment Method Provider will govern your use of your Payment Method. You agree that KegelCoach may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
TERM AND TERMINATION
This Agreement shall commence on the Effective Date and shall continue in effect for the Subscription Period. If either party breaches this Agreement in any material respect, the other party may give written notice to the breaching party of its intent to terminate, and if such breach is not cured within thirty (30) days after the breaching party’s receipt of such notice, this Agreement shall terminate without any further notice required. Without prejudice to the foregoing, in the event that you breach the provisions of clause 2, Service Provider may suspend and/or terminate the Services forthwith without notice.
Upon any termination of this Agreement, (a) the rights and licenses granted to you herein shall terminate; (b) you shall cease all use of the Services; and (c) Service Provider shall at its own discretion remove and/or purge your data and account from the system.
The Site may open to other registered users of this Site. Therefore, consider your comments carefully and do not include anything in a comment that you would like to keep private. By making available any information to the Service Provider in the form of user generated comments or otherwise, you grant the Service Provider the unlimited, perpetual right to distribute, display, edit, publish, reproduce, reuse, or copy the information contained therein. The Service Provider may accept or deny any posting.
You are responsible for the content you post. You may not impersonate any other person through the Site. You may not post content that is obscene, defamatory, threatening, fraudulent, invasive of another person’s privacy rights, or is otherwise unlawful. You may not post content that infringes the intellectual property rights of any other person or entity. You may not post any content that contains any computer viruses or any other code designed to disrupt, damage, or limit the functioning of any computer software or hardware.
By submitting or posting content on the Site, you grant the Service Provider and any company substantially under the control of the Service Provider, the right to remove any content or comment that, in Service Provider’s sole judgment, does not comply with the terms and conditions of this Agreement or is otherwise objectionable. You also grant the Service Provider and any company substantially under the control of Service Provider the right to modify, adapt, and edit any content.
THIRD PARTY LINKS AND ADVERTISEMENTS DISCLAIMER
WARRANTIES AND LIABILITY
THE SERVICE PROVIDER MAKES NO REPRESENTATIONS AND/OR WARRANTIES ABOUT, ANY PRODUCT OR SERVICE CONTAINED THEREIN.
DISCLAIMER OF ALL WARRANTIES
The Information made available at the Site is provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, either express or implied, including, without limitation, warranties of title, non-infringement, and implied warranties of merchantability or fitness for a particular purpose. Without limiting the generality of the foregoing, the Service Provider makes no warranty, representation or guaranty as to the content, sequence, accuracy, timeliness or completeness of the Information, that the Information may be relied upon for any reason or that the Information will be uninterrupted or error free or that any defects can or will be corrected.
Without limiting the generality of the foregoing, the Service Provider makes no representations or warranties with respect to any Information offered or provided within or through the Site regarding treatment of medical conditions, action, or application of medication.
Under no circumstances, as a result of your use of the Site, will the Service Provider be liable to you or to any other person for any direct, indirect, special, incidental, exemplary, consequential or other damages under any legal theory, including, without limitation, tort, contract, strict liability or otherwise, even if advised of the possibility of such damages. Without limiting the generality of the foregoing, the Service Provider shall have absolutely no liability in connection with the Site for:
1. damages as a result of lost profits, loss of good will, work stoppage, failure of performance, delays in operation or transmission, non-delivery of information, deletions of files, mistakes, defects, errors, interruptions or computer failure or malfunction;
2. any loss or injury of any kind caused, in whole or in part, by the Service Provider’s actions, omissions, or negligence, or for contingencies beyond the Service Provider’s control, in procuring, compiling, or delivering the Information;
3. any errors, omissions, or inaccuracies in the information regardless of how caused, or delays or interruptions in delivery of the Information; or
4. any decision made or action taken or not taken in reliance upon the information.
In addition, Service Provider does not represent or warrant that: (i) the use of the Services will be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (ii) the Services will meet your requirements or expectations, (iii) errors or defects will be corrected, (iv) the Services or the server(s) that make the Services available are free of viruses or other harmful components. The Services are provided to you strictly on an "as is" basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law.
Your sole remedy with respect to any claims arising out of this Agreement shall be limited in the aggregate to the monies paid by you to Service Provider under this Agreement during the twelve (12) month period preceding the event giving rise to such liability.
In no event shall Service Provider be liable for:
(a) any special, indirect, incidental or consequential damages, including loss of profits and goodwill, business or business benefit, or the cost of procurement of substitute products or services by you even if advised of the possibility of such damages;
(b) any delay or failure to provide the Services that is due to third parties, including, without limitation, internet service providers, data centers, server hosting companies and telecommunications companies;
(c) credit card fraud committed against you by any third party provider of credit card services.
The Service Provider may, in the Service Provider’s sole and absolute discretion, modify the terms and conditions of this Agreement in whole or in party at any time for any reason without any notice to you, whether prior or otherwise. Such modified terms and conditions shall supersede these terms and conditions and shall become binding when published online on the Site.
You shall not assign this Agreement, in whole or in part, without the prior written consent of Service Provider. This Agreement and its performance shall be governed by and construed in accordance with and the parties hereby submit to the exclusive jurisdiction of the laws of the United States, state of California. You agree that because of the unique nature of the Services and Service Provider’s proprietary rights therein, a demonstrated breach of this Agreement by you would irreparably harm Service Provider and monetary damages would be inadequate compensation. Therefore, you agree that Service Provider shall be entitled to preliminary and permanent injunctive relief, as determined by any court of competent jurisdiction to enforce the provisions of this Agreement.
If any provision of this Agreement or the Services thereof is declared void, illegal, or unenforceable, the remainder of this Agreement will be valid and enforceable to the extent permitted by applicable law. In such event, the parties agree to use their best efforts to replace the invalid or unenforceable provision by a provision that, to the extent permitted by the applicable law, achieves the purposes intended under the invalid or unenforceable provision.
Any failure by any party to this Agreement to enforce at any time any term or condition under this Agreement will not be considered a waiver of that party’s right thereafter to enforce each and every term and condition of this Agreement.
Neither party will be responsible for delays resulting from circumstances beyond the reasonable control of such party, provided that the nonperforming party uses reasonable efforts to avoid or remove such causes of nonperformance and continues performance hereunder with reasonable dispatch whenever such causes are removed.
You agree that any claims or causes of action arising out of or related to this Agreement and the Site, along with the Information contained therein, shall be filed within one (1) year after such claim or cause of action arose, or such claim or cause of action shall be forever barred.
This Agreement (i) constitutes the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes all prior agreements, oral and written, made with respect to the subject matter hereof, and (ii) cannot be altered except by agreement in writing executed by an authorized representative of each party. No purchase order and/or standard terms of purchase provided by you shall supersede this Agreement.
Nothing in this Agreement shall give, directly or indirectly, any third party any enforceable benefit or any right of action against Service Provider and such third parties shall not be entitled to enforce any term of this Agreement against Service Provider.
The Site is intended for persons eighteen (18) years or older. Persons under the age of eighteen (18) should not access, use and/or browse the Site.
You agree to indemnify and hold the Service Provider harmless from any claim or demand, including attorneys’ fees, made by any third party as a result of (1) any content posted or made available by you on this Site, (2) any violation of law that occurs by you through the Site, and/or (3) anything you do using the Site and/or the Information contained therein.
The Service Provider’s failure to exercise or enforce any right or provision of this Agreement shall not be deemed to be a waiver of such right or provision.
THE SITE AND THE INFORMATION CONTAINED THEREIN IS MADE AVAILABLE BY THE AUTHOR FOR EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED TO PROVIDE MEDICAL ADVICE. BY ACCESSING THE SITE, YOU UNDERSTAND AND ACKNOWLEDGE THAT THERE IS NO PHYSICIAN-PATIENT RELATIONSHIP BETWEEN YOU AND THE AUTHOR. YOU FURTHER ACKNOWLEDGE YOUR UNDERSTANDING THAT THE SITE SHOULD NOT BE USED AS A SUBSTITUTE FOR COMPETENT MEDICAL ADVICE FROM A LICENSED PHYSICIAN IN YOUR STATE.
If you have any questions regarding this Agreement or if you wish to discuss the terms and conditions contained herein please contact Service Provider at: KegelCoachTeam @ KegelCoach.com