Stream Coach Website Terms of Use

Last Revised April 23, 2021


Stream Coach provides the www.StreamCoach.tv website (the “Site”) to provide information and resources relative to its Stream Coach platform as well as its related products and services (collectively, Stream Coach’s “Services”), and to permit you to communicate with us.  In these Website Terms of Use (the “Terms of Use”), the words “Stream Coach” “we”, “us”, and “our” refer to Stream Coach LLC, a Texas limited liability company, together with its affiliates, successors, and assigns.  The words “you” and “your” refer to any person accessing or using the Site; however, if you access or use the Site on behalf of a company or other entity, you represent that you have authority to bind such entity and its affiliates to these Terms of Use and that it is fully binding on them. In any such case, the term “you” will refer to such entity.


The Site is composed of various web pages operated by Stream Coach, and is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained in these Terms of Use. Your use of the Site constitutes your agreement to all terms, conditions, and notices contained herein.  You also agree to the terms and disclosures contained in our Privacy Policy [Add hyperlink here].


If you disagree with any of the terms, conditions, and notices provided herein, please immediately leave and refrain from using the Site. If you have any questions or need any clarifications, please contact us [Add hyperlink here] before using the Site.  Please note that these Terms of Use were written in English; to the extent any translated version of these Terms of Use conflicts with the English version, the English version published by Stream Coach controls.


MODIFICATION OF TERMS

Stream Coach may modify these Terms of Use at any time.  Any such modifications will apply prospectively, from the date the modifications are made, as designated by the “Last Revised” date depicted above. Your use of the Site subsequent to any modifications will constitute acceptance of the Terms of Use as so changed. You expressly agree that, by updating the “Last Revised” date when modifications are made, we are providing you with sufficient notice of such modifications, and that you will therefore be bound thereby if you continue to use the Site. As such, please check the “Last Revised” date prior to each use of the Site by you, as you will be bound by this Agreement as it exists on the date of each such use.


NO CHILDREN UNDER 13

The Site is not directed at or intended for use by children under 13 years old. You may be required to provide a date of birth to register for certain functionality of this Site. You are not permitted to register or use Stream Coach’s Services if you are under 13.


OWNERSHIP OF THE SITE AND MATERIALS

All pages within this Site and any material made available for download or viewing are the property of Stream Coach, or its licensors or suppliers, as applicable. The Site is protected by United States and international copyright and trademark laws. The contents of the Site, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site (collectively, “content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by Stream Coach. You may not frame or utilize framing techniques to enclose, or deep link to, any name, trademarks, service marks, logo, content or other proprietary information (including; images, text, page layout, or form) of Stream Coach without our express written consent.


USERS OUTSIDE THE UNITED STATES

Please be advised that if you are located in the European Union or another region with laws related to data collection, use and transfer that may differ from U.S. law, your personal information submitted through the Site transferred to the U.S. may not have the same legal data protection as in your jurisdiction.


SITE ACCESS, SECURITY AND RESTRICTIONS

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Site or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law.


You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Site, deep link to any feature or content on the Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.  You may not modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site.  You may not post or transmit any information or software that contains a virus, worm, time bomb, Trojan horse, spyware, adware, malware or other harmful, malicious or disruptive component; or tamper with or damage the Site in any way whatsoever, including but not limited to by trespass, burdening network capacity, repeatedly posting the same or similar content, or uploading or otherwise disseminating viruses, worms, spyware, adware or other malicious code.


Violations of system or network security may result in civil or criminal liability. Stream Coach will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.


INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS STREAM COACH AND ITS MANAGERS, OFFICERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, AGENTS, PARTNERS, CLIENTS, COACHES, SPONSORS AND CONTRACTORS, FROM AND AGAINST ANY AND ALL LOSS, LIABILITY, CLAIMS, DEMANDS, DAMAGES, COSTS OR OTHER EXPENSES (INCLUDING REASONABLE LEGAL FEES) ASSERTED BY ANY THIRD PARTY DUE TO OR ARISING DIRECTLY OR INDIRECTLY OUT OF OR FROM (A) YOUR VIOLATION OF THESE TERMS OF USE, (B) YOUR VIOLATION OF ANY RIGHTS OF ANOTHER USER OF THE SERVICES, AND/OR (C) YOUR USE OR ACCESS OF THE SITE AND/OR ACTIVITIES IN CONNECTION WITH THE SERVICES OR SITE-RELATED SERVICES.  


CONSENT TO RECEIVE COMMUNICATIONS

If you register or sign up to receive alerts, emails, or any other communications from us, you consent to receive such communications.  You may opt out of these communications at any time using the prompts contained at the bottom of the communications.  


ACCURACY AND INTEGRITY OF INFORMATION

Although Stream Coach attempts to ensure the integrity and accurateness of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and content thereon. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Stream Coach so that it can be corrected. Information contained on the Site may be changed or updated without notice.


LINKS TO THIRD PARTY SITES

The Site may contain links to other websites ("linked sites"). The linked sites are not under the control of Stream Coach and Stream Coach is not responsible for the contents of any linked site, including without limitation any link contained in a linked site, or any changes or updates to a linked site. Stream Coach is not responsible for webcasting or any other form of transmission received from any linked site. Stream Coach is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Stream Coach of the site or any association with its operators.  You are encouraged to review any privacy policy or terms of service posted on the linked sites.


NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Site, you warrant to Stream Coach that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.


COPYRIGHT AND TRADEMARK NOTICES:

All contents of the Stream Coach Site are owned by Stream Coach or used with the owner’s permission. All rights reserved. You may not use any trademark or service mark appearing on or in the Services without the prior written consent of the owner of the mark.


USER SUBMISSIONS THROUGH THE SITE

If you submit to us (whether through the Site, by email, or otherwise) any comments, ideas, suggestions, information, files, images or other materials (collectively, “User Submissions”), you agree not to provide any User Submission that (1) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (2) contains or transmits a virus or any other harmful component. You represent and warrant to Stream Coach that you have the legal right and authorization to provide all User Submissions to Stream Coach for the purposes and Stream Coach’s use as set forth herein. Stream Coach shall have a royalty-free, perpetual, irrevocable, transferable right and license to use the User Submissions however Stream Coach desires, including without limitation, to copy, link to, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell, sublicense and/or distribute such User Submissions and/or incorporate such User Submissions into any form, medium or technology throughout the world. Stream Coach is and shall be under no obligation (1) to maintain any User Submissions in confidence; (2) to pay to you any compensation for any User Submissions; (3) to provide notice to you or attribution regarding any User Submissions; or (4) to respond to any User Submissions. Stream Coach and its subsidiaries, licensees and third party content providers and licensors have the right to assert and enforce these provisions relating to User Submissions directly or on its own behalf.


LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE STREAM COACH SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. YOU ACKNOWLEDGE THAT YOUR ACCESS TO THE SERVICES AND/OR SITE-RELATED SERVICES MAY NOT BE UNINTERRUPTED, ERROR-FREE, OR SECURE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES AND SITE-RELATED SERVICES. STREAM COACH MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. ADVICE RECEIVED VIA THE SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, LEGAL, OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION IN THOSE CIRCUMSTANCES.


STREAM COACH MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. STREAM COACH HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.


TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL STREAM COACH BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE, THE PROVISION OF OR FAILURE TO PROVIDE THE SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF STREAM COACH HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.


TERMINATION/ACCESS RESTRICTION

Your access to the Site or any portion of it may be revoked by Stream Coach at any time, in its discretion, with or without cause, and with or without notice to you.  If your access or account has been terminated, Stream Coach may, but is not obligated to, irretrievably delete any and all content stored pertaining to activity from your registration.


GENERAL 

To the maximum extent permitted by law, these Terms of Use are governed by the laws of the State of Texas, U.S.A., exclusive of its choice of law or conflict of laws rules, and in the event of a dispute arising out of or relating to use of this Site, other than injunctive relief and equitable relief, the dispute shall be submitted to binding arbitration under the Commercial Arbitration Rules and Mediation Procedures (available at http://www.adr.org) of the American Arbitration Association (“AAA”) then in effect.  The arbitration shall take place in Harris County, Texas and the arbitrator shall apply the law of the State of Texas and applicable rules of evidence. This agreement between you and Stream Coach to arbitrate any and all disputes (except as otherwise provided herein) is governed by and is subject to the Federal Arbitration Act or its successor or replacement statutes.  Any decision and findings of the arbitrator shall be final and binding on you and Stream Coach and held confidential by the parties, and you agree to execute all documents necessary to maintain such confidentiality.  YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING THEIR RIGHT TO A TRIAL IN A COURT OF LAW.  You and Stream Coach shall have the right to be represented by legal counsel at any arbitration proceeding, provided each party shall bear the cost of their own counsel.  The arbitrator shall have the authority to award such relief as would otherwise be permitted by law.  Questions of arbitrability shall be decided by the arbitrator. You waive any jurisdictional, venue, or inconvenient forum objections to arbitrating any disputes arising from or related to use of this Site in Harris County, Texas. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Stream Coach as a result of these Terms of Use or your use of the Site. Stream Coach’s performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of Stream Coach’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Stream Coach with respect to such use. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect. Unless otherwise specified herein or in another written agreement between you and Stream Coach, these Terms of Use constitutes the entire agreement between the user and Stream Coach with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Stream Coach with respect to the Site. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or paragraph title contained in these Terms of Use is inserted only as a matter of convenience and in no way defines or explains any paragraph or provision hereof. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Stream Coach without restriction.  


Any rights not expressly granted herein are reserved.


© 2021, Stream Coach LLC.