Terms and Conditions

COACHZING TERMS OF SERVICE

1.  Introduction

Thank you for visiting Coachzing.  Please read these Terms of Service and our Privacy Policy carefully as you must agree to both in order to be permitted to use our Service.

2.  Definitions

Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them.  The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:

“Agreement” refers to these Terms of Service;

“Brandable Resource Library” refers to our library containing content submitted by Experts and usable by End Users under certain conditions;

“Coachzing” refers to our company, known as “ACQYR Inc.”; our Site; our Service; or a combination of all or some of the preceding definitions, depending on the context in which the word is used;

“End User” refers to a person who uses our Service for reasons other than submitting content to our Brandable Resource Library;

“Expert” refers to a person who uses our Service to submit content to our Brandable Resource Library;

“Service” refers to the services that we provide through our Site, including our Brandable Resource Library and our Site itself;

“Site” refers to our website, www.coachzing.com;

“User” refers to End Users, Experts, and general visitors to our Site;

“You” refers to you, the person who is entering into this Agreement with Coachzing.

3.  How Coachzing Works

Coachzing provides marketing and publishing solutions for people who help people.  We help therapists, doctors, coaches, and health professionals to share their story to get more exposure, get more clients, and make more money selling their own line of products, services, and courses.

We offer a Brandable Resource Library where our Users can co-brand the coaching tools and resources with their business information.  We collect the content for the Brandable Resource Library from Experts and make it available to End Users for co-branding.

We also offer high-end publishing services, including:

• Our Speak to Publish system (Book publishing by the sound of your voice)
• Book Marketing Blitz (promote books through our advanced marketing system)
• Podcast Services
• Social Media Management Services
• White Label Products (clients can brand documents as their own)

4.  Eligibility

In order to use our Service, you must meet a number of conditions, including but not limited to:

• You must not be in violation of any embargoes, export controls, or other laws of Canada or other countries having jurisdiction over this Agreement, Coachzing, and yourself.  For example, you must not use our Service if doing so would violate the Export Control List (SOR/89-202).
• You must be the minimum age required to enter into a contract in the area in which you reside, and, in any event, must not be less than 18 years of age.
• You must provide us with personal information, payment information, and other information that we deem necessary to provide you with our Service.

5.  Disclaimer

Coachzing acts as a medium for Experts and End Users to provide and use content, respectively.  You agree that Coachzing makes no representations about the accuracy or suitability of any information provided by an Expert, or that any End User will comply with the extent of any licensing agreement entered into with said End User, and you release Coachzing from all liability relating to the same.

6.  Rules of Use

You agree that you will not:

• Violate the laws of Canada, its provinces and territories, or any foreign political entity having jurisdiction over this Agreement, whether or not the foreign political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country.
• Post or send anything which is violent, threatening, pornographic, racist, hateful, in violation of any applicable professional ethical standards (such as medical association guidelines), or otherwise objectionable according to the opinion of Coachzing or its delegates.
• Be fraudulent or negligent in your representations as to your qualifications.
• Infringe on anyone’s intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third party.
• Hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of the Coachzing Site, Service, or its Users’ computers.
• Use bots or other software to aggregate content posted on Coachzing.
• Do anything else which could bring Coachzing into disrepute or violate the rights of any person.

7.  Payment and Refunds

Payment for access to our Brandable Resource Library can be made by means of MasterCard or Visa via Stripe.com, or via PayPal.com.  Notwithstanding s. 8 of the Currency Act, R.S.C., 1985, c. C-52, unless otherwise stated, all prices are listed in United States dollars.  Pricing and additional terms may be located on our Site or communicated to you directly by other means and are hereby incorporated into this Agreement by reference.

Due to the extensive amount of time and resources involved, there are no refunds on any of our publishing or marketing services, except for the Brandable Resource Library.  End Users may cancel their subscription billing for the Brandable Resource Library at any time, but refunds are only available within the first 30 days of purchasing access to it.

8.  Chargebacks, Credit Card Cancellations, and PayPal Disputes

Where a User conducts a chargeback or PayPal dispute against Coachzing, Coachzing shall be entitled to the full amount lost by Coachzing as a result of the chargeback or PayPal dispute, as well as any reasonable attorneys’ fees, collection agency fees, court costs, disbursements, and other expenses incurred by Coachzing in its enforcement of its rights under this section.

If a User’s credit card or PayPal account is declined when attempting to rebill for a subscription, that User’s access to our Service may be terminated without notice.

9.  Our Copyright

Coachzing’s copyright is important to us.  Except in accordance with any licensing provisions elsewhere in this Agreement, you agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Site, including content found within the Brandable Resource Library, without receiving our prior written permission.

10.  Licensing Provisions

10.1 Experts

This subsection applies to any User who submits content to us as an Expert.  The following terms apply to you as an Expert:

• Coachzing must be assured that it has the right to use the content that is posted to its Brandable Resource Library by its Experts.  Such content may include, but is not limited to, photographs, videos, text, audio, and other materials.  Whenever submitting content to our website, you agree that you are granting us an exclusive, universal, perpetual, irrevocable, sublicensable, commercial and non-commercial right to use, distribute, sell, publish, and otherwise make use of the content that you submit to us without any compensation beyond—at Coachzing’s own discretion—permitting your content to be made available within our Brandable Resource Library with credit for the content attributed to you.  You warrant to us that you have the right to grant us this right over the content, and that you will indemnify us for any loss resulting from a breach of this warranty and defend us against claims regarding the same.
• In submitting your content to us, you agree that the content is, to the best of your knowledge, truthful, accurate, complete, and compliant with all legal and ethical standards applicable to those in your profession.
• Experts may include a biographical description about themselves.  Such biographical descriptions may include a single hyperlink of the Expert’s choosing.
• Coachzing may edit your content to the maximum extent possible without breaching your moral rights to the work.
• Coachzing reserves the right to publish the work in any category within its Brandable Resource Library, regardless of the category for which you have suggested it.
• It is the sole decision of Coachzing as to whether your content is published. There are no guarantees made that your submitted content will be published. We reserve the right to remove your content and/or account at any time for any reason.
• You agree that Coachzing and our End Users may use your image and name (including business name) in marketing and advertising materials.

10.2 End Users

This subsection applies to any User who uses our Service as an End User.

If you have paid the required subscription fee, you will be able to access our Brandable Resource Library and use the content found therein.  The use of this content is subject to a limited license which includes the following restrictions:

• You must not remove any identifiers as to the origin of the content from the content, including but not limited to any copyright notices identifying Coachzing as the copyright holder, and the attribution to the original author.
• You must not use the content other than in the original form of the PDF document which is provided to you.  You may co-brand the PDF document with your business name and logo, but it must not obscure any part of the document, including but not limited to the identifiers as to its origins; no other modifications to the document may be made.
• You may sell, give away, or otherwise transfer the documents to third parties, but you must make no representations to those third parties which would permit the further transfer or alteration of the documents, and you agree to indemnify Coachzing for any unauthorized use of such documents (including copyright infringement) which occurs by any party to whom you transfer them, including any attorneys’ fees that may be incurred by Coachzing in its enforcement of its rights under this section.
• You shall not represent that the views contained within the co-branded documents are those of Coachzing.
• Coachzing may revoke the license granted to you under this section at any time by providing you with written notice of such revocation by means of e-mail, fax, or post.  If such notice fails to reach you by means of any of the above methods, you agree that notice shall be deemed served upon you by means of sending it to your website’s hosting provider.  You agree that you shall have 24 hours from the time of receiving the notice described under this paragraph to remove any and all content subject to the license revocation and to cease making it available.

11.  Trademarks

“Coachzing” is a trademark used by us, ACQYR Inc., to uniquely identify our Site, Service, and business.  You agree not to use this phrase anywhere without our prior written consent.  Additionally, you agree not to use our trade dress, or copy the look and feel of our website or its design, without our prior written consent.  You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own competing business.

12.  Revocation of Consent

We may revoke our consent for your use of our intellectual property, or any other permission granted to you under this Agreement, at any time.  You agree that if we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you.

13.  Copyright & Trademark Infringement

We fully comply with the Copyright Act, R.S.C., 1985, c. C-42 and Trade-marks Act, R.S.C., 1985, c. T-13.  Additionally, though we do not acknowledge being subject to the jurisdiction of any foreign laws or courts, we may voluntarily comply with foreign intellectual property legislation where is it not inconsistent with the Canadian Charter of Rights and Freedoms.  Therefore, if you believe that your intellectual property rights have been infringed under Canadian or foreign law, please send us a message which contains:

• Your name.
• The name of the party whose rights have been infringed, if different from your name.
• The name and description of the work that is being infringed.
• The location on our website of the infringing copy (a URL or list of URLs is preferable).
• Your signature.

Please sign this request electronically and send it to us at support@coachzing.com.

14.  Libel

Should you intend to file a claim against us for libel, you must mitigate any of the alleged damages by serving us with a Notice of Libel Action within six weeks that the alleged libel has occurred, pursuant to Ontario’s Libel and Slander Act, R.S.O. 1990, c. L.12, s. 5 (1).  You may obtain our address for such notification by sending a request to support@coachzing.com.

15.  Representations & Warranties

WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE.  YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT.  TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.

YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.

YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY NEGLIGENT, FRAUDULENT, OR OTHERWISE TORTIOUS CONDUCT COMMITTED BY AN END USER OR EXPERT IN RELATION TO ANY OTHER PERSON.

YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY FAILURE ON THE PART OF A PAYMENT PROCESSOR, INCLUDING PAYPAL OR STRIPE OR THE CREDIT CARD COMPANY OR BANK THAT YOU USE TO FUND PAYPAL OR STRIPE, TO DIRECT PAYMENTS TO THE CORRECT DESTINATION, OR ANY ACTIONS ON THEIR PART IN PLACING A HOLD ON YOUR FUNDS.

WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.

THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT.  NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.

For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law.  Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.

IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES.  FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “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 OR HER SETTLEMENT WITH THE DEBTOR.”  YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE.  YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.

16.  Indemnity

You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of our Site or acceptance of the offers contained on it.  You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases.  You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements.  In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.

17.  Choice of Law

This Agreement shall be governed by the laws in force in the Province of Ontario.  The offer and acceptance of this contract is deemed to have occurred in the Province of Ontario.

18.  Forum of Dispute

This section limits your right of redress to us in accordance with the rights given to you under s. 7 of the Consumer Protection Act, 2002.

You agree that any disputes arising from or relating to this Agreement or any acts or omissions by Coachzing will be heard solely within the Superior Court of Justice of Ontario – Small Claims Division (“Small Claims Court”) and that, even if the damages to which you are entitled exceed the monetary jurisdiction of the Small Claims Court, and even if you are entitled to equitable relief or other relief not eligible to be granted by the Small Claims Court, you will waive those excess monetary damages or equitable relief and bring the action in the Small Claims Court.

19.  Force Majeure

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

20.  Severability

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.

If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Coachzing shall have the sole right to elect which provision remains in force.

21.  Non-Waiver

Coachzing reserves all rights afforded to us under this Agreement as well as under the provisions of any applicable law.  Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

22.  Termination & Cancellation

We may terminate your access to our Site and Service at our discretion without explanation, though we will strive to provide a timely explanation in most cases.  Our liability for refunding you, if you have paid anything to us, will be limited to the amount you paid for goods or services which have not yet been and will not be delivered, except in cases where the termination or cancellation was due to your breach of this Agreement, in which case you agree that we are not required to provide any refund or other compensation whatsoever.

Under no circumstances, including termination or cancellation of our Service to you, will we be liable for any losses related to actions of other Users.

23.  Assignment of Rights

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent.  We may assign our rights and/or obligations under this Agreement to any other party at our discretion.

24.  Amendments

We may amend this Agreement from time to time.  When we amend this Agreement, we update this page accordingly and post the date that it was last updated.  You must access this page each time you use our Service and read it if it has been updated since the last time you read it.  Your continued use of our Service shall constitute your acceptance of such changes.

25.  California Users and Residents

Coachzing permits residents of the State of California to use its Service.  Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Coachzing must be addressed to our agent for notice and sent via certified mail to that agent.  For our agent’s most current contact information, please send a request to support@coachzing.com.

Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Last Modified:  February 28, 2014