Sports Psychology Coaching

Legal Notices



Terms and Conditions of Use

This page states the Terms and Conditions under which you may use this Web Site. Please read this page carefully. If you do not accept the Terms and Conditions stated here, do not use the Web Site. Bill Cole, MS, MA may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions, because they are binding on you. Bill Cole, MS, MA reserves the right to change the terms of this User Agreement or to modify any features of this Web Site at any time without notice to you, and you agree to be bound by such changes. Any changes to this User Agreement shall become a part of this User Agreement and shall apply as soon as they are posted. The most current version of the User Agreement can be viewed at any time at: www.sportspsychologycoaching.com.

Section 1. Use of Material

Bill Cole, MS, MA authorizes you to view and download a single copy of the material on this Web Site (www.sportspsychologycoaching.com) solely for your personal, noncommercial use. Special rules may apply to the use of certain software and other items provided on the Web Site. Any such special rules are listed as "Legal Policies" on this Web Site and are incorporated into this Agreement by reference. The contents of the Web Site, such as text, graphics, images and other material ("Material") are protected by copyright under both United States and foreign laws. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose, unless otherwise noted. The use of the Material on any other Web Site or in a networked computer environment for any purpose is prohibited, unless otherwise noted. Bill Cole, MS, MA reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Web Site (or any part thereof) with or without notice. You agree that Bill Cole, MS, MA shall not be liable to you or any third party for any modification, suspension or discontinuance of the Web Site. These Terms of Use are effective until terminated by either party. Your access to the Web Site (www.sportspsychologycoaching.com) may be terminated immediately without notice from us if, in our sole discretion, you fail to comply with any term of these Terms of Use. Upon such termination, you must cease use of the Web Site (www.sportspsychologycoaching.com) and destroy all materials obtained from such site and all copies thereof, whether made under the terms of these Terms of Use or otherwise. You may terminate at any time by discontinuing use of the Web Site (www.sportspsychologycoaching.com).

Section 2. Your Account

If you use this Web Site (www.sportspsychologycoaching.com), you are responsible for maintaining the confidentiality of membership and account information, credit card information, usernames, passwords and ID's that may be required to use the Web Site (www.sportspsychologycoaching.com) from time to time ("Account Information") and for restricting access to your computer or other devices, and you agree that you are responsible for all activity that occurs under or with the use of your Account Information (including, without limitation, usernames and password). Bill Cole, MS, MA reserves the right in his sole discretion to refuse access to this Web Site or services provided through it, terminate accounts and usage rights, edit or remove content or Submissions (as defined below) and cancel orders or requests for materials made through the site.

Section 3. Liability

TThe Material on the Web Site may contain inaccuracies or typographical errors. Bill Cole, MS, MA makes no representations about the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the Web Site and the Material. The use of the Web Site and the Material is at your own risk. Bill Cole, MS, MA does not warrant that the Web Site will operate error-free or that this Web Site and its server are free of computer viruses and other harmful goods. If your use of the Web Site or the Material results in the need for servicing or replacing equipment or data, Bill Cole, MS, MA is not responsible for those costs. Bill Cole, MS, MA also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Web Site or your downloading of any materials, data, text, images, video, or audio from the Web Site. Information may be changed or updated without notice. Bill Cole, MS, MA has no obligation to update information presented on this Web Site; therefore, information contained herein may be out of date at any given time. Changes, revisions or enhancements to products, services or account information described in this Web Site may occur at any time without notice. The Web Site and Material are provided on an "as is" basis without any warranties of any kind. Bill Cole, MS, MA, and its suppliers, to the fullest extent permitted by law, disclaim all warranties, including the warranty of merchantability, non-infringement of third-parties rights, and the warranty of fitness for particular purpose. Bill Cole, MS, MA and its suppliers make no warranties about the accuracy, reliability, completeness, or timeliness of the material, services, software, text, graphics, and links. Bill Cole, MS, MA cannot guarantee completion of any future products or product features mentioned on this Web Site, and no reliance should be placed on their availability. Bill Cole, MS, MA is not rendering any legal or professional services by placing information on this Web Site. Bill Cole, MS, MA assumes no liability or responsibility for any errors or omissions in information on this site. Images of people or places displayed on the Web Site are either the property of, or used with permission by, Bill Cole, MS, MA. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific written permission provided elsewhere on the Web Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, or communications regulations and statutes. No one may systematically retrieve Material from the site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from Bill Cole, MS, MA.

Section 4. Disclaimer of Consequential Damages

In no event shall Bill Cole, MS, MA, its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors, or any third parties mentioned at this site be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages, including reasonable attorneys' fees, resulting from lost data, lost opportunity, or business interruption) resulting from the use or inability to use the Web Site and the Material, whether based on warranty, contract, tort, or any other legal theory, and whether or not Bill Cole, MS, MA are advised of the possibility of such damages. You assume the entire cost of all necessary servicing, repair or correction. Bill Cole, MS, MA reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide Bill Cole, MS, MA with such cooperation as is reasonably requested by Bill Cole, MS, MA. In no event does any material provided by or on this Web Site constitute legal, financial, psychological, sports, health, nutritional, counseling or medical advice. Use the information and material provided by or on this Web Site only with the assistance of competent legal, financial, psychological, sports, health, nutritional, counseling or medical counsel. Visitors to this Web Site use www.sportspsychologycoaching.com at their sole risk.

Section 5. Links to Other Sites

This Web Site contains links to third party Web Sites. These links are provided solely as a convenience to you and not as an endorsement by Bill Cole, MS, MA of the contents on such third-party Web Sites. Please exercise discretion while browsing the Internet using the Web Site. You should be aware that while you are on the Web Site, you could be directed to other sites that are beyond our control. There are links to other sites from Web Site pages that take you outside of our service. This includes links from state, regional and International Mental Game Coaching Association chapters, sponsors and content partners that may use our logo(s) as part of a co-branding or other agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. Bill Cole, MS, MA reserves the right to disable links from third party sites to the Web Site. If you decide to access linked third-party Web Sites, you do so at your own risk. Bill Cole, MS, MA encourages you to examine each Web Site's privacy policy and make your own decisions regarding the accuracy, reliability and correctness of material and information in those Web Sites. Bill Cole, MS, MA have not necessarily evaluated the third-party products, services, or ideas posted or promoted on the Web Site, or the statements or claims made about them, and cannot be held responsible for the content, accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in search results or otherwise linked to the Web Site and does not make any representations regarding the content of materials on such third-party Web Sites and accepts no responsibility or liability in connection with them. Before making any purchase, you may want to seek more information from the marketer of the product, service, or idea, or from third parties including, but not limited to, a Better Business Bureau, federal or state regulatory authorities, or independent professionals. Bill Cole, MS, MA intends to maintain the integrity of the Web Site, Materials and Products when they are viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with our Web Site, Materials and Products. Neither you nor any third party shall make use of the contents of the Web Site, Materials and Products in any manner that constitutes an infringement of our rights, including copyright or that has not been authorized by us.

Section 6. Submissions

For any and all Submissions of ideas, articles, comments, art work, logos, concepts, suggestions or critiques for articles, ezines, products, books, downloads, products or other items (Submissions) via this Web Site, www.sportspsychologycoaching.com (including member chat areas, discussion boards, postings and general email), Bill Cole, MS, MA will not be responsible for lost or damaged items. You hereby agree and represent to Bill Cole, MS, MA that you own or have been granted the necessary intellectual property and other rights in the Submissions (including, without limitation, a waiver of any applicable moral rights) to grant such license to Bill Cole, MS, MA, that no such Submissions are, or shall be, subject to any obligation of confidence on the part of Bill Cole, MS, MA and that Bill Cole, MS, MA shall not be liable for any use or disclosure of any Submissions. Unless otherwise agreed to in writing, any Submissions or ideas other than articles become the sole property of Bill Cole, MS, MA and you transfer copyright privileges to Bill Cole, MS, MA without limitation or financial obligation. There is no financial consideration for submission or publication of any article or other material on this Web Site, whether in the public area, or in any private member areas. By posting communications to this Web Site, you automatically grant Bill Cole, MS, MA a royalty-free, perpetual, irrevocable nonexclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees. Submissions to Bill Cole, MS, MA, and www.sportspsychologycoaching.com that do not request a confidential answer are considered to be non-confidential and automatically grant permission to Bill Cole, MS, MA and www.sportspsychologycoaching.com to reproduce, distribute or otherwise use your Submissions in Bill Cole, MS, MA, and www.sportspsychologycoaching.com marketing, promotional, or advertising campaigns. Bill Cole, MS, MA and www.sportspsychologycoaching.com does not represent or guarantee the accuracy or reliability of any communications posted by other Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk.

Section 7. Limitation of Liability

Unless otherwise expressly provided in a Legal Notice, the aggregate liability for Bill Cole, MS, MA to you for all claims arising from the use of the Materials is limited to zero dollars ($0.00).

Section 8. Indemnity

You agree to defend, indemnify, and hold harmless Bill Cole, MS, MA and its associates, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material or your breach of the terms of this Agreement. Bill Cole, MS, MA shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

Section 9. Unsolicited Email (SPAM)

Unsolicited and/or commercial email (SPAM) is not permitted by the domain sportspsychologycoaching.com. You must immediately remove the domain name sportspsychologycoaching.com from any mailing lists unless we have specifically requested to be on those lists. SPAM emails sent to sportspsychologycoaching.com will be investigated and any emails which constitute unsolicited/commercial emails, are recorded automatically and any future mailings will result in the violator being billed for message transmission and storage services at a flat rate of $100.00 per message received. Bill Cole, MS, MA reserves the right to prosecute under any applicable spam laws. Sending unsolicited email communication to any address containing the domain name "sportspsychologycoaching.com" constitutes legal notice and acceptance of this policy. This is the only notice which violators will receive.

Section 10. Personal Information

We do not automatically gather any personal information from you, such as your name, phone number, or e-mail address. This information is obtained only if you supply it voluntarily. Contact information provided to us via e-mail or phone is used to process requests and send information about our company to our customers. At no time will we share any of this information with any other person or company. Cookies are used for tracking site activity, but not for collecting personal information.

Section 11. Removal From Our Lists

If you have asked to be added to our mailing list we may contact you concerning product orders, information you have requested, new products, services or upcoming programs and events that may be of interest to you. If at any time you decide that you no longer wish to receive additional information from us, please follow the unsubscribe instructions on the messages you receive from us, or notify us by e-mail or phone, and your contact information will be removed from our mailing list.

Section 12. Copyright Notice

Unless otherwise indicated, this Website and its contents are the property of Bill Cole, MS, MA and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. Unless otherwise indicated, Bill Cole, MS, MA holds the exclusive copyrights for all content, materials, articles, seminars, certification programs, speaking programs, workshops, articles, titles, CD's, audio and video clips, downloads and logos displayed on this Web Site, www.sportspsychologycoaching.com. The original authors of reprinted articles retain copyright privileges for those articles. Unless otherwise specified, articles, content and products are for personal and non-commercial use. Unless otherwise indicated, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any program, software, products, logos, titles names or services obtained from the Material and/or Products. Unless otherwise specified, the Material and/or Products, whether in part or in whole, may not be used or duplicated at a business, non-profit organization, or educational facility without written consent from Bill Cole, MS, MA.

Section 13. Brand Names

This is the only official web site of www.sportspsychologycoaching.com. Any other web sites with similar names or any combination of our brand names have no affiliation to the www.sportspsychologycoaching.com, and cannot claim to be official www.sportspsychologycoaching.com web sites. The web site www.sportspsychologycoaching.com is a brand name and an unregistered trademark of Bill Cole, MS, MA. Bill Cole, MS, MA brand names may not be used in connection with any product or service that is not Bill Cole, MS, MA in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits this Web Site. The absence of a trademark, product or service name, slogan, or logo does not constitute a waiver of Bill Cole, MS, MA brand names, non-registered trademark or other intellectual property rights concerning that name, slogan, or logo. All product names in this Web Site whether or not appearing in different type or with the trademark symbol are trademarks of Bill Cole, MS, MA.

Section 14. Services and Results

By using the Material and Products of www.sportspsychologycoaching.com, Bill Cole, MS, MA, you agree that the services and products provided by www.sportspsychologycoaching.com, and Bill Cole, MS, MA, and the results obtained from the efforts and recommendations of www.sportspsychologycoaching.com, Bill Cole, MS, MA, are not guaranteed to improve performance, income, health, fitness or specific earnings. Unless otherwise written in our agreement(s), www.sportspsychologycoaching.com, Bill Cole, MS, MA does not guarantee that any portion of the Web Site (www.sportspsychologycoaching.com) or work which it performs or suggests to be implemented via its articles, teleclasses, books, videos, newsletters, programs, certifications, resources or any other information will increase performance, income, or specific earnings as a result of working with www.sportspsychologycoaching.com, and Bill Cole, MS, MA. By utilizing the Material and Products of www.sportspsychologycoaching.com, and Bill Cole, MS, MA, you acknowledge that your results will depend on variables and factors outside our control including, but not limited to: user motivation, user capabilities, user health and fitness, user compliance with our recommendations and suggestions, and other factors which neither party has control over.

Section 15. Online Purchases

When making a purchase from this Web Site, www.sportspsychologycoaching.com you may be asked to supply certain personal information, including credit card, debit card, or other payment mechanism information. You agree that all information you provide in connection with such purchase will be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment mechanism at the prices in effect when such charges are incurred, including recurring membership fees or other fees. All payments will be by VISA, MasterCard, American Express, or by Electronic Debit. Bill Cole, MS, MA, and www.sportspsychologycoaching.com may provide your credit card number, billing and shipping information to participating merchants from whom you buy goods or services and financial institutions pursuant to transactions with the Web Site. The merchants are solely responsible for how they use that information and any other information they independently acquire from you or about you. Otherwise, the Web Site does not share your credit card information with anyone else. For more information, please read our Privacy Policy. To protect the security of your credit card information, the Web Site employs the industry-standard Secure Sockets Layer (SSL) technology. Non-encrypted email is not secure. Do not send financial or personal information through email. The Web Site also encrypts your credit card number when the Web Site stores your order and whenever the Web Site transfers that information to participating merchants. By purchasing products or services using this Web Site, www.sportspsychologycoaching.com, you are giving Bill Cole, MS, MA the authority to debit your credit card account/bank account for all fees owing. Any disputed debits will be exclusively dealt with under the policies and procedures of the particular credit card company.

Section 16. Payment Policies for Speaking, Training and Coaching Services

Payment Terms For Speaking and Training Programs: Fees are quoted in US funds, with checks payable in US funds to William B. Cole Consultants, with a 50% deposit required in advance, and the balance due at the end of the speaking date, on site. Special arrangements for a 15-day net of the final payment may sometimes be made in advance. Accounts not paid within 15 days of the date of the program completion, or invoice (whichever is earlier) are subject to a .83% monthly (10% annual) finance charge. Checks for training and speaking programs returned by the bank for insufficient funds will be subject to an interest charge of 10% per annum and will be subject to a collection fee equal to 15% of the returned check amount. Any additional fees we are assessed for entering foreign countries, such as work permits, work visas, surcharges for bringing in or shipping business materials, products or other program items will be paid for by the meeting sponsoring client. This surcharge will be invoiced after the program.

Payment Terms For Coaching Programs: Checks returned by the bank for insufficient funds in the amount of $300.00 or less will be subject to a $20.00 collection fee and a $20.00 insufficient funds fee. Returned checks greater than $300.00 will be subject to an interest charge of 10% per annum and will be subject to a collection fee equal to 10% of the returned check amount.

Section 17. Forums And Public Communication

"Forum" means a chat area, message board, email function or other function which allows you to transmit or submit material to the Web Site, www.sportspsychologycoaching.com for display, storage or distribution, offered as part of the Web Site, www.sportspsychologycoaching.com or by an affiliated company/organization and/or service provider of the Web Site, www.sportspsychologycoaching.com. Where the Forum is provided on a site other than the Web Site, www.sportspsychologycoaching.com, you will be bound by the terms of service and privacy policy of the site you have linked to. If you participate in any Forum within the Web Site, www.sportspsychologycoaching.com, you must not and agree that you will not through the use of any Submission or otherwise: defame, libel, abuse, harass or threaten others; make any bigoted, hateful or racially offensive statements; advocate illegal activity or discuss illegal activities with the intent to commit them that would constitute or encourage a criminal offense, or that would otherwise give rise to liability or violates any law; post or distribute any material that infringes and/or violates any right of a third party or any law; post or distribute any vulgar, obscene, pornographic, discourteous or indecent language or images; advertise or sell to, or solicit, others; use the Forum for commercial purposes of any kind; post or distribute any software or other materials which contain a virus or other harmful component; or post material or make statements that do not generally pertain to the designated topic or theme of any chat room or bulletin board. You also agree that you will not post any copyrighted material that is not owned by yourself. You specifically acknowledge that soliciting other Web Site guests to join or become members of any commercial online service or other organization is expressly prohibited. In addition, you must note and agree that you will not use a false email address, impersonate any person or entity or otherwise mislead others as to the source of origin of a Submission. Although messages posted in Forums are not the responsibility of Bill Cole, MS, MA and www.sportspsychologycoaching.com, Bill Cole, MS, MA and www.sportspsychologycoaching.com reserves the right to remove or edit content from any www.sportspsychologycoaching.com Forum at any time and for any or no reason whatsoever but does not regularly review posted Submissions. Any material transmitted, submitted or otherwise delivered to a Forum shall constitute a Submission and is hereby governed by the Terms applicable to Submissions as described herein. Any information, personal or otherwise, that you provide in a Forum, including your personal profile, must be considered as becoming public information. By uploading materials to any Forum or submitting any materials to Bill Cole, MS, MA, and www.sportspsychologycoaching.com, you automatically grant (or warrant that the owner of such rights has expressly granted) Bill Cole, MS, MA, and www.sportspsychologycoaching.com, a perpetual, royalty free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called moral rights in those materials have been waived. You remain solely responsible for the content of your messages, and you agree to indemnify and hold harmless this Forum and their agents with respect to any claim based upon any post you may make. Bill Cole, MS, MA, and www.sportspsychologycoaching.com, also reserve the right to reveal whatever information Bill Cole, MS, MA, and www.sportspsychologycoaching.com, know about you in the event of a complaint or legal action arising from any message posted by yourself. When participating in a Forum, never assume that people are whom they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with in any chat room, message board or other user-generated content area. Information obtained in a Forum may not be reliable, and Bill Cole, MS, MA, and www.sportspsychologycoaching.com is not responsible for the content or accuracy of any information.

Section 18. Governing Law And Jurisdiction

This Web Site is controlled by Bill Cole, MS, MA from its offices in San Jose, California, United States of America. All matters relating to your access to, or use of, this Web Site shall be governed by U.S. federal law or the laws of the State of California. Any legal action or proceeding relating to your access to, or use of, this Web Site shall be instituted in a state or federal court in San Jose or Santa Clara County, California.

Section 19. General

This Web Site is based in San Jose, California. Bill Cole, MS, MA makes no claims the Materials are appropriate or may be downloaded outside of the United States. Access to the Materials may not be legal by certain persons or in certain countries. If you access the Web Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or other term. Except as expressly provided in a particular "Legal Policies" or material on particular Web pages, this Agreement constitutes the entire Agreement between you and Bill Cole, MS, MA with respect to the use of this Web Site. Any changes to this Agreement must be made in writing, signed by an authorized representative of Bill Cole, MS, MA.

Section 20. Entire Agreement

This Agreement, with all Recitals and all Attachments incorporated therein by reference, constitutes the entire agreement of the parties hereto and supersedes all prior representations, proposals, discussions, and communications, whether oral or in writing.

Section 21. Captions and Headings

The captions and headings of this Agreement are for convenience and reference only and in no way define, limit, or describe the scope or intent of this Agreement or any portion thereof, nor affect it in any way.

Contacting Us

If you have any questions about this Legal Notice, the practices of this Web Site, or your dealings with this Web Site, please contact Bill Cole, 19925 Stevens Creek Blvd., Cupertino, CA 95014-2358. Voice: 408-725-7191. E-Mail: Bill@SportsPsychologyCoaching.com .

 

Legal Notices

Sports Psychology Coaching clients include gymnasts


Bill Cole, MS, MA
Sports Psychology Coaching

19925 Stevens Creek Blvd., Suite 100, Cupertino, CA 95014-2358
Voice 408-725-7191   •   Toll Free 888-445-0291   •   Fax 408-440-2339
Bill@SportsPsychologyCoaching.com   •   www.SportsPsychologyCoaching.com

Copyright © 2008- Bill Cole. All rights reserved.

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