EXHIBIT E
MATCHCOACH SITE TERMS
Welcome to the MatchCoach site (the “MatchCoach Site”). MatchCoach, INC. DBA MatchCoach and/or its affiliates (“MatchCoach”) provides the MatchCoach Site to you subject to the following terms of use (“Site Terms”). By visiting the MatchCoach Site, you accept the Site Terms. Please read them carefully. In addition, when you use any current or future MatchCoach services, content or other materials, you also will be subject to the MatchCoach Customer Agreement or other agreement governing your use of our services (the “Agreement”).
PRIVACY
Please review our Privacy Policy, which also governs your visit to the MatchCoach Site, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit the MatchCoach Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the MatchCoach Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included on the MatchCoach Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of MatchCoach or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the MatchCoach Site is the exclusive property of MatchCoach and protected by U.S. and international copyright laws. All software used on the MatchCoach Site is the property of MatchCoach or its software suppliers and protected by United States and international copyright laws.
TRADEMARKS
All MatchCoach graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of MatchCoach in the U.S. and/or other countries. MatchCoach’s trademarks and trade dress may not be used in connection with any product or service that is not MatchCoach’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits MatchCoach. All other trademarks not owned by MatchCoach that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MatchCoach.
PATENTS
One or more patents owned by MatchCoach, INC. DBA MatchCoach or its affiliates may apply to the MatchCoach Site and to the features and services accessible via the MatchCoach Site. Portions of the MatchCoach Site may operate under license of one or more patents.
LICENSE AND SITE ACCESS
MatchCoach grants you a limited license to access and make personal use of the MatchCoach Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of MatchCoach. This license does not include any resale or commercial use of the MatchCoach Site or its contents; any derivative use of the MatchCoach Site or its contents; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools. Unless otherwise specified by MatchCoach in a separate license, your right to use any software, data, documentation or other materials that you access or download through the MatchCoach Site is subject to these Site Terms or, if you have an MatchCoach account, the Agreement.
The MatchCoach Site or any portion of the MatchCoach Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of MatchCoach. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MatchCoach without express written consent. You may not use any meta tags or any other “hidden text” utilizing MatchCoach’s name or trademarks without the express written consent of MatchCoach. Any unauthorized use terminates the permission or license granted by MatchCoach. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of the MatchCoach Site, so long as the link does not portray MatchCoach, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any MatchCoach logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR ACCOUNT
If you use the MatchCoach Site, you are responsible for maintaining the confidentiality of your MatchCoach account and password and for restricting access to your computer or other-such device, and you agree to accept responsibility for all activities that occur under your account or password. MatchCoach reserves the right to refuse service, terminate accounts, remove or edit content in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. MatchCoach reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant MatchCoach a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant MatchCoach and sublicensees the right to use the name that you submit in connection with such content, if they choose.
You and third parties may be permitted to upload certain software (including machine images), data, text, audio, video, images or other content (“Third Party Content”) to community areas of the MatchCoach Site. You acknowledge that (a) MatchCoach has not tested or screened Third Party Content, (b) you use any Third Party Content is at your sole risk, and© Third Party Content may be subject to separate license terms as determined by the person posting such content.
You represent and warrant that you own or otherwise control all of the rights to the content, including any Third Party Content, that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify MatchCoach for all claims resulting from content you supply. MatchCoach has the right but not the obligation to monitor and edit or remove any activity or content. MatchCoach takes no responsibility and assumes no liability for any content posted by you or any third party.
COPYRIGHT COMPLAINTS
MatchCoach respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow email all pertinent information to info@matchcoach.co.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE MATCHCOACH SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY MATCHCOACH ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN THE AGREEMENT. MATCHCOACH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MATCHCOACH SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MATCHCOACH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MATCHCOACH DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MATCHCOACH SITE; ITS SERVERS; OR E-MAIL SENT FROM MATCHCOACH ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MATCHCOACH WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE MATCHCOACH SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MATCHCOACH SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN THE AGREEMENT.
APPLICABLE LAW
By visiting the MatchCoach Site, you agree that the laws of the state of Delaware, without regard to principles of conflict of laws, will govern these Site Terms and any dispute of any sort that might arise between you and MatchCoach.
DISPUTES
Any dispute relating in any way to your visit to the MatchCoach Site or to services provided by MatchCoach or through the MatchCoach Site in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court in Sussex County, Delaware, and you consent to exclusive jurisdiction and venue in such courts.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies on the MatchCoach Site. These policies also govern your visit to the MatchCoach Site. We reserve the right to make changes to the MatchCoach Site, policies, and these Site Terms at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
OUR ADDRESS
MatchCoach, INC. DBA MatchCoach
108 Regal Ridge
Aledo, Texas 76008
www.matchcoach.co
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below. Please note that this procedure is exclusively for notifying MatchCoach that your copyrighted material has been infringed.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the Site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
MatchCoach’s Copyright Agent for notice of claims of copyright infringement can be reached as follows:
Chase Bartlett
MatchCoach
(469)644-4167
chase@matchcoach.co