Terms Of Use

Effective Date: August 9, 2017

Your Acceptance

Using the Coach Calls Timeout (“CCT”) website (the “Services”) constitutes full acceptance and agreement without modification to the terms of use (“Terms”). If you do not accept these Terms, stop using the Services.

These Terms may be revised at any time, the most current version of the Terms can be found at https://www.coachcallstimeout.com/terms. The most current version of the Terms will supersede all previous versions. Your continued use of the Services will confirm your acceptance of the revised Terms. We encourage you to review the Terms periodically to stay informed. If you do not agree with the revised Terms, as we said, just stop using the Services.

Intellectual Property

The Services are owned and operated by J Cubed Ventures Incorporated (the “JCVI”), a corporation in Ontario, Canada. CCT is a division of JCVI – the same three brothers own 100% of both.

The Services and all information, design, text, graphics, video, and/or related audio (the “Content”) and the selection and arrangement thereof are the property of JCVI and CCT (collectively, the “Owner”), and are protected under the copyright laws of Canada and other countries. The Content within the Services may not be copied, reproduced, republished, distributed, displayed, sold, licensed, transferred, modified or otherwise exploited for any purpose without the express written permission of the Owner.

Use Of The Services

The Services are not intended for use by children under the age of thirteen (13). The Owner does not knowingly collect personal information from persons under the age of thirteen (13). If you are between the ages of thirteen (13) and eighteen (18), you may use the Services only with permission of a parent or guardian. Use of the Services is void where prohibited by applicable law.

Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis; however we do encourage feedback and constructive dialogue regarding the Services.

While we do appreciate your proper use of the Services, the Owner does not warrant that (a) the Services will meet your specific requirements or expectations, (b) the Services will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the Services will be accurate or reliable, and (d) any errors in the Services will be corrected.

You understand that the Owner uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services.

You may not use the Services for any illegal or unauthorized purpose. You must not, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not modify, adapt or hack the Services or modify another website so as to falsely imply that it is associated with the Services or the Owner.

We may refuse to offer the Services to any person or entity at any time. We may, without notice and in our sole discretion, terminate your right to use the Services, and block or prevent your future access to and use of the Services or any portion of thereof.

You expressly understand and agree that the Owner shall not be liable for exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, resulting from: (a) the use or the inability to use the Services; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the Services; (e) or any other matter relating to the Services.

The failure of the Owner to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. The Terms constitutes the entire agreement between you and the Owner and govern your use of the Services, superseding any prior agreements between you and the Owner (including, but not limited to, any prior versions of the Terms).

While using the Services you must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages. You must not transmit any worms or viruses or any code of a destructive nature.

You understand that the intent of the free forum is to create a helpful, courteous and non-judgmental platform for basketball coaches to gain insight and knowledge about their craft. All forum posts are monitored by the Owner and may be removed at the sole discretion of the Owner. Messages considered to be “spam” or unhelpful for the group will be removed from the forum by the Owner. You are encouraged to contact the Owner to report unhelpful behavior.

Memberships

CCT offers a paid annual membership in exchange for access to information within the Services. There are three (3) pieces of information collected by the Owner during the registration process which make up your “Account”.

  1. Payment information (via credit card).
  2. Personal information (first name, last name, address, coaching experience and email address).
  3. Login information (you must create a unique username and password).

The Owner will never directly sell, use or distribute your Account information; however the Owner is not liable for actions taken by third party vendors.

In order to become a “Member” you must be comply with the Terms outlined in this document and provide valid and authorized payment to the Owner. In addition you must also be a human (“bots” not permitted), you must provide your legal full name, a valid email address, and any other information requested in order to complete the registration process.

Payment Information

Payment and Refunds

  1. A valid credit card is required to become a Member.
  2. The Services are billed on an annual basis and are non-refundable. There will be no refunds or credits for partial months or years of service or refunds for time unused with an open Account. There is one exception to the refund policy: a renewed subscription payment may be refunded if a request for refund has been received by the Owner in writing within 72 hours of the renewal date and the Account has not downloaded or accessed any Content during that period.
  3. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.

Cancellation and Termination

  1. You are solely responsible for properly cancelling your Account. An email or phone request to cancel your Account is not considered cancellation. You can cancel your Account within the “Account” section of the member’s area (https://www.coachcallstimeout.com/account).
  2. Canceling your Services will cause the loss of information, features, or capacity of your Account. The Owner does not accept any liability for such loss.
  3. If you have posted to the forums, your content may be changed from a post by you to a post by a guest.
  4. You may cancel your Account at any time, you will not be charged again.
  5. We may, in our sole discretion, refuse to offer the Services to any person or entity at any time. We may, without notice and in our sole discretion, terminate your right to use the Services, and block or prevent your future access to and use of the Services or any portion of thereof.

Modifications to the Services

  1. The Owner reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. If the Services are permanently discontinued and you are a Member you will be reimbursed the unused portion of your membership fee (i.e. each full month remaining equals 8.3%).
  2. The price(s) of the Services are subject to change upon notice of 30 days from the Owner. Such notice may be provided at any time by posting the changes to the Services.
  3. The Owner shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services.

Personal and Login Information

Using the Services as a Member requires you to create a unique username and password (“Login”). In doing so, please know that it is your exclusive obligation to maintain and control your Login. The Owner is not responsible or liable for any activities that occur under your Account. You must keep your Account confidential and not disclose your Login to anyone.

We maintain reasonable safeguards in an effort to protect against unauthorized access to your Account. Unfortunately, no data transmission over the internet or any wireless network can be 100% secure. As a result, you acknowledge that: (a) there are security and privacy limitations of the internet which are beyond our control; (b) the security, integrity and privacy of any and all information and data exchanged between you and us through the Services cannot be guaranteed; (c) any such information and data may be viewed or tampered with in transit by a third party despite our best efforts; and (d) the Owner shall have no liability in connection with any of the foregoing.

Your Account remains the property of the Owner, and may be cancelled or suspended at any time without notice or liability to you or any other person. The Owner is not obligated to verify the actual identity or authority of the user of your Account.

You agree to immediately notify the Owner of any unauthorized use of your Account, or if you know or suspect your Account has been lost, stolen, known to any other person or been otherwise compromised.

Your Login and Account may only be used by one person – a single Login shared by multiple people is not permitted. You are responsible for all information posted and activity that occurs under your Account.

Your Privacy

The CCT Privacy Policy is incorporated in this agreement and subject to these Terms. The most current Privacy Policy is available here.

International Users

The Services are operated and administered by the Owner within Canada. If you access the Services from a location outside Canada, you are responsible for compliance with all local laws. You agree that you will not use the Services in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Third Party Websites

Occasionally other websites may be linked or referenced by the Services. We are not responsible for the content of said third party sites. Third party sites are not an endorsement by us and we do not represent or warrant the accuracy or truth of the contents of information found. Third party sites are provided for your convenience, accessing them is done at your own risk.

Indemnification

You agree to indemnify, defend, and hold harmless the Owner and its officers, directors, employees and agents from and against any and all third party claims and demands and all associated damages, costs, and liabilities, including reasonable attorneys’ fees, arising out of your acts and omissions in relation to the Services, including your submission, posting, or transmission of information, and any violation of these Terms.

Liability Disclaimer

Except as explicitly provided in these Terms as amended from time to time, the Owner makes no representations or warranties of any kind, express or implied, regarding any information provided on the Services.

The Owner is not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications.

The Owner assumes no responsibility, and shall not be liable for, any damages to, or any viruses affecting your computer equipment or other property on account of your access to, use of, or browsing on the Services or your downloading of any materials, data, text, images, videos or audio from the Services.

In no event shall the Owner be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with any use of the Services found herein, even if advised of the possibility of damages.

Email Disclaimer

Please note that when we contact you by email, such communications are not secure. It is the responsibility of the recipient to make sure the message is virus-exempt. We are not responsible for any unauthorized alterations or modifications made to any of our email messages. We make no warranty of any kind with respect to the accuracy of the contents of any of our emails. If you require confirmation of the contents of any of our emails, please contact us.

Questions / Comments

CCT encourages dialogue regarding the Terms, if you have any questions or comments, please contact us at danjonker@coachcallstimeout.com.

Violations Of These Terms Of Use

We aim to provide a safe place for basketball loving individuals to ‘talk shop’, please report any violations of the Terms or illegal or inappropriate activity to danjonker@coachcallstimeout.com. Upon receiving a report of a possible violation, the Owner may investigate the matter, in its sole discretion, and take such action as deemed appropriate.

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