Terms of Service and Use
Last Updated: February 7, 2009
Please read this Terms of Service agreement before accessing our website. This Agreement sets out the standards of use of the My Encore Performance Coaching & Mentoring online Service for registered Members and unregistered Visitors.
By using the My Encore Performance website (http:www/myencoreperformance.com), you (the “Member or Visitor”) agree to these terms and conditions. If you do not agree, you should not use this website. We have the right to modify, alter, or update this agreement without prior notice. Changes will be effective immediately upon being posted at www.MyEncorePerformance.com. Use of the Service after amendments are posted constitutes your acknowledgement and acceptance of Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
Service Description
My Encore Performance Coaching & Mentoring is providing Members and Visitors with information and resources at www.MyEncorePerformance.com. Member or Visitor must provide all equipment necessary for their own Internet connection, including computer and modem, provide for access to the Internet, and pay any related fees.
Indemnification
Members and Visitors agree to indemnify and hold My Encore Performance Coaching & Mentoring, its website, hosting company, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of use of the Service, the violation of this Agreement, or infringement by Member or Visitor, of any intellectual property or any other right of any person or entity.
Members
Membership may be required for certain transactions on this website. Those choosing to register in the Clients Only section of www.MyEncorePerformance.com will receive a password and an account. Members are entirely responsible for any and all activities that occur under their account, whether authorized or not. Member agrees to notify My Encore Performance Coaching & Mentoring of any unauthorized use of Member’s account or any other breach of security known or should be known to the Member. Member’s right to use the Service is personal to the Member. Member agrees not to resell or make any commercial use of the Service without the express written consent of My Encore Performance Coaching & Mentoring.
Disclaimer of Warranties
The site is provided by My Encore Performance Coaching & Mentoring on both an “as is” and “as available” basis. My Encore Performance Coaching & Mentoring makes no representations or warranties of any kind, express or implied, regarding the use or the results of this website in terms of its correctness, accuracy, reliability, or otherwise. My Encore Performance Coaching & Mentoring has no liability for any interruptions in the use of this website. My Encore Performance Coaching & Mentoring disclaims all warranties with regard to the information provided, including implied warranties of merchantability and fitness for a particular purpose, and non-infringement.
Liability Limitation
My Encore Performance Coaching & Mentoring is not liable for any damages whatsoever, and in particular. My Encore Performance Coaching & Mentoring shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this website or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if My Encore Performance Coaching & Mentoring has been advised of the possibility of such damages.
Modifications and Interruption to Service
My Encore Performance Coaching & Mentoring reserves the right to modify or discontinue the Service. My Encore Performance Coaching & Mentoring shall not be liable should My Encore Performance Coaching & Mentoring exercise its right to modify or discontinue the Service. Visitors and members acknowledge and accept that My Encore Performance Coaching & Mentoring does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or affected by factors or circumstances outside of our control.
Compliance with Laws
Member and visitor both assume all knowledge of applicable law and are responsible for compliance with any such laws. Our service may not be used in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member and visitor further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation.
Other Terms
If any provision of this Terms of Service Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially enforceable provision) shall not be affected and shall remain valid and enforceable. You agree that this Agreement and any other agreements referenced herein may be assigned by My Encore Performance Coaching & Mentoring, in our sole discretion, to a third party in the event of a merger or acquisition. This agreement shall apply in addition to, and shall not be superseded by, any other agreement between us in relation to participation of a Member. By accepting this agreement, Members and Visitors consent to the Privacy Policy of www. My Encore Performance.com.
