TERMS OF USE
1. ACCEPTANCE OF TERMS
Law Enforcement Coaching, LLC, an Arizona limited liability company (“Company”) provides the lawenforcementcoaching.com website (the “Site”) and all services (including the coaching services and coaching sessions) accessible or operated by Company through the Site (collectively, the “Services”), subject to the terms and conditions set forth in these terms of us (collectively, the “Terms of Use” or “Agreement”).
We reserve the right to change the Terms of Use and other guidelines or rules from time to time at our sole discretion. Your continued use of the Site or any Services accessible through it, after such notice has been posted constitutes your acceptance of the changes.
2. COACHING SERVICES
3. USE OF SITE AND SERVICES
While using the Site, you agree not to engage in any activity that may:
4. CONFIDENTIALITY OF COACHING SESSIONS
Company deeply values the confidentiality and trust that are crucial for effective coaching. Our primary aim is to create a safe and confidential space for participants to openly share their thoughts, feelings, and experiences with our coaches. We understand the sensitive nature of the topics that may be discussed and are committed to maintaining a high level of confidentiality within the bounds of the law and ethical responsibility.
However, there are specific circumstances under which we may be required or compelled to disclose certain information shared during coaching sessions. By checking this box and proceeding with scheduling a coaching session, you acknowledge and agree to the following terms:
5. INTELLECTUAL PROPERTY
The materials and Services on the Site, as well as their selection and arrangement, are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the materials or Services may violate such laws and these Terms of Use. Except as expressly provided herein, we do not grant any express or implied rights to use the materials and Services. You agree not to copy, republish, frame, download, transmit, modify, assign, distribute, or create derivative works based on the Site, its materials, or our Services or their selection and arrangement, except as authorized herein. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site.
6. TRADEMARK INFORMATION
The trademarks, logos, and service marks, including the “Law Enforcement Coaching” trademark (the “Mark”) displayed on the Site are the property of Company. You are not permitted to use the Mark without our prior written consent or the consent of such third party that may own the Mark.
7. WARRANTIES AND DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND US, THE SITE, AND ALL MATERIALS AND SERVICES ACCESSIBLE THROUGH IT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (I) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS OR WILL RESULT IN INCREASES TO YOUR EXAM SCORES; (II) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, UPDATED OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; AND (IV) ANY ERRORS IN THE SERVICES OR MATERIALS (INCLUDING INACCURACIES IN EXAM QUESTIONS, ANSWERS AND EXPLANATIONS) WILL BE CORRECTED.
You understand and agree that Company will not be liable for any act or omission of any coaching session participant, it being understood and agreed that Company cannot guarantee results of coaching sessions or how such sessions are internalized by participants. Further, you understand that Company cannot make any guarantees regarding a decrease in personnel turnover as a result of the Services.
8. PERSONAL INFORMATION AND PRIVACY
You understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of Company or others. We do not sell your personal information with third parties. Notwithstanding the foregoing, we may disclose personal information that we collect or you provide:
9. LIMITATION OF LIABILITY
IN NO EVENT SHALL COMPANY OR ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES OR ATTORNEYS BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR UNDER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SITE OR ANY OF THE MATERIALS OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT ACTUALLY PAID, IF ANY, BY YOU TO US DURING THE 12-MONTH PERIOD PRIOR TO THE CLAIM.
10. INDEMNITY AND LIABILITY
You agree to indemnify and hold Company, and its subsidiaries, affiliates, officers, directors, agents, attorneys, partners and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: (a) content you submit, post to, or transmit through the Site, (b) your use of the Site, (c) torts or damaged caused by you, (d) your violation of these Terms of Use or any end user license agreement with us, (e) your violation of any rights of another person or entity, or (f) your violation of any applicable law, rule or regulation.
11. GOVERNING LAW, JURISDICTION
This Agreement is governed in all respects by the laws of the State of Arizona without regard to conflict of laws provisions. SUBJECT TO THE REQUIREMENT TO SUBMIT TO ARBITRATION, BY ACCEPTING THIS AGREEMENT AND USING THE SITE, YOU ACCEPT AND CONSENT TO THE PERSONAL JURISDICTION AND VENUE OF THE FEDERAL AND STATE COURTS ARIZONA. THE PARTIES HEREBY WAIVE THEIR RIGHT TO A TRIAL BY JURY OF ANY CLAIMS OR CONTROVERSIES ARISING OUT OF THIS AGREEMENT OR THE USER’S USE OF THE SITE OR THE SERVICES PROVIDED BY OR THROUGH COMPANY. IN ADDITION, ANY CONTROVERSY OR CLAIM SHALL BE LITIGATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY (INCLUDING, BUT NOT LIMITED TO, BY MEANS OF CLASS ACTION LAW SUITS).
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, YOU AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE, THIS AGREEMENT OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF (COLLECTIVELY, “DISPUTES”) WILL BE SETTLED BY BINDING ARBITRATION BETWEEN YOU AND COMPANY, EXCEPT THAT EACH PARTY RETAINS THE RIGHT TO SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF IN A COURT OF COMPETENT JURISDICTION TO PREVENT THE ACTUAL OR THREATENED INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF A PARTY’S COPYRIGHTS, TRADEMARKS, TRADE SECRETS, PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS. AS NOTED ABOVE, YOU ACKNOWLEDGE AND AGREE THAT YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. FURTHER, UNLESS BOTH YOU AND COMPANY OTHERWISE AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF ANY CLASS OR REPRESENTATIVE PROCEEDING. THIS “DISPUTE RESOLUTION” SECTION WILL SURVIVE ANY TERMINATION OF THESE TERMS. THE ARBITRATION WILL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES (THE “AAA RULES”) THEN IN EFFECT. THE ARBITRATION PROCEEDINGS SHALL TAKE PLACE IN ARIZONA.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
12. GENERAL
The Terms of Use and the other rules, guidelines, licenses and disclaimers accessible through the Site constitute the entire agreement between Company and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by us to enforce or exercise any provision of these Terms of Use or related right shall not constitute a waiver of that right or provision.