Terms of Service
Last updated and effective as of: March 13, 2023
Welcome, and thank you for your interest in Coach Rhi. These terms of service (“Terms”) establish the terms and conditions that apply to you when you use Coach Rhi Servicess offered by Coach Rhi (as defined below).
BY USING ANY COACH RHI SERVICE OR BY CLICKING “I AGREE” YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND YOUR AGREEMENT TO BE BOUND BY THESE TERMS, AS WELL AS ALL APPLICABLE LAWS AND REGULATIONS. YOU ARE NOT PERMITTED TO USE ANY COACH RHI SERVICES IF YOU DO NOT AGREE TO THESE TERMS. THESE TERMS CAN BE CHANGED, MODIFIED, SUPPLEMENTED, AND/OR UPDATED BY OUR RHIANNON TARRANT (“Coach Rhi,” “SHE”, OR “HER”) AT ANY TIME; PROVIDED THAT SHE WILL ENDEAVOR TO PROVIDE YOU WITH PRIOR NOTICE OF ANY MATERIAL CHANGES. YOUR CONTINUED USE OF COACH RHI SERVICES AFTER THE MODIFICATION OF THESE TERMS MEANS THAT YOU ACCEPT ALL SUCH CHANGES. ACCORDINGLY, YOU ARE ADVISED TO CONSULT THESE TERMS EACH TIME YOU ACCESS ANY COACH RHI SERVICE IN ORDER TO VIEW ANY CHANGES TO THESE TERMS. THESE TERMS WERE LAST MODIFIED AS OF THE DATE INDICATED ABOVE.
AS FURTHER DESCRIBED BELOW, YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PRACTITIONER BEFORE STARTING ANY COACH RHI NUTRITION, FITNESS, OR LIFESTYLE SERVICES, OR ANY OTHER EXERCISE PROGRAM. THIS IS PARTICULARLY TRUE IF YOU OR YOUR FAMILY HAVE A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, OR IF YOU HAVE EVER EXPERIENCED DISCOMFORT WHILE EXERCISING. NOTHING STATED OR POSTED ON COACH RHI SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR PROFESSIONAL ADVICE OR CARE. YOUR USE OF COACH RHI SERVICES IS AT YOUR OWN RISK.
IN THE EVENT OF A MEDICAL OR HEALTH EMERGENCY, PLEASE CALL 911 OR APPROPRIATE EMERGENCY RESPONDERS IMMEDIATELY.
AS FURTHER DESCRIBED BELOW, THESE TERMS PROVIDE FOR THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. YOU CAN OPT-OUT OF THIS AGREEMENT TO ARBITRATE BY CONTACTING RHIANNONTFIT@GMAIL.COM WITHIN 30 DAYS OF FIRST ACCEPTING THESE TERMS AND STATING THAT YOU (INCLUDE YOUR FIRST AND LAST NAME) DECLINE THIS ARBITRATION AGREEMENT.
1. Use of Coach Rhi Services
a. The “Services” are Coach Rhi’s website located at coachrhi.com and Coach Rhi’s private sessions and mobile applications, as each may be updated, relocated, or otherwise modified from time to time, including through networks, embeddable widgets, downloadable software, and tablet computer applications, and all intellectual property contained therein. Coach Rhi Services provides a platform to enable users to access and watch live and on-demand fitness classes and consume motivational content on their personal computer, mobile device or TV and to purchase certain related merchandise (“Merchandise”). Any person who accesses and/or uses Coach Rhi Services, whether on his or her own behalf or on behalf of any third party, will be referred to herein as a “Coach Rhi Member”.
b. Subject to the terms and conditions of these Terms, Coach Rhi hereby grants you a limited revocable, non-exclusive, non-transferable license to access and use Coach Rhi Services, solely in the manner intended by Coach Rhi. Unless otherwise specified in writing, Coach Rhi Services are solely for your personal use and not for resale. Coach Rhi reserves the right at all times and without notice to: (i) restrict and/or terminate your access to Coach Rhi Services (or any portion thereof); and (ii) modify or discontinue providing Coach Rhi Services (or any portion thereof).
2. Registration, Accounts, Passwords and Security
a. Coach Rhi Member. In order to become a Coach Rhi Member, you must complete the registration process by providing Coach Rhi with current, complete and accurate information, as prompted by the applicable registration form.
b. Accuracy of Information. You acknowledge that in the event you provide any information to Coach Rhi which is untrue, inaccurate, not current or incomplete, Coach Rhi may terminate these Terms and your continued access and use of Coach Rhi Services.
c. Eligibility. You represent and warrant that you are at least 18 years of age, that you have not been previously suspended or removed from Coach Rhi Services, you reside in the United States or Canada and that you possess the legal right and ability to enter into these Terms. COACH RHI SERVICES ARE NOT FOR PERSONS UNDER THE AGE OF 18 OR ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM COACH RHI SERVICES BY COACH RHI. IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS COACH RHI SERVICES AT ANY TIME OR IN ANY MANNER.
d. If you are using Coach Rhi Services on behalf of an individual, company, entity, or organization (each, an “Organization”), you represent and warrant that (A) you are an authorized representative of such Organization with the authority to bind such Organization to these Terms, (B) agree to be bound by these Terms on behalf of such Organization, and (C) your Organization meets the eligibility requirements for Coach Rhi Services, as set forth in these Terms. Further, you will be solely responsible for ensuring your Organization complies with these Terms.
e. Credentials. As part of the registration process, you will be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of your account and password. You agree to notify Coach Rhi immediately of any unauthorized use of your account or any other breach of security. To notify us, contact her at RHIANNONTFIT@GMAIL.COM. You are responsible for all use of Coach Rhi Services occurring under your user name. You are responsible for keeping your password confidential and for notifying her if your password has been hacked or stolen. Coach Rhi will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may be held liable for any losses incurred by Coach Rhi or another party due to someone else using your account or password.
3. Your Responsibilities
You may use Coach Rhi Services solely for lawful purposes, as intended through the provided functionality of Coach Rhi Services. You may not use Coach Rhi Services in any manner that could damage, disable, overburden, or impair her servers or networks, or interfere with any other party’s use and enjoyment of Coach Rhi Services. You may not attempt to gain unauthorized access to Coach Rhi Services, user accounts, or computer systems or networks, through hacking, password mining or any other means. Without limiting any of the foregoing, you expressly agree that you will not (and you agree not to allow or assist any third party to):
a. use, copy, install, transfer or distribute Coach Rhi Services, except as specifically permitted by these Terms;
b. modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of Coach Rhi Services or its Content (as defined below);
c. remove or alter any copyright, trademark or other proprietary rights notices contained in or on Coach Rhi Services or in or on any content or other material obtained through Coach Rhi Services or the use of Coach Rhi Services;
d. create user accounts by automated means or under false or fraudulent pretenses;
e. use any robot, spider, screen or database scraper, site search or retrieval application, or other automated device, process or means to access, retrieve or index any portion of Coach Rhi Services;
f. probe, scan or test the vulnerability of any system or network or breach any security or authentication measures;
g. reformat, mirror, or frame any portion of the web pages that are part of Coach Rhi Services;
h. express or imply that any statements you make are endorsed by us, without our prior written consent in each instance;
i. transmit (i) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party’s intellectual property or other rights, (ii) any material, non-public information about individuals or companies without the authorization to do so, (iii) any trade secret of any third party, and/or (iv) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us), or engage in spamming or flooding;
j. transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component; use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of Coach Rhi Services or its contents;
k. harvest or collect information about other users without their prior written consent;
l. undertake, cause, permit or authorize the translation, reverse engineering, disassembling or hacking of any aspect of Coach Rhi Services, including Content, or attempt to do any of the foregoing, except and solely to the extent permitted by these Terms, Coach Rhi Services’s authorized features, or by law, or otherwise attempt to use or access any portion of Coach Rhi Services other than as intended by Coach Rhi;
m. access, tamper with, or use non-public areas of Coach Rhi Services, Coach Rhi’s (and her hosting company’s) computer systems and infrastructure, or the technical delivery systems of Coach Rhi’s providers;
n. harass, abuse, harm or advocate or incite harassment, abuse or harm of another person or group, including Coach Rhi employees, contractors, and other users;
o. create a new account with Coach Rhi, without Coach Rhi’s express written consent, if Coach Rhi previously disabled an account of yours;
p. solicit, or attempt to solicit, personal information from other users, except as permitted through Coach Rhi Services’s functionality;
q. restrict, discourage or inhibit any person from using Coach Rhi Services, disclose personal information about a third person on Coach Rhi Services or obtained from Coach Rhi Services without the consent of such person, or collect information about users;
r. gain unauthorized access to Coach Rhi Services, to other users’ accounts, names or personally identifiable information, or to other computers or websites connected or linked to Coach Rhi Services;
s. violate any applicable federal, provincial or municipal laws (including laws requiring the consent of subjects of audio and video recordings), regulations or these Terms;
t. use Coach Rhi Services for any illegal, inappropriate and/or unauthorized conduct, including without limitation, using Coach Rhi Services to contact other Coach Rhi Users for sexual or other inappropriate purposes, or using Coach Rhi Services in violation of Coach Rhi’s or any third party’s intellectual property or other proprietary or legal rights; or
u. use or access Coach Rhi Services to build a competing service. She may take any legal action and implement any technical remedies to prevent the violation of these provisions and to enforce these Terms.
You are responsible for compliance will all recording laws. Certain features of Coach Rhi Services may allow you and other Coach Rhi Members to record or take screenshots during group fitness classes. By using Coach Rhi Services, you consent to allow Coach Rhi and other Coach Rhi Members to record and store recordings of group fitness classes. If you do not consent to being recorded, you should not utilize the group fitness class features of Coach Rhi Services.
4. Payment Terms and Order Processing
a. Access to Coach Rhi Services, or to certain features of Coach Rhi Services, may require you to pay fees, and may provide you the option to activate recurring automatic payments for those fees. Before you pay any fees, including before activating or updating any recurring payments, you will have an opportunity to review the fees that you will be charged before you accept them. If you activate or update recurring payments through Coach Rhi Services, you authorize Coach Rhi to periodically charge, on a going-forward basis and until cancellation, all accrued sums on or before the payment due date for the accrued sums. You can cancel recurring charges by following the instructions in your account settings. It may take up to 7 business days for the update or cancellation to take effect.
b. All fees are in Canadian currency and are non-refundable. Coach Rhi may change the fees for Coach Rhi Services or any feature of Coach Rhi Services, including by adding fees, on a going-forward basis at any time. If Coach Rhi changes the fees for Coach Rhi Services, including by adding additional fees or charges, you will be provided advance notice of those changes and the opportunity to accept the changes. If you do not accept the changes, Coach Rhi may discontinue providing Coach Rhi Services to you.
5. Consent to Electronic Communications
b. If you wish to remove yourself from any list (other than as set forth in Section 5.b), please email us with an “OPT-OUT”, “UNSUBSCRIBE”, “STOP” or “REMOVE” in the subject line.
c. Depending on your current carrier plan, you may incur charges for these Messages and Notifications and agree to not hold Coach Rhi liable for any charges incurred. You acknowledge that any terms between you and any third-party provider (such as, for example, Apple®, Android™, Verizon, Telus, Rogers, or Bell) create no obligation or responsibility on the part of Coach Rhi, and that Coach Rhi is not responsible for any failure of warranty by any such third party.
d. Coach Rhi cannot control certain factors relating to message delivery. You acknowledge that, depending on your mobile carrier’s service, it may not be possible to transmit a text message to you successfully. Coach Rhi has no liability for transmission delays or message failures.
6. Content Submitted to Coach Rhi Services
a. By sending or transmitting to her information, opinions, creative suggestions, ideas, notes, concepts, or other materials (collectively, “Materials”), or by posting such Materials to any area of Coach Rhi Services, you grant Coach Rhi and her designees a worldwide, non-exclusive, sublicenseable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Materials in any media now known or hereafter developed to enhance and develop Coach Rhi Services, including by marketing and advertising Coach Rhi Services, without compensation to you; provided that she will never use your name in connection with any of your Materials that she uses in her own advertising and marketing materials without obtaining your prior consent. None of the Materials will be subject to any obligation, whether of confidentiality, attribution, or otherwise, on her part and she will not be liable for any use or disclosure of any Materials. Coach Rhi may remove or alter any Materials at any time for any reason. Coach Rhi neither endorses nor is responsible for any opinion, advice, information, or statement made or displayed on Coach Rhi Services by any user. Coach Rhi not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages, or for any results obtained from the use of such information. Under no circumstances will Coach Rhi and/or her affiliates, suppliers, or agents be liable for any loss or damage caused by your reliance on such information obtained through Coach Rhi Services. She cannot and do not take responsibility for the veracity, reliability, or completeness of any opinion, advice, information, or statement available on Coach Rhi Services or website.
b. The opinions expressed on Coach Rhi website by users reflect solely the opinions of the users who post thereon and do not reflect the opinions of Coach Rhi. You acknowledge and agree that she has the right (but not the obligation) to monitor Coach Rhi Services and Materials; to alter or remove any Materials; and to disclose Materials and the circumstances surrounding their transmission to any third party in order to operate Coach Rhi Services properly; to protect herself, her sponsors, and her members and visitors; and to comply with legal obligations or governmental requests. If you believe a message violates her member policies, please contact Coach Rhi immediately at RHIANNONTFIT@GMAIL.COM so that she can consider its editing or removal.
c. You are solely responsible for your Materials and the consequences of posting them on Coach Rhi Services. By posting Materials, you represent, warrant, and covenant that: (i) you are the creator and owner of the Materials or otherwise have sufficient rights and authority to grant the rights granted herein; (ii) your Materials do not and will not (A) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (B) slander, defame, or libel any other person; (iii) your Materials do not contain any viruses, adware, spyware, worms, or other harmful or malicious code or (iv) unless you have received prior written authorization, your Materials specifically do not contain any confidential information of any third party. Coach Rhi reserves all rights and remedies against any users who breach these representations and warranties.
d. Sending Messages. Coach Rhi Services may allow Coach Rhi Members to exchange messages (“Messages”) with each other. Sending Messages is a privilege, not a right, and Coach Rhi may terminate such privileges of any Coach Rhi Member at any time and for any reason, without any liability to such Coach Rhi Member. Harmful, obscene, or offensive communications are not welcome in any Messages. If a user sends you an objectionable Message, please notify her by sending an e-mail to firstname.lastname@example.org. You should exercise discretion, good sense, and sound judgment when sending a Message. You are solely responsible for the content of any Message you send. You agree that Coach Rhi may monitor Messages for compliance with these Terms, and therefore, Messages should not be considered confidential or proprietary. You hereby grant her an assignable, sublicensable, irrevocable license to reproduce and transmit your Messages in connection with facilitating transfer to the intended recipient through Coach Rhi Services and for such other purpose as Coach Rhi may deem appropriate in her sole discretion.
Coach Rhi may provide contests on Coach Rhi website or in connection with Coach Rhi services. The rules, regulations, and procedures governing such contests (“Contest Rules”) will be accessible through a hypertext link displayed on the web page where the contest or game may be located. By entering or participating in any of her contests or games, you agree to be subject to those rules, regulations and procedures as well as the terms and conditions of these Terms. In the event of a conflict between any Contest Rules and these Terms, the applicable Contest Rules will govern.
8. Term and Termination
b. Effect of Termination. The following Sections of these Terms will survive termination or expiration of the Agreement: 1.c, 2.c, 3, 5.e, 6, 8.b, 9, 10 – 16, 18 – 27. Payments by you, which accrue or are due before termination of your membership, will continue to be payable by you, and amounts owed to Coach Rhi at the time of such termination or expiration will continue to be owed by you, after such expiration or termination.
a. Proprietary Information. You acknowledge and agree that: (i) Coach Rhi website and Coach Rhi Services, including, without limitation, any articles, photos, videos, recordings or other content (“Content”), modifications, enhancements and updates, and any originals and copies thereof, in whole or in part, and all intellectual property rights therein (collectively, “Proprietary Information”), is owned by Coach Rhi and her licensors, as applicable; (ii) the Proprietary Information contains valuable copyrighted and proprietary material of Coach Rhi; (iii) the Proprietary Information is licensed, rather than sold, to you pursuant to these Terms; and (iv) you have no rights in the Proprietary Information, other than the rights and licenses specifically granted to you pursuant to these Terms.
b. Trademarks. You acknowledge that Coach Rhi has acquired, and is the owner of, trademark rights in the name and word mark “Coach Rhi”™ and in the other marks and design marks displayed on Coach Rhi Services. You acknowledge that this name and these marks are famous and internationally known. You will not, at any time or for any reason, challenge the validity of, or Coach Rhi’s ownership of, the foregoing name and marks, and you waive any rights you may have at any time to do so. All use of the foregoing name and marks by you will inure exclusively to the benefit of Coach Rhi. All marks shown on Coach Rhi Services but not owned by Coach Rhi are the property of their respective owners.
10. Fitness Class Participation Waiver
a. You acknowledge that participation in fitness classes via Coach Rhi Services involves strength, flexibility, aerobic, cardio and other exercises, including the use of equipment, all of which can be potentially hazardous activities. You accept full responsibility over the location where you engage in fitness classes via Coach Rhi Services, you acknowledge that Coach Rhi has no control over the location that you choose, and that the location of participation in fitness activities involves additional risks, including, but not limited to, those caused by terrain, facilities, temperature, weather, environment, vehicular traffic, lack of hydration and actions of other people.
b. In becoming a Coach Rhi Member with the intent of using Coach Rhi Services, you affirm that either (i) all of the following statements are true: (A) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician; (B) you have never felt chest pain when engaging in physical activity; (C) you have not experienced chest pain when not engaged in physical activity at any time within the past month; (D) you have never lost your balance because of dizziness and you have never lost consciousness; (E) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (F) your physician is not currently prescribing drugs for your blood pressure or heart condition; (G) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and (H) you do not know of any other reason you should not exercise; or (ii) your physician has specifically approved of your use of Coach Rhi Services. If applicable, you further affirm that (i) you are not pregnant, breastfeeding or lactating; or (ii) your physician has specifically approved your use of Coach Rhi Services. Coach Rhi reserves the right to refuse or cancel your membership if she determines that you have certain medical conditions or that the representations set forth above are untrue in any respect.
c. By using Coach Rhi Services, you: (i) acknowledge and agree that you are voluntarily participating in fitness classes provided via Coach Rhi Services; (ii) hereby assume and accept any and all risks of injury, physical harm, or death; (iii) acknowledge and represent that you are physically sound and do not suffer from any illness, impairment, disease or other condition that would prevent you from participating in the fitness classes, performing any exercises, or using any equipment; and (iv) knowingly and voluntarily, on behalf of yourself and your heirs and assigns, forever waive, release, discharge and hold harmless Coach Rhi and her subsidiaries and affiliates, and each of her respective officers, directors, employees, agents, representatives, and each of their respective successors and assigns, individually and collectively, from any and all liability, damages, losses, suits, demands, causes of action (including, without limitation, negligence) or other claims of any nature whatsoever, including, without limitation, any losses for property damage, personal injury, or death, arising out of or relating in any way to your participation in the fitness classes provided via Coach Rhi Services.
11. Professional Advice and Medical Disclaimer
a. COACH RHI SERVICES OFFERS HEALTH, FITNESS, AND BUSINESS INFORMATION AND IS DESIGNED FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU SHOULD CONSULT A LAWYER BEFORE IMPLEMENTING ANY CHANGES TO YOUR BUSINESS OR MARKETING. YOU SHOULD CONSULT YOUR PHYSICIAN BEFORE BEGINNING A NEW FITNESS PROGRAM. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ OR HEARD ON COACH RHI SERVICES. DO NOT USE COACH RHI SERVICES IF YOUR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST IT. IF YOU EXPERIENCE FAINTNESS, DIZZINESS, PAIN OR SHORTNESS OF BREATH AT ANY TIME WHILE EXERCISING, YOU SHOULD STOP IMMEDIATELY.
b. NOTHING STATED OR POSTED OR OTHERWISE AVAILABLE THROUGH COACH RHI SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF LEGAL ADVISE, MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. COACH RHI SERVICES IS CONTINUALLY UNDER DEVELOPMENT AND COACH RHI MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE OR ITS SUITABILITY FOR YOU. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL INFORMATION THAT APPEARS ON COACH RHI SERVICES. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN COACH RHI SERVICES WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL. THE USE OF INFORMATION PROVIDED THROUGH COACH RHI SERVICES IS SOLELY AT YOUR OWN RISK.
12. Disclaimer of Warranties
a. TO THE FULLEST EXTENT PERMITTED BY LAW, COACH RHI SERVICES IS PROVIDED “AS IS” WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. YOU ACKNOWLEDGE THAT, BECAUSE OF THE NATURE OF THE INTERNET, MOBILE NETWORKS, AND THE DEVICES WHICH ACCESS THE INTERNET AND/OR MOBILE NETWORKS, COACH RHI SERVICES MAY NOT BE ACCESSIBLE WHEN NEEDED, AND THAT INFORMATION, DATA, AUDIO AND VIDEO TRANSMITTED OVER THE INTERNET AND/OR MOBILE NETWORKS MAY BE SUBJECT TO INTERRUPTION OR THIRD PARTY INTERCEPTION AND MODIFICATION. TO THE FULLEST EXTENT PERMITTED BY LAW, COACH RHI DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, BUSINESS AND MARKETING FOR A PARTICULAR PURPOSE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, AND ABSENCE OF VIRUSES AND DAMAGING OR DISABLING CODE. TO THE FULLEST EXTENT PERMITTED BY LAW, NONE OF COACH RHI, ITS AFFILIATES OR SERVICE PROVIDERS, COACH RHI’S CONTENT PROVIDERS AND/OR THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES NOR THE EMPLOYEES, AGENTS AND/OR CONTRACTORS (COLLECTIVELY, THE “COACH RHI PARTIES”) WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF COACH RHI SERVICES. COACH RHI CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET OR FOR YOUR MISUSE OF ANY OF CONTENT AND INFORMATION ACCESSED THROUGH COACH RHI SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF COACH RHI SERVICES AND YOUR RELIANCE UPON ANY OF THE RESPECTIVE CONTENT IS AT YOUR SOLE RISK.
b. You acknowledge that any information you obtain from another Coach Rhi Member comes from those individuals, and not from Coach Rhi, and that Coach Rhi, to the fullest extent permitted by law, is not in any way responsible for any of the information these third parties may supply or for any statements, claims, or representations they may make. To the fullest extent permitted by law, Coach Rhi disclaims any such statements, claims, or representations and the same do not expand or otherwise modify the terms of these Terms. If you are dissatisfied with Coach Rhi Services, your sole and exclusive remedy is to discontinue accessing and using Coach Rhi Services.
13. Limitation of Liability
a. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH COACH RHI MEMBER IS SOLELY RESPONSIBLE FOR (I) HIS OR HER USE OF COACH RHI SERVICES, AND (II) ANY DAMAGES INCURRED BY HIM OR HER OR ANY THIRD PARTY THAT ARISE FROM OR ARE RELATED TO COACH RHI SERVICES. THE AGGREGATE LIABILITY OF THE COACH RHI PARTIES FOR ANY DAMAGES, WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE, WILL BE LIMITED TO ACTUAL DAMAGES PROVED, AND NOT TO EXCEED THE AMOUNT PAID BY YOU TO COACH RHI FOR COACH RHI SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH HEREIN, NONE OF THE COACH RHI PARTIES WILL BE LIABLE FOR ANY PUNITIVE, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, EVEN IF COACH RHI OR ITS CONTENT PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
b. TO THE FULLEST EXTENT PERMITTED BY LAW, NONE OF THE COACH RHI PARTIES WILL HAVE ANY LIABILITY WHATSOEVER FOR ANY LOSSES; COSTS OR DAMAGES OF ANY KIND INCURRED OR SUFFERED BY YOU AS A RESULT OF SERVICES PROVIDED BY ANY OF OTHER COACH RHI MEMBER PURSUANT TO COACH RHI SERVICES.
c. YOU REPRESENT THAT YOU HAVE INDEPENDENTLY INVESTIGATED THE ADVISABILITY OF USING COACH RHI SERVICES AND THE POSSIBLE RISKS INVOLVED IN USING COACH RHI SERVICES. YOU AGREE TO MAINTAIN YOUR OWN INSURANCE COVERING SUCH RISKS AND WILL LOOK SOLELY TO SUCH INSURANCE FOR REIMBURSEMENT OF ANY RESULTING DAMAGES.
14. Third Party Disputes
COACH RHI IS NOT AFFILIATED WITH ANY CARRIER, SERVICE PROVIDER, OR THIRD PARTY SERVICE, AND ANY DISPUTE YOU HAVE WITH ANY CARRIER, SERVICE PROVIDER, THIRD PARTY SERVICE OR OTHER THIRD PARTY ARISING FROM YOUR USE OF COACH RHI SERVICES, INCLUDING, WITHOUT LIMITATION, ANY OTHER COACH RHI MEMBER OR YOUR EMPLOYER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE COACH RHI (AND OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
15. Force Majeure
Coach Rhi will not be liable for any delay or failure to perform any obligation herein if the delay or failure is due to unforeseen events that are beyond Coach Rhi’s reasonable control, such as strikes, blockade, war, terrorism, riots, natural disasters, epidemic or governmental action, in so far as such an event prevents or delays Coach Rhi in fulfilling its obligations hereunder.
16. Indemnification and Release
a. To the fullest extent permitted by law, you will defend, indemnify and hold Coach Rhi, her licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents, harmless against any loss or damage of any kind (including, without limitation, attorneys’ fees and lost revenues) arising from: (i) any and all breaches by you of these Terms or any representation, warranty or covenant contained herein; (ii) any and all use of Coach Rhi Services not specifically authorized hereunder and on Coach Rhi Services; and (iii) any and all claims and actions against Coach Rhi by other parties to whom you allow access to Coach Rhi Services.
b. To the fullest extent permitted by law, you further waive, release and forever discharge the Coach Rhi Parties from any and all responsibility or liability for injuries or damages resulting from your participation or any other service obtained through the use of Coach Rhi Services, including injuries or damages caused by the negligent act or omission of the Released Parties or in any way arising out of or connected with Coach Rhi Services.
c. Coach Rhi reserves the right, at her own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with her defense of such claim. You will not, in any event, settle any claim or matter without her written consent.
17. Additional Service Features
Coach Rhi Services may contain information on products and services provided by third parties, and links (including advertisements) to third party web sites. This information and these products, services, and links are provided only as a convenience to Coach Rhi Members. Coach Rhi does not review or control this information or these products, services, or other web sites, and Coach Rhi does not make any representations or warranties, express or implied, regarding this information or these products, services, or web sites. Inclusion of any of the foregoing in Coach Rhi Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Coach Rhi with respect to any third party or its web site or content, or any information, products, or services provided by that third party. Coach Rhi is under no obligation to maintain any link on Coach Rhi Services and may remove a link at any time in her sole discretion for any reason whatsoever.
18. Dispute Resolution
Generally. In the interest of resolving disputes between you and Coach Rhi in the most expedient and cost effective manner, you and Coach Rhi agree that any dispute arising out of or in any way related to these Terms or your use of Coach Rhi Services will be resolved by binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Terms or your use of Coach Rhi Services, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, UNLESS OTHERWISE PROHIBITED BY APPLICABLE LAW IN YOUR JURISDICTION, BY ENTERING INTO THESE TERMS, YOU AND COACH RHI ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS OR COLLECTIVE ACTION. YOU FURTHER UNDERSTAND THAT THESE DISPUTE RESOLUTION TERMS WILL APPLY TO YOU AND COACH RHI UNLESS YOU CHOOSE TO OPT OUT PURSUANT TO SECTION 18.i BELOW.
Whether to agree to arbitration is an important business decision. It is your decision to make, and you should not rely solely on the information provided in these Terms as it is not intended to contain a complete explanation of the consequences of arbitration. You should take further steps to conduct research and to consult with others, including, but not limited to, an attorney, regarding the consequences of your decision, just as you would when making any other important business or life decision.
a. Exceptions. Despite the provisions of the Section entitled “Generally” directly above, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) seek injunctive relief in a court of law; or (iii) to file suit in a court of law to address an intellectual property infringement claim.
a. No Class Actions. UNLESS OTHERWISE PROHIBITED BY APPLICABLE LAW IN YOUR JURISDICTION, YOU AND Coach Rhi AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Coach Rhi agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
b. Modifications to this Arbitration Provision. If Coach Rhi makes any future change to this arbitration provision, other than a change to Coach Rhi’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to Coach Rhi’s address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Coach Rhi. If you do not send such written notice, your continued use of Coach Rhi Services following any such change means that you have consented to such change.
c. Enforceability. If the Section entitled “No Class Actions” is found to be unenforceable or if the entirety of this Section 18 is found to be unenforceable, then the entirety of this Section 18 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described directly in Section 20 below will govern any action arising out of or related to these Terms or your use of Coach Rhi Services.
d. Opt Out. Arbitration is not a mandatory condition of these Terms. If you do not want to be subject to this Dispute Resolution provision, you may opt out of this Dispute Resolution provision by notifying Coach Rhi in writing of your decision by sending, within 30 days of the date you receive these Terms, an electronic message to RHIANNONTFIT@GMAIL.COM stating clearly your full name and intent to opt out of the Dispute Resolution provision. Should you choose not to opt out of this Dispute Resolution provision within the 30-day period, you and Coach Rhi will be bound by the terms of this Dispute Resolution provision. You have the right to consult with counsel of your choice concerning this Dispute Resolution provision. You understand that you will not be subject to retaliation if you exercise your right to opt out of coverage under this Dispute Resolution provision.
19. Protected Activity Not Prohibited
You should understand that, insofar as permitted by applicable law, nothing in these Terms will in any way limit or prohibit you from filing a charge or complaint with, or otherwise communicating or cooperating with or participating in any investigation or proceeding (“Protected Activity”) that may be conducted by any federal, state or local government agency or commission (“Government Agencies”). You understand that in connection with such Protected Activity, you are permitted to disclose documents or other information as permitted by law, and without giving notice to, or receiving authorization from, Coach Rhi. Notwithstanding, in making any such disclosures or communications, you agree to take all reasonable precautions to prevent any unauthorized use or disclosure of any information that may constitute Coach Rhi confidential information to any parties other than the Government Agencies.
20. Governing Law; Choice of Forum
The laws of the Province of Alberta, Canada, excluding its conflicts of law rules, govern these Terms and your use of Coach Rhi Services. Your use of Coach Rhi Services may also be subject to other municipal, provincial, national, or international laws.To the extent that any action relating to any dispute hereunder is permitted to be brought in a court of law, such action will be subject to the exclusive jurisdiction of the provincial and federal courts located in Calgary, Alberta, Canada and you hereby irrevocably submit to personal jurisdiction in such courts, and waive any defense of inconvenient forum.
If You provide any feedback to Coach Rhi concerning the functionality and performance of Coach Rhi Services (including identifying potential errors and improvements), You hereby assign to Coach Rhi all right, title, and interest in and to such feedback, and Coach Rhi is free to use such feedback without payment or restriction.
22. Entire Agreement; Variation
These Terms set forth the entire agreement between Coach Rhi and you with respect to Coach Rhi Services. These Terms supersede and govern all previous oral and written communications regarding these matters, all of which are merged into these Terms. No usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, supplement, or alter these Terms. These Terms may be changed only by a written agreement signed by an authorized agent of the party against whom enforcement is sought.
If any provision of these Terms is held invalid, illegal or unenforceable, such provisions will be modified, or if not possible, severed, to reflect the fullest valid, legal and enforceable expression of the intent of the parties and the remainder of these Terms will not be affected thereby.
24. Relationship of Parties
Nothing herein will be deemed to create an employer-employee relationship between Coach Rhi and you, nor any agency, joint venture or partnership relationship between the parties. Neither party will have the right to bind the other to any obligation, nor have the right to incur any liability on behalf of the other.
No delay, omission, or failure to exercise any right or remedy provided herein will be deemed to be a waiver thereof or an acquiescence in the event giving rise to such right or remedy, but every such right or remedy may be exercised, from time to time as may be deemed expedient by the party exercising such remedy or right.
Neither these Terms nor any of the rights granted to you herein may be assigned or transferred by you, whether voluntarily or by operation of law, without the express prior written permission of Coach Rhi and any attempt to do so will be null and void. However, Coach Rhi may assign or transfer these Terms at any time without your permission.
27. Third-Party Beneficiaries
The provisions of these Terms relating to the rights of Coach Rhi content providers are intended for the benefit of such content providers, and such content providers, as third-party beneficiaries, will be entitled to enforce such provisions in accordance with their terms, irrespective of the fact that they are not signatories to these Terms.
28. English Language
It is the express wish of the parties that this agreement and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.