Terms of Use
General
These Terms and Conditions govern the Internet user’s (You, Your) use of this website (the Site) and your relationship with Rahel Koller Coaching. Take care to inform yourself of the contents of this document, which affect your rights and obligations in law.
This Agreement shall be construed in accordance with the laws of the State of NC, without regard to any conflict of law provisions. Any dispute arising under this Agreement or otherwise in connection with this Site or any Content shall be resolved exclusively by the state and federal courts of the State of NC.
Contract Formed
Your continued use of this Site indicates your agreement to these Terms and Conditions (this Agreement). By Your agreement, a contract is formed between You and Rahel Koller Coaching. If You disobey any of these Terms and Conditions, legal consequences may follow. If You do not agree to these Terms and Conditions, You may not use this Site, nor apply for registered use of this Site.
Whole Agreement
These Terms and Conditions form the entire Contract between You and Rahel Koller Coaching in respect of Your access to and use of the Site and the Content, and supersedes all prior understandings, purchase orders, agreements and arrangements. Any unauthorized use of the Site Terminates this Agreement.
The Site is interpreted to mean without limitation this website (the Site), various individual websites hosted at or via the Site, any individual intranet and/or extranet hosted via the Site, and any part thereof.
The Content is defined below under the INTELLECTUAL PROPERTY RIGHTS heading.
Subject to the Terms and Conditions of this Agreement, You are provided a revocable limited personal non-exclusive non-transferable non-commercial license to access and use the Site and the Content for the duration of this Agreement. Under no circumstances are You entitled to sub-license access to and/or use of the Site or the Content.
If You disobey these Terms and Conditions, then this Agreement will automatically terminate, upon which You may not access, use, copy, transmit, distribute, or communicate at or via the Site or the Content.
Right to Change this Agreement
Rahel Koller Coaching reserves the right to alter the Terms and Conditions of this Agreement at any time, and without notice.
Any altered Terms and Conditions will apply to You as soon as You access this Site after Terms and Conditions have been changed.
Please return to this page regularly, to determine if amendments to these Terms and Conditions have been effected.
All Rights Reserved
All rights of any kind in respect of this Site which are not expressly granted in this Agreement are entirely and exclusively reserved to and by Rahel Koller Coaching.
You may not rent, lease, or use commercially, nor modify, translate, reverse engineer, decompile, disassemble the Site or the Content or any party thereof, nor create derivative works based on the Site or the Content or any party thereof.
Rahel Koller Coaching reserves the right to revoke all rights in this Agreement without notice, at any time, and for any or no reason.
Availability of Rahel Koller Coaching Site, Products and Services
Rahel Koller Coaching aims to offer You the best products and services possible, but makes no warranty that access to and use of the Site, Contents, and any products or services offered thereby will meet Your requirements, and cannot guarantee that the service will be fault-free.
If You experience a faulty service, please report it to us. In such event, Rahel Koller Coaching will attempt to remedy the fault as soon as it reasonably can.
Your access to the Rahel Koller Coaching site may from time to time be restricted to allow for repairs, maintenance and the introduction of new products or services. In such event, Rahel Koller Coaching will attempt to restore service as soon as it reasonably can.
Products and Services Provided
Rahel Koller Coaching may provide certain products and services via the Site. Rahel Koller Coaching reserves the right to add to, amend or withdraw from availability, any or all of the products and services without notice. Provision of existing services and products shall be governed by the terms of this document.
Terms of Provision of Products and Services
You warrant that all details provided by you on registration or at any time are true and correct, and you undertake to inform Rahel Koller Coaching of any changes therein.
Upon registration, Rahel Koller Coaching may issue You with a username and password for access to its products and services.
You agree to accept liability and responsibility for all activities that occur and transactions that are entered into using that username and password; and undertake:
Responsibility for maintaining the confidentiality of the username and password issued to You;
To logout at the end of each protected session, and
To restrict access to Your workstation during logged-in sessions; and
To notify Rahel Koller Coaching immediately upon the breach of the confidentiality of Your username and password.
Upon reasonable belief by Rahel Koller Coaching that Your username and/or password have been compromised, it may require You to change your password, or it may suspend your account pending remedial action.
All products are subject to availability, while stocks last, and all services are subject to Rahel Koller Coaching’s capacity to provide them.
Intellectual Property Rights
The Site displays Content which consist of Copyrighted works, owned by their proprietors, including Rahel Koller Coaching, its affiliates and/or subsidiaries, or any other third party owners of such content (‘the Providers’).
The Copyrighted works may include without limitation Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs (‘the Content’).
All such Content, and the compilation of the Content, is protected by United States of America and international copyright laws. All rights in and to the Content is reserved and retained by the Providers.
You are not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content, other than as specified in these Terms and Conditions.
You agree and acknowledge that any derivative work or adaptation made by You of the Content is the property of the Providers, and no assignment or transfer or general right of use therein is acquired by You unless agreed to and reduced to writing.
All Content downloaded or otherwise copied from this Site may only be stored and/or presented, regardless of format, in conjunction with all copyright, trademark or other proprietary notices used in conjunction with the Content on the Site.
The source code of the Site or any separate software accessed thereby is not provided with the Site. Any attempt by You to reveal, obtain or otherwise access the source code is a violation of this Agreement, and terminates it without limitation of Rahel Koller Coaching’s right of recourse to pursue all applicable action for infringement of its intellectual property.
Should you submit to the Site any content as defined above, You thereby:
Warrant that you own or are otherwise legally entitled to supply the content submitted to the Site; that such content is accurate; that by the supply of the content to Rahel Koller Coaching, You do not violate any law, nor that such supply will cause injury to any person or entity; and that You indemnify the Owners against all claims in respect of content You supply to it.
Grant to Rahel Koller Coaching a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such the content throughout the world in any media.
No Warranty, Limitation of Liability
Under no circumstances shall the Providers, their principals, shareholders, officers, employees, affiliates, contractors, subsidiaries, or parent organisations, be liable for any direct or indirect, special or consequential, or other damages whatsoever (including, without limitation, injury to person or to personality, lost profits, lost or damaged data or databases, business interruption, loss of information, programs or other data) relating to access to or use of the Site or the Content.
Any liability of Rahel Koller Coaching in this Agreement will be limited exclusively to the re-provision, on the same terms and conditions, of the products and services offered in this Agreement.
You may not access Site under circumstances where the access to or use of the Site or the Content can reasonably be expected to result in monetary damage or loss, mental or physical injury, or in danger to or loss of life.
Any such access to or use of the Site or the Content in conflict with the above clause will be entirely at Your own risk, and You agree to hold Rahel Koller Coaching harmless from any claims or losses arising from such access or use.
By Your access to or use of the Site, You assume the entire risk therein. This Site and the Content are provided “as is”, and does not contain or include any warranty of any kind, whether express or implied.
Specifically, the Providers do not make any representations, endorsements or warranties, express or implied, concerning the availability, currency, accuracy, or completeness of the Site or the Content or the reliability of information displayed at or otherwise made available through the Site.
In particular, Rahel Koller Coaching makes no warranty in respect of:
Malicious code: The Site does not scan for malicious code. You acknowledge and accept the responsibility to obtain and operate Your own anti-virus protection.
Secure communications: The Site is accessible via the Internet, and communications transmitted via the Internet are susceptible to monitoring and interception. You are urged to exercise restraint and caution in all communications, and to apply industry-standard protection measures to Your systems.
To the full extent allowed by applicable law, You agree that Rahel Koller Coaching will not be liable to You or to any third party for any direct, indirect, special, consequential incidental or punitive damages whatsoever (including without limitation loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss or privacy or loss of data) that arise out of or are related to this Site.
Indemnity
You hereby indemnify Rahel Koller Coaching against all losses, liabilities, costs and expenses reasonably suffered or incurred by Rahel Koller Coaching, all damages awarded against Rahel Koller Coaching by any court of competent jurisdiction, and settlement amounts paid by Rahel Koller Coaching as a result of any settlement agreed to by Rahel Koller Coaching arising out of or in connection with:
Any claim by any third party that the use by You of this Site, the Content, or the products or services offered at the Site, is defamatory, offensive or abusive, or of an obscene or illegal nature, or otherwise constitutes a breach of any applicable law, regulation or code of practice;
Any claim by any third party that the use by You of this Site, the Content, or the products or services offered at the Site, infringes that third party’s Intellectual Property Rights of whatever nature; and
Any fines or penalties imposed by any legal or regulatory authority in connection with the above prohibited activities.
Should Rahel Koller Coaching reasonably believe that You have breached any of Your obligations under the Website Terms and Conditions or the Terms and Conditions of this document, Rahel Koller Coaching shall be entitled, without limitation to Rahel Koller Coaching’s further remedies and rights, to suspend or cancel your registration, to suspend Your access to any or all services or products. The suspension or cancellation of Your registration shall be without prejudice to either party’s rights.
Hyperlinks to Third Party Sites
This Site may contain links to third party web sites for User convenience. Rahel Koller Coaching has no control over such web sites, and the inclusion of a link to a third party web site does not imply a warranty, representation or endorsement by the Providers of that third party web site, its content, nor any products or services offered through that web site. If You click through to a third party web site, You will leave the Site, and visit those web sites at Your own risk.