PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SOFTWARE. BY USING THIS SOFTWARE, EVEN FOR REVIEW AND CONSIDERATION, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THEN DO NOT USE THE LICENSED SOFTWARE.
The materials on this website and within The Coach’s Harbor, LLC system (together, “Site”) and the services furnished on the Site (“Services”) are provided by Coach’s Harbor, LLC. as a service to its registered and authorized users. By clicking on the “I Agree” button and using the Site or Services you agree to the following terms and conditions (“Agreement”). If you do not agree with these terms and conditions, do not click the “I Agree” button and do not use the Site or the Services.
You agree that this Agreement is the complete and exclusive statement of the Agreement between COACH’S HARBOR, LLC and you, which supersedes any proposal or prior agreement, oral or written, and any other communications between you and COACH’S HARBOR, LLC relating to the subject matter of this Agreement.
COACH’S HARBOR, LLC MAY, AT ANY TIME, REVISE THIS AGREEMENT AND MODIFY, ENHANCE OR DELETE FEATURES OR SERVICES AVAILABLE ON THE SITE BY UPDATING THIS POSTING. YOU SHOULD VISIT THIS PAGE FROM TIME TO TIME TO REVIEW THE THEN CURRENT TERMS BECAUSE THEY ARE BINDING ON YOU. CERTAIN PROVISIONS OF THESE TERMS MAY BE SUPERSEDED BY EXPRESSLY DESIGNATED LEGAL NOTICES OR TERMS LOCATED ON OTHER PARTICULAR PAGES AT THE SITE. COACH’S HARBOR, LLC DOES NOT AND WILL NOT ASSUME ANY OBLIGATION TO PROVIDE YOU WITH NOTICE OF ANY CHANGE TO THESE TERMS AND CONDITIONS. YOUR CONTINUED USE OF THE SITE OR SERVICES FOLLOWING CHANGES TO THESE TERMS AND CONDITIONS BY COACH’S HARBOR, LLC CONSTITUTES AND SHALL BE DEEMED YOUR ACCEPTANCE OF SUCH CHANGES.
LICENSE. Subject to the terms and conditions of this Agreement and in consideration of your use of the Site and the Services and payment of the user fees, COACH’S HARBOR, LLC grants you a limited, nontransferable, and nonexclusive license to access and use the Site and the Services. This is a license only to use the Site and its Services for its specific and intended purpose and it is not a transfer of title.
You shall not: (1) use any automated process or software robot to print, download, view, or otherwise use content from the Site or its Services; (2) use the Site or its content, or Services for the purpose of soliciting a product, solution, sale or service to any person or company that may have a listing or a content included in the Site; (3) modify the Site or the Services or use them for any type of commercial purpose, public display performance or posting on any computer network; (4) decompile, reverse engineer or disassemble the Site or the Services; (5) remove any trademark, copyright or other proprietary notices from the Site or the Services; (6) transfer your license to any other person; or, (7) create derivative works based on the Site, Site materials, or the Services or the supporting software. COACH’S HARBOR, LLC reserves any and all rights not expressly granted in this Agreement.
REGISTRATION. You are responsible for providing all equipment necessary to access the Site and use the Services. You may become a registered user by completing an online registration form and paying the subscription fee. Upon submitting the online registration application, COACH’S HARBOR, LLC, or its authorized agent, shall process the application. You warrant and agree that you shall: (1) provide true, accurate, current and complete information about yourself on the registration form and (2) update your registered user information so that it is true, accurate, current and complete at all times that you are a registered user. You must promptly advise COACH’S HARBOR, LLC of all changes including, but not limited to, changes in your address and the credit card used for billing with COACH’S HARBOR, LLC. If COACH’S HARBOR, LLC determines or reasonably believes that the information that you have provided is untrue, inaccurate, or incomplete, then COACH’S HARBOR, LLC or its authorized agent may suspend or terminate your use and refuse any and all current or future use of the Site or Services, preserving COACH’S HARBOR, LLC’ rights to other legal or equitable relief.
PASSWORDS. If you are a registered user, COACH’S HARBOR, LLC will issue to you a user identification name and password to permit you to access the Site and Services. You warrant and agree that you shall not use a user name that violates the rights of a third party. COACH’S HARBOR, LLC, at its sole discretion, reserves the right to deny the use of any user name it deems inappropriate. Additionally, COACH’S HARBOR, LLC reserves the right, in its sole discretion, to cancel the membership of a registered user who uses his or her user name in violation of the terms and conditions of this Agreement or in any other way which COACH’S HARBOR, LLC, in its sole discretion, deems inappropriate.
Your membership, unique user name and password are nontransferable and nonassignable. You agree to (1) promptly advise COACH’S HARBOR, LLC of any unauthorized use of your unique user name and password or any other breach of security, and (2) assure that you have correctly exited from the COACH’S HARBOR, LLC Site and Services upon completion of each log-in session. You are responsible and liable for any unauthorized use of the COACH’S HARBOR, LLC Site and Services unless and until you provide notification to COACH’S HARBOR, LLC concerning the alleged unauthorized use. Unauthorized access or use of the Site and Services is illegal and a breach of the terms and conditions of this Agreement. You agree to indemnify COACH’S HARBOR, LLC concerning all activities conducted through or on your account.
FEES. You shall pay, in accordance with billing options selected, any fees or other charges at the rate in effect for the billing period in which those charges are incurred. Charges for the Services and the use of the Site will be based on the date of account activation. If you fail to make timely payments or otherwise breach this Agreement, COACH’S HARBOR, LLC may terminate your account without prior notice and you agree to pay to COACH’S HARBOR, LLC the actual costs of collection, including reasonable attorney’s fees and expenses.
BILLING ERRORS. If you believe that COACH’S HARBOR, LLC has erroneously charged your credit card account, you agree to promptly notify COACH’S HARBOR, LLC of such error. If you fail to notify COACH’S HARBOR, LLC within thirty (30) days after the alleged error first appears on your credit card statement, the charged amount shall be deemed accepted by you for all purposes, including, but not limited to, the resolution of inquiries or investigations made by the issuer of your credit card. You agree to release COACH’S HARBOR, LLC from all liabilities and claims of loss resulting from any alleged billing error or any discrepancy you fail to report to COACH’S HARBOR, LLC within thirty (30) days of its submission to you.
TERM. The term of this Agreement shall be (1) for monthly members, for a period of one (1) month and shall be automatically renewed for successive one-month periods, (2) for annual members, for a period of one (1) year and shall be automatically renewed for successive one-year periods, and (3) for lifetime members, for the life of the Software, without further action by either COACH’S HARBOR, LLC or you, until either you or COACH’S HARBOR, LLC terminates this Agreement as provided below.
TERMINATION OF USE. You may request cancellation of your status as a registered user by sending the “Discontinue Membership” form located on the Site by e-mail to COACH’S HARBOR, LLC. COACH’S HARBOR, LLC will process your request within thirty (30) days after receiving the Discontinue Membership form. Your membership will be discontinued and you will no longer incur membership fees after the end of the then-current monthly or annual term (as applicable), or have access to the Site or its Services after COACH’S HARBOR, LLC sends a confirmation e-mail to you within such 30-day period that your membership has been discontinued. See “Refund Policy” below to determine the amount of any refund to which you may be entitled.
Without limiting its other rights or remedies, COACH’S HARBOR, LLC has the right, in its sole discretion, to issue a warning, suspend temporarily, suspend indefinitely, or terminate this Agreement and your access to and use of the Site and Services, with or without prior notification, if: (1) COACH’S HARBOR, LLC believes that you have breached any terms and conditions of this Agreement or any document incorporated herein, if any, by reference; (2) your credit card cannot be processed or you fail to pay any amount due by the payment due date; (3) COACH’S HARBOR, LLC is unable to authenticate, substantiate or verify information which you have provided to COACH’S HARBOR, LLC; (4) COACH’S HARBOR, LLC has a reasonable belief that your actions might give rise to legal liability for COACH’S HARBOR, LLC or its users; or (5) COACH’S HARBOR, LLC decides to cease operations or otherwise discontinue any or all of the Site or Services provided hereunder. Additionally, you understand and agree that neither COACH’S HARBOR, LLC nor a third party acting on its behalf shall be liable to you for termination of your membership or the denial of access to the Site or Services to you.
REFUND POLICY. If you are a monthly or annual member, you will receive 100% of your money back if you cancel within the first 30 days of active membership. If you cancel after the first 30 days, the following applies:
(a) Monthly members. If you are a monthly member and you cancel after the first 30 days of your paid membership, you do not get a refund – you simply cancel and your monthly membership fee will stop at the end of the month in which your cancellation is processed, as provided in the “Termination of Use” section above.
(b) Annual members. If you are an annual member (i.e., if you have paid for 12 months up front) and you cancel after the first 30 days of your paid membership, you do not get a refund – you simply cancel and your annual membership fee will stop at the end of the then-current membership year, as provided in the “Termination of Use” section above.
OWNERSHIP OF MATERIAL. All intellectual property rights in the software for the Services and Site and user documentation are owned by COACH’S HARBOR, LLC or its suppliers and are protected under applicable United States copyright law, other applicable copyright laws and international treaties. COACH’S HARBOR, LLC and its suppliers retain all rights not expressly granted in this Agreement
The Site and Services and materials located therein are protected by copyright, trademark and other intellectual property rights and you agree that you will not copy, reproduce, modify publish, upload, post, transmit or distribute in any way or manner the Site, materials or Services without COACH’S HARBOR, LLC’ prior written permission. Except as expressly provided in this Agreement, COACH’S HARBOR, LLC and its suppliers or independent contractors do not grant by estoppel, implication or otherwise any express or implied right to you under any patents, copyrights, trademarks, service marks, proprietary information, trade secret information, or other intellectual property laws.
INTERFERENCE. You shall not use any automatic device or manual process to monitor or reproduce the Site or its Services, and you shall not use any device, software, virus, or computer code to interfere, or attempt to disrupt or to damage, the Site and any communication or Services on it. You understand that the introduction by COACH’S HARBOR, LLC of various technologies may not be consistent or operational across all platforms, e.g., Windows or Macintosh. You understand that your use of the Site and Services are at your sole risk. COACH’S HARBOR, LLC provides its services on a commercially reasonable basis and does not guarantee that you will be able to access the Site or its Services at a given time or location of your choosing or that COACH’S HARBOR, LLC will have adequate capacity for the Site or Services as a whole.
DISCLAIMER OF WARRANTY. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN AND SOLE RISK. THE SITE AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON INFRINGEMENT. COACH’S HARBOR, LLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES COACH’S HARBOR, LLC MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY, SUITABILITY, USEFULNESS, ACCURACY OR COMPLETENESS OF THE SITE OR SERVICES. THERE IS NO WARRANTY, EXPRESS OR IMPLIED, AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE INFORMATION OR INFRINGEMENT. YOU ALSO UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES OR LINKS IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. YOU UNDERSTAND THAT COACH’S HARBOR, LLC CAN NOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. COACH’S HARBOR, LLC DOES NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF THE INTERNET. YOU AGREE AND ADMIT THAT USE OF THE INTERNET IS RISKY AND YOU VOLUNTARILY ASSUME THAT RISK BY USING THE INTERNET. COACH’S HARBOR, LLC MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE OR ANY TRANSACTION ENTERED INTO THROUGH THE SITE AND IS NOT RESPONSIBLE FOR ANY USE OF CONFIDENTIAL OR PRIVATE INFORMATION BY SELLERS OR THIRD PARTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY. IN NO EVENT SHALL COACH’S HARBOR, LLC (OR ITS LICENSORS, AGENTS, SUPPLIERS, RESELLERS, SERVICE PROVIDERS, OR ANY OTHER SUBSCRIBERS OR SUPPLIERS) BE LIABLE TO YOU, OR ANY OTHER THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUE, OR GOODWILL, WHICH MAY ARISE FROM ANY PERSON’S USE, MISUSE, OR INABILITY TO USE THE SITE OR SERVICES, EVEN IF COACH’S HARBOR, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS IS FOR ANY MATTER ARISING OUT OF OR RELATING TO THIS AGREEMENT, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE, EVEN IF COACH’S HARBOR, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL COACH’S HARBOR, LLC’ MAXIMUM TOTAL AGGREGATE LIABILITY UNDER THIS AGREEMENT FOR DIRECT DAMAGES EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU FOR USE OF THE SITE OR SERVICES FOR A PERIOD OF NO MORE THAN ONE (1) MONTH FROM THE ACCRUAL OF THE APPLICABLE CAUSE OR CAUSES OF ACTION. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
INDEMNITY. You agree to defend, indemnify, and hold harmless COACH’S HARBOR, LLC and its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, losses, liabilities, expenses, costs, or demands, including without limitation, legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from your use, misuse, or inability to use the Site or Services, or your breach of this Agreement. COACH’S HARBOR, LLC shall promptly notify you by electronic mail of any such claim or suit, and cooperate fully (at your expense) in the defense of such claim or suit. COACH’S HARBOR, LLC reserves the right to participate in the defense of such claim or defense at its own expense, and choose its own legal counsel, but COACH’S HARBOR, LLC is not obligated to do so.
LINKS AND ACCOUNT INFORMATION. Some websites which are linked to the Site are owned and operated by third parties. Because COACH’S HARBOR, LLC has no control over such websites and resources, you acknowledge and agree that COACH’S HARBOR, LLC is not responsible for the availability of such external websites or resources, is not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites or resources. You further acknowledge and agree that COACH’S HARBOR, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party content, goods or services available on or through any such website or resource. If you decide to access any such third party websites, you do so entirely at your own risk and subject to any terms and conditions and privacy policies posted therein. You further acknowledge that use of any website controlled, owned or operated by third parties is governed by the terms and conditions of use for those websites, and not by this Agreement. Links to external websites or inclusions of advertisements do not constitute an endorsement by COACH’S HARBOR, LLC of such websites or the content, products, advertising or other materials presented on such websites, but are for your convenience. You access them at your own risk. COACH’S HARBOR, LLC expressly disclaims any liability for any damages whatsoever incurred by you in connection with the use of any websites, the access to which was found through the Site. COACH’S HARBOR, LLC expressly disclaims any liability derived from the use and/or viewing of any links that may appear on the Site. You hereby agree to hold COACH’S HARBOR, LLC harmless from any and all damages and liability that may result from your use of links that may appear on the Site.
INTELLECTUAL PROPERTY. Any materials accessible from the Site are the proprietary information and valuable intellectual property of COACH’S HARBOR, LLC or the party that provided the material to COACH’S HARBOR, LLC, and COACH’S HARBOR, LLC or the party that provided the material to COACH’S HARBOR, LLC retains all right, title, and interest in the material. Accordingly, the material may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of COACH’S HARBOR, LLC, except that you may print out a copy of the material solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the material. Modification or use of the content except as expressly provided in these Terms and Conditions violates COACH’S HARBOR, LLC’ intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to the Site. All material included on the Site, such as text, graphics, photographs, video and audio clips, music, soundtracks, button icons, streaming data, animation, images, downloadable materials, data compilations and software is the exclusive property of COACH’S HARBOR, LLC or its content suppliers and is protected by United States and international copyright laws, as well as other laws and regulations.
EXPORT CONTROL. You understand and acknowledge that the software elements of the Site or Services may be subject to regulation by agencies of the United States Government, including the United States Department of Commerce, which prohibits export or diversion of software to certain countries and third parties. Diversion contrary to United States’ or international law is prohibited. You will not assist or participate in any such diversion or other violation of applicable laws and regulations. You warrant that you will not license or otherwise permit anyone not approved to receive controlled software elements of the Site or Services under applicable laws and regulations and that you will abide by such laws and regulations. You agree that none of the software elements of the Site or Services are being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or be used for proscribed activities.
LEGAL COMPLIANCE. You shall conform to all applicable domestic and international laws, statutes, ordinances, and regulations regarding use of the Site and Services. IF COACH’S HARBOR, LLC DETERMINES THAT YOU INTEND TO USE THE COACH’S HARBOR, LLC SITE OR SERVICES FOR ANY ILLEGAL OR IMPROPER PURPOSES, COACH’S HARBOR, LLC EXPRESSLY RESERVES THE RIGHT TO TERMINATE YOUR MEMBERSHIP IMMEDIATELY.
NO AGENCY RELATIONSHIP. Nothing in this Agreement shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, employment, joint venture or formal business entity of any kind between COACH’S HARBOR, LLC and you; and the rights and obligations of the parties shall be limited to those expressly set forth in this Agreement.
NOTICE. Any notice required to be given under this Agreement shall be provided by e-mail to a functioning e-mail address of the party to be noticed, or by personal delivery by commercial carrier, such as FedEx or Airborne. Either party may change the address to which notice is to be sent by written notice to the other party pursuant to this provision of the Agreement.
FORCE MAJEURE. COACH’S HARBOR, LLC shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond its reasonable control, including, but not limited to: acts of God, fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay COACH’S HARBOR, LLC performance.
a. Governing Law. You and COACH’S HARBOR, LLC agree that this Agreement is, and shall be, governed by, enforced and interpreted in accordance with the laws of the Commonwealth of Virginia, excluding its laws relating to choice of law.
b. Rights to Injunctive Relief. You and COACH’S HARBOR, LLC acknowledge and agree that remedies at law may be inadequate to provide an aggrieved party with full compensation in the event of the other party’s breach, and that an aggrieved party shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity.
c. Choice of Forum. Regardless of what venue would otherwise be permissive or required, the parties stipulate that all actions arising under or related to this Agreement shall be brought in the state or federal courts located in the City of Pensacola, Florida. The parties agree that either of such forums is mutually convenient and bears a reasonable relationship to this Agreement, and the parties waive objection to any venue in those forums. The parties irrevocably submit to the jurisdiction of such courts for the purpose of any suit, action or other proceeding arising under or related to this Agreement. Process in any action or proceeding may be served on any party anywhere in the world.
d. Limitations Period. You and COACH’S HARBOR, LLC agree that the statute of limitations for causes of actions for suits at law or claims in equity arising from a breach of this Agreement or pertaining to a claim under this Agreement is one (1) year from the date the action accrues or it is forever barred.
e. Assignment. The rights and liabilities of the parties to this Agreement will bind and inure to the benefit of the parties and their respective assignees, successors, executors, and administrators, as the case may be. Neither these terms and conditions nor any rights granted hereunder may be sold, leased, assigned or otherwise transferred by you, in whole or in part.
f. Severability. . If any term, clause or provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision. Such invalid term, clause or provision shall be deemed to be severed from these terms and conditions, and the remainder of this Agreement will continue in full force and effect.
g. Attorneys’ Fees. If any party breaches any of its obligations under this Agreement, the breaching party shall pay all reasonable costs and fees, including all attorney’s and other professional’s fees, incurred by any non-breaching party in protecting, enforcing, or interpreting its rights under this Agreement, including fees incurred in pre-trial proceedings and discovery, trial and on appeal. In addition, the nonprevailing party in any suit or action relating to this Agreement shall pay all such costs and fees incurred by the prevailing party.
h. No Waiver. No waiver by COACH’S HARBOR, LLC shall be deemed a waiver of any subsequent default of the same provision of these terms and conditions.
i. Headings. All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of these terms and conditions.
j. Other Jurisdictions. COACH’S HARBOR, LLC makes no representation that the Site or Services are appropriate or available for use in other locations. Those who choose to access the Site or Services from such locations do so on their own initiative and are solely responsible for compliance with all applicable laws and regulations.
This Policy is subject to change by Coach’s Harbor, LLC. (referred to throughout this Policy as “we”, “our” and “us”) at any time and at our discretion without notice by updating this posting. By using this website, you accept the terms and privacy practices contained in this Policy.
We understand the importance that Internet users place on privacy, and this Policy describes how we use personal information that is collected at our website.
Please read this Policy before using this website or submitting any personal information. California residents, please also see the “Note To California Residents” Section for additional rights that apply to you.
We take children’s privacy very seriously. This website should only be accessed by persons eighteen (18) years or older. Due to the age restrictions of this website, none of the information obtained by this website falls within the Child Online Privacy Act (COPA). However, if your minor child has provided us with personally identifiable information, you may contact us if you want this information deleted from our records. We will then remove your child’s information from the database that stores the information.
With the exception of your account information and other information we collect in connection with your registration or authentication into our Services, this Policy does not apply to our security and privacy practices in connection with your access to and use of the Services. These security and privacy practices, including how we protect, collect, and use electronic data, text, messages, communications or other materials that you submit to us and that are stored within the Services, are detailed in and governed by our End User License Agreement (“EULA”), or such other applicable agreement relating to your access to and use of such Services.
Subscribers to our Services (“Subscribers”) are solely responsible for establishing policies for and ensuring compliance with all applicable laws and regulations, as well as any and all privacy policies, agreements or other obligations, relating to the collection of personal information in connection with the use of our Services by individuals with whom our Subscribers interact. We collect information under the direction of our Subscribers, and have no direct relationship with individuals whose personal information we process in connection with our Subscriber’s use of our Services. If you are an individual who interacts with one of our Subscribers, please contact our Subscriber directly for assistance with any requests or questions relating to your personal information.
We may transfer personal information to companies that help us provide our Services. Transfers to third parties for these purposes are governed by the End User License Agreements with our Subscribers.
THE TYPE OF INFORMATION WE COLLECT FROM YOU
Like most places on the Internet, simply by visiting our website you automatically tell us certain information. This includes basic information such as your IP address, when you visited, the website from where you came prior to visiting us, the website where you go when you leave our website, your computer’s operating system, and the type of web browser that you are using. Our website automatically records this basic information about you and stores it in log files.
We combine this automatically collected log information with other information we collect about you. We do this to offer special discounts and to improve marketing, analytics, and website functionality.
Technologies such as: cookies, beacons, tags and scripts are used by us and our marketing, advertising and support partners. These technologies are used in analyzing trends, administering the website, tracking users’ movements around the website and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.
We may also collect any data that you provide us when you post it at our website (through our Contact Us page) or by email (such as your name and email address). You can always choose not to provide us with information. However, if you do choose not to provide certain information, we may deny you access to some or all of our website’s services and features.
Any information you provide on our website order forms is collected by our payment processing service providers on their servers. That information is then shared with us. This information includes ordering information such as shipping and billing names and addresses, phone numbers, email address, and credit card information (See “Orders and Use of Personal Information” below). We use this information primarily to fulfill customer orders and requests. We do not share this information with any third parties. However, we may disclose personal information collected if we have received your permission beforehand or in very special circumstances, such as when we believe that such disclosure is required by law or other special cases described below.
Emails or newsletters that we send electronically may use techniques such as web beacons or pixel tags to gather email metrics and information to improve the reader’s experience, such as the number of emails that are opened, whether they were forwarded or printed, the type of device from which they were opened, and the location (e.g. city and state) associated with the applicable IP address.
ORDERS AND USE OF PERSONAL INFORMATION
If you purchase a product or service from us, we request certain personal information from you on our order form. You must provide contact information (such as name, email, and shipping address) and financial information (such as credit card information and expiration date). We use this information for billing purposes and to fill your orders. If we have trouble processing an order, we will use this information to contact you.
By submitting your email address on this website, you agree to receive email from us. You can cancel your participation in any of these email lists at any time by clicking the opt-out link or other unsubscribe option that is included in the respective email. We only send emails to people who have authorized us to contact them, either directly, or through a third party. We do not send unsolicited commercial emails, because we hate spam as much as you do.
By submitting your email address, you also agree to allow us to use your email address for custom audience targeting on sites like Facebook, where we display custom advertising to specific people who have opted-in to receive communications from us.
In addition, you agree that by submitting your telephone contact information on this website and/or registering to receive the products and/or services offered herein, such act constitutes a purchase, an inquiry, and/or an application for the purposes of the Amended Telemarketing Sales Rule (ATSR), 16 CFR Part 310 et seq. and any applicable state and local “do not call” regulations. We retain the right to contact you via telemarketing in accordance with the ATSR and the applicable state regulations.
We ask for and may collect personal information such as your name, address, phone number and email address when you register for or attend a sponsored event or other events at which we participate.
WHAT WE DO WITH YOUR INFORMATION
We may use the information we collect about you (including personal information, to the extent applicable) for a variety of purposes, including to (a) provide, operate, maintain, improve, and promote the Services; (b) enable you to access and use the Services; (c) process and complete transactions, and send you related information, including purchase confirmations and invoices; (d) send transactional messages, including responses to your comments, questions, and requests; provide customer service and support; and send you technical notices, updates, security alerts, and support and administrative messages; (e) send promotional communications, such as providing you with information about products and services, features, surveys, newsletters, offers, promotions, contests, and events; and provide other news or information about us and our partners. You can opt-out of receiving marketing communications from us by contacting us at [email protected] or following the unsubscribe instructions included in our marketing communications; (f) monitor and analyze trends, usage, and activities in connection with the website and Services and for marketing or advertising purposes; (g) investigate and prevent fraudulent transactions, unauthorized access to the Services, and other illegal activities; (h) personalize the website and Services, including by providing features or advertisements that match your interests and preferences; and (i) for other purposes for which we obtain your consent.
As a general rule, we will not share, sell, rent or trade your data with third parties without your permission. However, there are some important exceptions to this rule that are described in the following paragraphs.
We may, in our sole discretion, provide information about you as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or other legal process for purposes of fraud investigations, alleged intellectual property infringement, or any other suspected illegal activity or matters that may expose us to legal liability.
Although we do not disclose individually identifiable information, we may disclose aggregate data about our website’s visitors to advertisers or other third parties for marketing and promotional purposes.
We share information, including personal information, with our third-party service providers that we use to provide hosting for and maintenance of our website, application development, backup, storage, payment processing, analytics and other services for us. These third-party service providers may have access to or process your personal information for the purpose of providing these services for us. We do not permit our third-party service providers to use the personal information that we share with them for their marketing purposes or for any other purpose than in connection with the services they provide to us.
If we go through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of our assets, your personal information will likely be among the assets transferred. You will be notified via email and/or prominent notice on our website for 30 days of any such change in ownership or control of your personal information.
BEHAVIORAL TARGETING / RE-TARGETING
HOW LONG WE RETAIN YOUR PERSONAL INFORMATION:
ACCESS TO PERSONAL INFORMATION
Upon request we will provide you with information about whether we hold, or process on behalf of a third party, any of your personal information. To request this information please contact us at [email protected] Subscribers to our Services may update or change their account information by editing their profile or organization record or by contacting [email protected] for more detailed instructions. To make a request to have personal information maintained by us returned to you or removed, please email [email protected] Requests to access, change, or remove your information will be handled within thirty (30) days.
An individual who seeks access to personal information, or who seeks to amend or delete personal information stored or processed by us on behalf of one of our Subscribers, should direct his/her query to the Subscriber. Upon receipt of a request from one of our Subscribers for us to remove or amend the data, we will respond to their request within thirty (30) days. We will retain personal information that we store and process on behalf of our Subscribers for as long as needed to provide the Services to our Subscribers. We will retain and use this personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
If you are a Subscriber or otherwise provide us with personal information in connection with your use of our website or Services, we will delete this information upon your request, provided that, notwithstanding such request, this information may be retained for as long as you maintain an account for our Services, or as needed to provide you with our Services, comply with our legal obligations, resolve disputes and enforce our agreements.
We provide you the opportunity to opt-out from any promotional, marketing, or informational emails that we may send you. You may do so by following the instructions included in each communication or by emailing us at [email protected]
The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security.
When you enter sensitive information (such as a credit card number) on order forms that are hosted by our PCI compliant third-party service providers, the transmission of that information is encrypted using secure socket layer technology (SSL).
If you have any questions about the security of your personal information, you can contact us at [email protected]
We may use Google Analytics Advertiser Features to optimize our business. Advertiser features include:
Remarketing with Google Analytics
Google Display Network Impression Reporting
DoubleClick Platform Integrations
Google Analytics Demographics and Interest Reporting
By enabling these Google Analytics Display features, we are required to notify our website visitors by disclosing the use of these features and that we and third-party vendors use first-party cookies (such as the Google Analytics cookie) or other first-party identifiers, and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to gather data about your activities on our website. Among other uses, this allows us to contact you if you begin to fill out our check-out form but abandon it before completion, with an email reminding you to complete your order. The “Remarketing” feature allows us to reach people who previously visited our website, and match the right audience with the right advertising message.
As advertisers on Facebook and through our Facebook page, we (not Facebook) may collect content or information from a Facebook user and such information may be used in the same manner specified in this Policy. You consent to our collection of such information.
We abide by Facebook’s Data Use Restrictions.
Any ad data collected, received or derived from our Facebook ads (“Facebook advertising data”) is only shared with someone acting on our behalf, such as our service provider. We are responsible for ensuring that our service providers protect any Facebook advertising data or any other information obtained from us, limit our use of all of that information, and keep it confidential and secure.
We do not use Facebook advertising data for any purpose (including retargeting, commingling data across multiple advertisers’ campaigns, or allowing piggybacking or redirecting with tags), except on an aggregate and anonymous basis (unless authorized by Facebook) and only to assess the performance and effectiveness of our Facebook advertising campaigns.
We do not use Facebook advertising data, including the targeting criteria for a Facebook ad, to build, append to, edit, influence, or augment user profiles, including profiles associated with any mobile device identifier or other unique identifier that identifies any particular user, browser, computer or device.
We do not transfer any Facebook advertising data (including anonymous, aggregate, or derived data) to any ad network, ad exchange, data broker or other advertising or monetization related service.
LINKS TO OTHER SITES
Our website contains links to other sites that are not owned or controlled by us. Please be aware that we are not responsible for the privacy practices of such other sites.
We encourage you to be aware when you leave our website and to read the privacy policies of each and every website that collects personal information.
This Policy applies only to information collected by our website.
We display personal testimonials of satisfied customers on our website in addition to other endorsements. With your consent, we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us at [email protected]
CHILDREN’S PRIVACY STATEMENT
This children’s privacy statement explains our practices with respect to the online collection and use of personal information from children under the age of thirteen, and provides important information regarding their rights under federal law with respect to such information.
This website is not directed to children under the age of thirteen and we do NOT knowingly collect personally identifiable information from children under the age of thirteen as part of the website. We screen users who wish to provide personal information in order to prevent users under the age of thirteen from providing such information. If we become aware that we have inadvertently received personally identifiable information from a user under the age of thirteen as part of the website, we will delete such information from our records. If we change our practices in the future, we will obtain prior, verifiable parental consent before collecting any personally identifiable information from children under the age of thirteen as part of the website.
Because we do not collect any personally identifiable information from children under the age of thirteen as part of the website, we also do NOT knowingly distribute such information to third parties.
We do NOT knowingly allow children under the age of thirteen to publicly post or otherwise distribute personally identifiable contact information through the website.
Because we do not collect any personally identifiable information from children under the age of thirteen as part of the website, we do NOT condition the participation of a child under thirteen in the website’s online activities on providing personally identifiable information.
FAIR INFORMATION PRACTICES
The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.
To comply with the Fair Information Practices Principles we will take the following responsive action, should a data breach occur:
We will notify you via email within 30 business days.
We also agree with the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.
We collect your email address in order to:
Send information and respond to inquiries
Process orders and to send information and updates pertaining to orders.
Market to our mailing list or continue to send emails to our clients after the original transaction has occurred.
To comply with CAN-SPAM, we agree to the following:
Not use false or misleading subjects or email addresses.
Identify the message as an advertisement in some reasonable way.
Include the physical address of our business or website headquarters.
Monitor third-party email marketing services for compliance, if one is used.
Honor opt-out/unsubscribe requests quickly.
Allow users to unsubscribe by using the link at the bottom of each email.
If at any time you would like to unsubscribe from receiving future emails, you can follow the instructions at the bottom of each email and we will promptly remove you from Select or ALL correspondence.
Additional Rights for EEA and Certain Other Territories:
If you are from certain territories (such as the EEA), you may have the right to exercise additional rights available to you under applicable laws, including:
Right of erasure: In certain circumstances, you may have a broader right to erasure of personal information that we hold about you – for example, if it is no longer necessary in relation to the purposes for which it was originally collected. Please note, however, that we may need to retain certain information for record keeping purposes, to complete transactions or to comply with our legal obligations.
Right to object to processing: You may have the right to request that we stop processing your personal information and/or to stop sending you marketing communications.
Right to restrict processing: You may have the right to request that we restrict processing of your personal information in certain circumstances (for example, where you believe that the personal information we hold about you is inaccurate or unlawfully held).
Right to data portability: In certain circumstances, you may have the right to be provided with your personal information in a structured, machine readable and commonly used format and to request that we transfer the personal information to another data controller without hindrance.
If you would like to exercise such rights, please contact us at [email protected] We will consider your request in accordance with applicable laws. To protect your privacy and security, we may take steps to verify your identity before complying with the request.
You also have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority. A list of contact details for the EU data protection authorities is available here.
LEGAL BASIS FOR PROCESSING (EEA ONLY):
If you are an individual from the European Economic Area (EEA), our legal basis for collecting and using the personal information will depend on the personal information concerned and the specific context in which we collect it. However, we will normally collect personal information from you only where: (a) we have your consent to do so, (b) where we need the personal information to perform a contract with you (e.g. to deliver the Services you have requested), or (c) where the processing is in our or a third party’s legitimate interests (and not overridden by your data protection interests or fundamental rights and freedoms). In some cases, we may also have a legal obligation to collect personal information from you, or may otherwise need the personal information to protect your vital interests or those of another person.
Where we rely on your consent to process the personal information, you have the right to withdraw or decline your consent at any time. Please note that this does not affect the lawfulness of the processing based on your consent before its withdrawal.
If we ask you to provide personal information to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not (as well as of the possible consequences if you do not provide your personal information). Similarly, if we collect and use your personal information in reliance on our (or a third party’s) legitimate interests which are not already described in this notice, we will make clear to you at the relevant time what those legitimate interests are.
If you have any questions about or need further information concerning the legal basis on which we collect and use your personal information, please contact us using the contact details provided below.
INTERNATIONAL TRANSFER OF INFORMATION COLLECTED
Coach’s Harbor, LLC. is a U.S.-based company. We primarily store personal information about our website visitors and Subscribers within the United States. To facilitate our global operations, we transfer and access such personal information from around the world, including from other countries in which Coach’s Harbor, LLC. has operations, for the purposes described in this Policy. We may also transfer your personal information to our third party subprocessors, who may be located in a different country than you. Such countries may have laws that are different, and potentially not as protective, as the laws of your own country.
Whenever Coach’s Harbor, LLC. transfers personal information originating in the European Economic Area (EEA) it will do so on the basis of the EU standard contractual clauses.
If you are visiting our website from the EEA or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your personal information to the United States and other jurisdictions in which we operate. By providing your personal information, you consent to any transfer and processing in accordance with this Policy.
NOTE TO CALIFORNIA RESIDENTS
If you live in the State of California, under the California Civil Code you have the right to request that companies who conduct business in California provide you with a list of all third parties to which the company has disclosed Personal Information during the preceding year for direct marketing purposes.
If you are a California resident and want to request information about how to exercise your third-party disclosure choices, you must send a request with a preference on how our response to your request should be sent (email or postal mail).
All requests sent via regular mail must be labeled “Your California Privacy Rights” on the envelope or post card and clearly stated on the actual request. For all requests, please include your name, street address, city, state, and zip code. Please include your zip code for our own recordkeeping.
We do not accept requests via telephone or by facsimile. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.
We may update this Policy to reflect changes to our information practices. If we make any material changes we will notify you by email (sent to the email address specified in your account) or by means of a notice on this website prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.
Any questions or concerns about this policy should be brought to our attention by sending an email to [email protected] and providing us with information relating to your concern.