Welcome to The Children’s Coach Website! The Website is owned and operated by The Children’s Coach, LLC. (“TCC“, “us” or “we“).
If you are under 18, you may use the Website only with the involvement of a parent or guardian. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Restrictions on Use/ Limited License – All content contained on the Website (collectively, “Content“), such as text, graphics, logos, icons, images, audio and video, digital downloads, data compilations, and software, is our property or the property of our licensors or licensees, and the compilation of the Content on the Website is our exclusive property, protected by United States and international copyright laws. All software used on the Website is our property or the property of our software suppliers and protected by United States and international copyright laws, treaties and conventions.
Any trademarks, service marks, graphics, logos, page headers, icons, scripts and trade names (each, a “Mark“) contained on the Website are proprietary to us or our licensors or licensees. Our Marks may not be used in connection with any product or service that is not ours in any manner that is likely to cause confusion among users or that disparages or discredits us or anyone else. All other Marks not owned by us that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
We grant you a limited license to access and make personal use of the Website. No Content of the Website or any other Internet site owned, operated, licensed, or controlled by us may be copied, reproduced, republished, downloaded (other than page caching), uploaded, posted, transmitted or distributed in any way, or sold, resold, visited, or otherwise exploited for any commercial purpose, except that you may download one (1) copy of the Content that we make available to you for such purposes on a single computer for your personal, noncommercial, home use only, provided that you: (a) keep intact all copyright, trademark and other proprietary rights notices; (b) do not modify any of the Content; (c) do not use any Content in a manner that suggests an association with any of our products, services or brands; and (d) do not download Content so as to avoid future downloads from the Website. Your use of Content on any other website or computer environment is strictly prohibited.
The license granted to you does not include, and specifically excludes, any rights to: resell or make any commercial use of the Website or any Content; collect and use any product listings, descriptions, or prices; make any derivative use of the Website or Content; download or copy account information for the benefit of anyone else; or use any form of data mining, robots, or similar data gathering and extraction tools. You may not frame, or utilize framing techniques to enclose, any Mark, Content or other proprietary information, or use any meta tags or any other “hidden text” utilizing any such intellectual property, without our and each applicable owner’s express written consent. Any unauthorized use automatically terminates the license granted to you hereunder. You are granted a limited, revocable, and non-exclusive right to create a hyperlink only to our home page provided that the link does not portray us or our licensors or licensees, or their respective products or services, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of our or any such party’s intellectual property as part of the link without our and each such party’s express written consent.
Password and User ID – TCC will assign a password and account ID to you so you can access and use certain areas of the Website. Each user who uses such assigned password and ID shall be deemed to be authorized by you to access and use the Website, and we shall have no obligation to investigate the authorization or source of any such access or use. YOU ACKNOWLEDGE AND AGREE THAT AS BETWEEN YOU AND TCC, YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE WEBSITE BY ANYONE USING THE PASSWORD AND ID ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THE WEBSITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING FINANCIAL OBLIGATIONS FOR PURCHASES THROUGH THE WEBSITE) THAT MAY RESULT FROM SUCH ACCESS OR USE.
You are solely responsible for protecting the security and confidentiality of the password and ID assigned to you. You shall immediately notify TCC of any unauthorized use of the assigned password or ID, or any other breach or threatened breach of the Website’s security of which you are aware. You will be responsible for any activity conducted under your assigned password or ID.
System Requirements – Use of the certain areas of the Website requires Internet access, audio manager software or other software allowing the downloading and storing of audio and audio-visual files in MP3 or other digital format (the “Software“), and, for certain downloadable content, a compatible player device (the “Device“). TCC may, at any time and from time to time, in its sole discretion, modify, revise, or otherwise change the system requirements for the Website and the format of any downloadable content, in whole or in part, without notice or liability to you.
Internet access, use of the Software, or use of a Device may result in fees in addition to any fees incurred on the Website. Software and Devices may require you to obtain updates or upgrades from time to time. Your ability to use the Website may be affected by the performance of the Software, the Device, or your Internet connection. You acknowledge and agree that it is your sole responsibility to comply with the system requirements of your Software and Device, as in effect from time to time, and to maintain, update, and upgrade your Software and Devices, including the payment of all Internet access, Software, and Device fees without recourse to TCC.
Submissions – You may post reviews, comments, photographs, recipes, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, so long as none of these materials are illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties or objectionable and do not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate anyone, or otherwise mislead as to the origin of any content. We reserve the right (but not the obligation) to remove or edit any content. We do not regularly review all posted content.
Please do not send us any material that you do not intend to be subject to the User-Generated Content License described in this paragraph. All content described in the immediately preceding paragraph and any and all other information, content or materials that you post or send to us hereinafter collectively is referred to as “User-Generated Content.” If you post or send any User-Generated Content to us, intentionally or unintentionally, we (and such others as we may designate from time to time) shall have the unrestricted rights to the use thereof for any and all purposes whatsoever, commercial or otherwise, without any further permission from, or any payment to, you or anyone else. We and our designees also shall have the right (but no obligation) to use the name that you submit, as well as any other name by which you are or may be known, in connection with User-Generated Content. Without limiting the generality of the foregoing, you hereby unconditionally grant to us a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable universal license to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, download, edit, alter, modify, adapt, translate, create derivative works based upon and publicly perform User-Generated Content, in whole or in part, by all means and in all media now known or hereafter devised for any and all purposes without further notice to you and with or without attribution (the “User-Generated Content License“). You agree to the User-Generated Content License whether or not your User-Generated Content is used by us.
You agree that User-Generated Content will not be subject to any expectation of trust or confidence between us and that no confidential or fiduciary relationship is intended or created between you and us. To the extent that any so-called “moral rights,” “neighboring rights” or similar or analogous rights apply to any User-Generated Content and which are not exclusively owned by us, you agree not to enforce or assign, or permit any third party to enforce or assign, any such rights.
Each time that you access the Website, or post or submit User-Generated Content, you agree that the User-Generated Content License is ratified and confirmed with respect to such User-Generated Content and all User-Generated Content previously posted or submitted by you.
All content on this website is provided “AS IS”. There is no warranty of any kind, expressed or implied. To the fullest extent permitted by the law, we disclaim any and all warranties, expressed or implied. This includes merchantability, fitness for any purpose and non-infringement. We do not warrant the function of any content. We do not warrant that any content will be uninterrupted or error free. There is no warranty that servers are free of viruses and you assume all cost of servicing and repair of any of your equipment or software. We make no warranty related to the results of use of any content, product or service contained on or offered on any other website linked to TCC’s website.
We can’t be sure that you will be happy or satisfied with products or services purchased from third party websites that link to or from this website. We do not endorse any of the products and have not confirmed the accuracy of any information provided by third party websites. You hereby waive any claims against us with respect to information, content, and security of third party websites. We encourage you to investigate any third party websites before proceeding with any online or offline transactions.
Liability Limitation – We will not be liable to you or anyone else under any circumstance (including negligence) whether direct, indirect, incidental, special or consequential damages (including lost profits), personal injury (including death) or property damage of any kind.
We will not be liable for any delay or failure in performance.
Copyright Complaints – We respect the intellectual property rights of others. If you believe that your work has been copied on the Website in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
The Children’s Coach, LLC
Lawrenceville, GA 30046
Any dispute relating in any way to your visit to the Website or to products you purchase through the Website shall be submitted to confidential binding arbitration in Douglas County, Nebraska, United States of America, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in Douglas County, Nebraska, United States of America, and you consent to exclusive jurisdiction and venue in such courts.
Communications – When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Other –We may discontinue the Website at any time and for any reason, without notice. We may change the contents, operation, or features of the Website at any time for any reason, without notice.
Copyright Infringement – If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Website;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, under penalty of perjury, that the foregoing information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
TCC’s Copyright Agent for notice of claims of copyright infringement on the Website can be reached as follows:
The Children’s Coach
Lawrenceville, GA 30046
We will never disclose your personal information to any third party without your consent, except in limited circumstances to our affiliates or business partners with whom we have established agreements that also protect your privacy.
Here’s a description of how we collect and use information from you in our efforts to provide the best quality user experience:
IP Address – Your IP or “Internet Protocol” address and other site usage data is used to gather broad demographic information. This data helps us serve you by allowing us to understand how visitors use our web sites.
Email Services – If you take advantage of any email notification features on our sites, you will receive email updates as described in the service. The Children’s Coach website provides users the opportunity to opt-out of receiving communications from us. Users can remove their personal information from the database of a particular site by sending a request by email to email@example.com and typing “unsubscribe” in the subject line along with any pertinent information in the body.
Order Forms – Our site uses forms for you to request information, products and services. Where appropriate, we collect financial information to bill you for the products and services you indicate. (See “Your Security” below for more on how we safeguard your financial information and personal information.)
Contests and Surveys – Online, we may also survey visitors for contact information, unique identifiers and demographic information. You are never required to answer these questions. The information you submit may be used for analyzing overall site demographics, user preferences and tastes, and similar “getting to know our customers” purposes.
When you enter a contest, we will require that you submit a limited amount of personally identifiable data such as contact information. We may also ask you questions related to your preferences and age or background. We will designate which questions are required to be answered in order to enter the contest. The information you submit may be used to analyze site demographics and user preferences, and for similar purposes.
Your Security – The Children’s Coach has taken the following important measures to protect against loss, misuse or alteration of your personal information. Number one, we store no financial information on our sites. When we do transmit your data, we use only Secure Servers using current encryption technology to encode your data safely.
The personal data we do store on our system is protected by firewall and password. Our network firewall is a combination of hardware and software designed to keep unauthorized users from accessing our network. The password you select, along with your unique email address, prevents others from accessing your information. We suggest that you do not disclose your password to anyone.
Visitors Outside the United States – Our Website and the servers that make this Website available worldwide are located in the United States. The Internet laws in the United States govern all matters relating to this Website. Any information you provide in subscribing to our Website or registering or ordering at our Website will be transferred to the United States. By visiting our Website and submitting information, you authorize this transfer, processing and use.
Outside Links -While on The Children’s Coach website, you may be led to other web sites. Be aware that other sites may collect data and personal information and operate according to their own privacy practices. Please remember that, once outside of our website, any information you submit is outside of our control.
Disclosure – Occasionally, we hire consultants that may need access to our member database to perform their services for us. We take great care to require that these business partners agree by contract not to use any member information that they may receive access to.
The Children’s Coach may contract with outside companies to administer our mailing lists or provide retail services. Your personal information may be shared with an outside company for the sole purpose of administering the products, services and programs you have selected.
The Children’s Coach may disclose your personally identifiable information if required to do so by law or in the good-faith belief that such action is necessary to (1) conform to the requirements of the law or comply with governmental orders, court orders, or legal process served on The Children’ Coach; (2) protect and defend the property or rights of The Children’s Coach and its affiliates or the users of www.the-childrens-coach.com
This website does not provide medical advice.
Information on this web site is provided for informational purposes only and is not intended as a substitute for the advice provided by your physician or other healthcare professional or any information contained on or in any product label or packaging. You should not use the information on this web site for diagnosing or treating a health problem or disease, or prescribing any medication or other treatment. It is your responsibility to speak with your physician or other healthcare professional before taking any medication, nutritional, herbal or homeopathic supplement, or adopting any treatment for a health problem. For any products or services purchased from this web site, you should read carefully all product packaging and instructions. If you have or suspect that you have a medical problem, promptly contact your health care provider. Never disregard professional medical advice or delay in seeking professional advice because of something you have read on this web site. Information provided on this web site and the use of any products or services purchased from our web site or affiliated sites by you DOES NOT create a doctor-patient relationship between you and any of the medical professionals affiliated with our web site. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.
Everyone is different, not all products or services are suited for everyone. The creators of any products or services will not have any liability to users for injury or loss in connection therewith. TCC makes no representation or warranty and disclaim all liability concerning any treatment or any action that is taken following the information provided within or through the website. If you have any concerns, you should consult with your own physician or a trained specialist. DO NOT disregard your doctor’s advice because of any information offered or provided within or through the website.
Weight loss or health modifications can create injury. TCC urges you to first obtain a physical examination and approval from your physician. You agree that by using any of TCC products or services, you do this entirely at your own risk. Any recommendation for changes in diet including the use of food supplementation or weight reduction products are your responsibility and entirely at your own risk. You agree that you are voluntarily purchasing products or services. You assume all risks of injury, illness or death.
You should not use the information contained herein for diagnosing or treating a health problem or disease, or prescribing any medication. You should read carefully all product packaging. If you have or suspect that you have a medical problem, promptly contact your health care provider. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.
YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS “WAIVER AND RELEASE”.
YOU ACKNOWLEDGE THAT YOU FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. YOU EXPRESSLY AGREE TO RELEASE AND DISCHARGE ALL INDEMNIFIED PARTIES (AS DEFINED BELOW) FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND YOU AGREE TO VOLUNTARILY GIVE UP AND IRREVOCABLY WAIVE AND RELEASE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST ANY INDEMNIFIED PARTY FOR PERSONAL INJURY OR PROPERTY DAMAGE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.