Terms & Conditions

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Please read this Usage Agreement (“Policy”) carefully. This is a legal agreement between you (“End User”), and Patriot Woman Coaching, LLC, a Virginia limited liability company (“Company”), with a mailing address of 431 Crawford Street, Unit #915, Portsmouth, VA 23705. This Policy relates to End User’s use of the Company’s website located at patriotwomancoaching.com (the “Site”). 

End User agrees to the following:

1.  Registration with Site: Upon registration for a Patriot Woman Coaching client account, End User may receive a username and password to the Site. End User is responsible for maintaining the confidentiality of usernames and passwords and for restricting access to account credentials. End User accepts responsibility for all activities that occur under its usernames or passwords and such use shall be deemed to be used by End User. End User shall ensure that all use of its account fully complies with the Terms & Conditions and Privacy Policy contained herein.

2.  Ownership of Site and Materials: All title and intellectual property rights in and to the Service and the Site (including but not limited to any images, materials, data, software, photographs, animations, video, audio, music, and text on the Site) are owned by or licensed to the Company; provided, however, that End User shall own and retain ownership of all Submissions (defined below). End User agrees that no title to the Site or any part thereof is transferred to End User, and that all rights not expressly granted to End User hereunder are reserved by the Company. End User grants to the Company a non-exclusive, royalty-free, worldwide license to: (a) reproduce, distribute, publicly perform, publicly display, and digitally perform the Submissions in connection with the Site. All goodwill associated with the Marks shall inure to End User’s benefit.

3.  Submissions: A “Submission” is any material, text, picture, sound, graphic, video, or other data, as such materials may be modified from time to time, that End User uploads to the Site or provides to the Company to upload or otherwise incorporate into the Site.

a.  End User represents and warrants that any Submission or other information that the Company receives (for uploading to or incorporating in the Site or otherwise) or is posted or transmitted to the Site by End User: (a) shall not infringe upon the intellectual property rights of any third party or any rights of publicity or privacy; (b) shall not violate any law, statute, ordinance or regulation (including without limitation the laws and regulations governing unfair competition, privacy, anti-spamming and anti-discrimination or false advertising); (c) is not defamatory, libelous, unlawfully threatening or unlawfully harassing; (d) is not obscene, child pornographic or indecent; and (e) shall not contain any viruses, trojan horses, worms, time bombs, cancelbots or other computer programming routines that might damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

b.  End User has sole control over the content of any Submissions. The Company is only acting as a passive conduit for the online distribution and publication of Submissions. The Company may, from time to time, upload or otherwise incorporate, or assist with uploading or incorporating, a Submission to the Site, but such action shall not be deemed an endorsement or approval by the Company of the content of such Submission. The Company may remove any Submission from the Site that the Company deems, in its sole discretion, to be inappropriate, without prior notice to End User.

4.  License to Use: Subject to the terms and conditions contained herein, the Company hereby grants to End User a nonexclusive, nontransferable limited license, without right of sublicense, to use the Site and the Service as an individual solely for the purposes described herein and for no other purpose. The Site and the materials uploaded thereto are protected by both United States copyright law and international treaty provisions. Unauthorized copying of any materials on the Site is expressly forbidden. End User may not create or distribute copies of any materials available on the Site or as part of the Service to others, including but not limited to, End User’s consultants, affiliates, independent contractors or any other third party, without the Company’s prior written consent. End User may not modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Service or any materials available on the Site. End User may be held legally responsible for any copyright infringement that is caused or incurred by its failure to abide by the terms of this Policy. The Company retains ownership of and title to the Service and the Site (including but not limited to any images, photographs, animations, video, audio, music, text and “applets”, incorporated into the Site), materials posted on the Site and any copies thereof. End User agrees that no title to the Site, the Service or any materials uploaded thereto, or intellectual property in the Site, the Service or any materials uploaded thereto is transferred to End User and that all rights not expressly granted to End User hereunder are reserved by the Company. This Agreement is for a license of intellectual property, and not for the sale of goods (even if some tangible items may be provided) and not governed by the Uniform Commercial Code. IF END USER TRANSFERS POSSESSION OF ANY COPY OF THE SITE OR RELATED MATERIAL TO ANOTHER PARTY IN VIOLATION OF THIS AGREEMENT, THIS LICENSE IS AUTOMATICALLY TERMINATED.

5.  Acceptance of Terms of Use: By accessing the Site and using the Service, End User agrees to be bound by the Site’s Terms of Use, and all policies and guidelines incorporated by reference therein (including, but not limited to, the Company’s privacy policy), available at: patriotwomancoaching.com (the “Terms of Use”). Notwithstanding anything contained herein to the contrary, if End User does not agree to the Terms of Use, End User agrees to not access or use the Site or the Service.

6.  Technical Services and Support:

a.  By accessing and using the Site, End User accepts the Company’s Site and Service in its existing format and system architecture.

b.  The Company agrees to make reasonable efforts to ensure that the Site remains available at all times. However, server and network malfunctions do occur, and End User agrees that it will not seek to hold the Company liable for any such periodic service outages.

c.  The Company will provide technical support for use of the Site and the Service, available by emailing info@patriotwomancoaching.com. 

7.  Termination: This Policy shall continue in full force and effect from November 1, 2023, and unless or until modified by the Company.

8.  Disclaimer of Warranties: EXCEPT AS EXPRESSLY PROVIDED HEREIN, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, THE SITE and ANY MATERIALS ON THE SITE ARE EACH DELIVERED “AS IS” AND WITHOUT EXPRESS OR IMPLIED WARRANTY OF ANY KIND BY EITHER THE COMPANY OR ANY PARTY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF SUCH offerings, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, OR SUITABILITY OF ANY OF THE MATERIAL ON THE SITE OR OTHERWISE OFFERED AS PART OF THE SERVICE. THE COMPANY MAKES NO WARRANTY THAT THE SITE WILL BE AVAILABLE, UNINTERRUPTED, ERROR FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

9.  Limitation of Liability: UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE TO END USER ON ACCOUNT OF ANY CLAIM (WHETHER BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY, THE FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE) FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, OR FOR ANY DAMAGES OR SUMS PAID TO THIRD PARTIES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY’S TOTAL LIABILITY HEREUNDER WILL NOT EXCEED THE PROGRAM FEES PAID BY END USER TO THE COMPANY UNDER THIS PROGRAM FOR THE PRECEDING TWELVE (12) MONTH PERIOD.

10.  Indemnification: Each party agrees to indemnify, defend, and hold harmless the other from and against any liability (including reasonable attorneys’ fees) arising out of any claim made against them due to any breach of confidentiality or privacy, infringement of a third party’s intellectual property, publicity or privacy right or gross negligence or willful misconduct by the indemnifying party.

11.  Disclaimers of Company Liability: The Company and End User HEREBY agree that the Company shall not bear any liability, and the Company hereby expressly disclaims any such liability, for (i) the content of End User’s Submissions, INCLUDING, WITHOUT LIMITATION, ANY CONTENT THAT IS DEEMED TO BE DISCRIMINATORY, and (ii) any individual hired by End User through the Site or use of the Service.

12.  Payment: End User is responsible for making full and timely payment for use of the Service where applicable. End User shall pay all of the Company’s reasonable fees, costs and expenses (including reasonable attorney’s fees) if legal action is required to collect outstanding balances.

13.  Integration: The Policy, Terms of Use and any other applicable web site policies associated with the Site constitutes the entire agreement between the Company and End User relating to the Service and: (a) supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to its subject matter; and (b) prevails over any conflicting or additional terms of any quote, order, acknowledgement, or similar communication between parties during the term of usage. No modification to the Service will be binding, unless in writing and signed by a duly authorized representative of the parties.

14.  Miscellaneous: The waiver of any breach of usage by either party shall not constitute a continuing waiver or a waiver of any subsequent breach of usage. If any provision of the Policy shall be held invalid or unenforceable, the remainder will not be affected and each such term or provision shall continue to be valid, binding, and enforceable to the fullest extent permitted by law, except to the extent that such unenforceability may deprive a party of the benefits reasonably expected by that party as an inducement to enter into or to renew the Service. The Company shall not be in default by reason of any failure in performance of the Service if such failure arises, directly or indirectly, out of causes reasonably beyond the direct control or foreseeability of the Company, including but not limited to, acts of God or of the public enemy, U.S. or foreign governmental acts in either a sovereign or contractual capacity, labor, fire, flood, epidemic, restrictions, strikes, and/or freight embargoes.

BY ACCESSING AND USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU ALSO REPRESENT AND AGREE THAT (i) YOU ARE AT LEAST 18 YEARS OF AGE, (ii) END USER IS AN INDIVIDUAL SEEKING TO USE THE SITE AND THE SERVICES FOR THE PURPOSES DESCRIBED HEREIN, (iii) YOU CONSENT TO BE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS, YOU MUST NOT USE THE SERVICE. This Agreement is governed by the laws of the State of VIRGINIA, where any claims arising hereunder shall be litigated.