Proprietary Rights and Use of the Site
All content ("Content") contained on or accessed from the Site is the property of X-Ray Coach or is licensed to X-Ray Coach and is protected by copyright and other intellectual property laws. Licensee shall honor all reasonable requests by X-Ray Coach to protect products or its licensor's proprietary interests in the content. All proprietary rights in the Content, including all products and software contained therein are and shall remain the property of X-Ray Coach and its third-party licensors. Licensee expressly acknowledges that the Content is compiled, prepared, revised, selected and arranged by X-Ray Coach and its third-party licensors through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money, and that the Content constitutes valuable intellectual property of X-Ray Coach and its third-party licensors. Licensee agrees to protect the copyrights, trade secrets, and other proprietary rights of X-Ray Coach and its licensors in the Content, including, but not limited to, any contractual, statutory, and common law rights, and to limit the use of and access to the Site and Content only to those uses and accesses expressly permitted herein.
Licensee shall not use or access the Site or Content for the benefit of third parties or knowingly permit third parties to use or access the Site or Content.
Licensee may not use the Site or Content for commercial purposes, including but not limited to the sale of materials from the Content, access to the Site or bulk reproduction or distribution of the Content. Licensee shall not forward or disseminate any portion of the Content through electronic means, including without limitation mail lists or electronic bulletin boards. You may not knowingly permit anyone third party to use or access the Content or the Site. You agree not to restrict or inhibit any other licensee's access to, or use of, the Site.
Licensee may not to resell use of or access to the Service. Licensee agrees not to reverse engineer, decompile, disassemble or otherwise attempt to discern the source code of any components of the Site or any software in the Site or Content, or otherwise attempt to derive the source code of such software. Licensee agrees not to use the Site or Content for any unlawful purpose.
Licensee may not co-brand or authorize any party to co-brand any of the Content pages. For purposes of this agreement, the terms "co-brand" or "co-branding" mean to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner reasonably likely to give the impression that such other party has the right to display, publish, or distribute the Content.
Licensee may not engage in systematic retrieval of Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without prior written permission from X-Ray Coach. Licensee may not use any robots, spiders, crawlers or other automated downloading programs or devices, including without limitation, to: (i) continuously and automatically search or index any Content; (ii) harvest personal information from the Site; or (iii) cause disruption to the operation of the Site. X-Ray Coach reserves the right to terminate the Licensee's subscription or access to the Site at any time if the Licensee downloads or prints out a substantial portion of Content.
Additional Terms and Conditions
Licensee grants to X-Ray Coach the perpetual, non-exclusive right to use all material entered into the Site by the Licensee (other than third-party material transmitted through private electronic mail) (collectively, "Other Content").
Licensees entering Other Content into the Site are responsible for the content of that material. X-Ray Coach and other suppliers have any responsibility for Other Content, including the content of any messages or information posted by Licensees or others, or for the content of information accessible via direct or indirect hyperlinks from the Site. However, X-Ray Coach retains the right, which it may or may not exercise in its sole discretion, to review, edit, or delete Other Content that X-Ray Coach deems to be illegal, offensive, or otherwise inappropriate.
Licensee may not input or distribute any material through the Site that is promotional in nature, including solicitations for funds or business, without the prior written authorization of X-Ray Coach.
No Warranties/Limitations on Liability
The site and all materials contained therein are provided on an "AS IS" and "AS AVAILABLE" basis. Neither X-Ray Coach nor its LICENSORS make any guarantees or warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose, warranties, regarding the content or as to its accuracy, completeness or currentness, or any results to be obtained from accessing and using the site, or any material that can be accessed (via a direct or indirect hyperlink or otherwise) through the site or for non-infringement of third party rights. All warranties of any kind, whether express or implied, are disclaimed. Licensee understands and agrees that any material or data obtained through use of the site is at licensee's own discretion and risk and that licensee will be solely responsible for any resulting damage to licensee computer system or loss of data or for any use of the content. Neither X-Ray Coach nor its LICENSORS shall be liable to the licensee or to anyone else for any inaccuracy, delay, error or omission, regardless of cause, in connection with the content or for any damages resulting therefrom.
Except to the extent prohibited by applicable law, in no event will X-Ray Coach or its LICENSORS or SUPPLIERS be liable for any direct, indirect, special, punitive or consequential damages, including but not limited to, lost time, lost money, lost profits or good will, whether in contract, tort, strict liability or otherwise, and whether or not such damages are foreseen or unforeseen with respect to any use of site and in no event shall the liability of X-Ray Coach or its LICENSORS for whatever cause exceed a sum equal to the fees paid by you for use of the site during the previous twelve (12) months, even if advised of the possibility of such damages.
Username and Password
Certain individual Licensees may be required to select a username and password as part of the registration process in order to access the Site. Licensee will keep such username and password confidential, and must promptly notify X-Ray Coach closure or unauthorized use of such username and password.
Export and Compliance
Licensee may not download or otherwise export or re-export any underlying Software, technology or other information from the Service except in full compliance with all U.S. and other applicable laws and regulations. In particular, but without limitation, none of the underlying information or technology may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country to which the U.S. has embargoed goods unless otherwise permitted by law, or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's or State Department's Table of Denial Orders. You agree to comply with all applicable local, state, national and international laws, statutes, ordinances and regulations that apply to your use of the Site and its Content, products and services. You represent and warrant that you are not listed on any US. Government list of prohibited or restricted parties. Licensee agrees to indemnify, defend and hold harmless X-Ray Coach and its licensors against any and all liability arising from or relating to Licensee's breach of this section.
X-Ray Coach may provide, or third parties may provide, links to other third party websites or online resources. X-Ray Coach does not endorse and is not responsible for any data, software or other content available from such sites or resources and Licensee acknowledges and agrees that neither X-Ray Coach nor its licensors shall be liable, directly or indirectly, for any damage or loss relating to Licensee use of or reliance on such data, software or other third party content.
Revisions to License and Termination
X-Ray Coach may discontinue or change the Site, or its availability to Licensee, at any time. If Licensee refuses or fails to abide by these rules or violates any other terms or conditions of this license, X-Ray Coach reserves the right in its sole discretion to suspend or terminate Licensee access to the Site immediately without notice, in addition to any other available remedies.
Fees and Payments
The applicable subscription fee for Licensee selected service or product on the Site must be fully paid before Licensee will be provided access to the applicable service or product.
Licensee agrees to pay all fees and charges incurred in connection with Licensee's username and password, including applicable taxes and communications or access charges, at the rates in effect when the charges were incurred. Fees and charges are non-refundable. X-Ray Coach subscriptions or other products may change subscription rates in the normal course of business. In that case, Licensee will be notified of the new rates posted on the website. Except as otherwise agreed, all charges incurred in connection with Licensee's account will be billed to the credit card Licensee designates during the registration process, if applicable.
The failure of X-Ray Coach to insist upon strict compliance with any term of this license shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision. This agreement is personal to Licensee, and Licensee shall not assign Licensee's rights or obligations to anyone. If any provision in this agreement is invalid or unenforceable under applicable laws, the remaining provisions will continue in full force and effect. This agreement, Licensee's rights and obligations, and all actions contemplated by this agreement shall be governed by the laws of the United States and Georgia State, as if the agreement were a contract wholly entered into and performed within Georgia State.