Terms and Conditions
We do our best to keep ProCompares 'My Coach' safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:
You will not send or otherwise post unauthorized commercial communications (such as spam) on ProCompares 'My Coach'.
You will not collect users' content or information, or otherwise access ProCompares 'My Coach', using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on ProCompares 'My Coach'.
You will not upload viruses or other malicious code.
You will not solicit login information or access an account belonging to someone else.
You will not bully, intimidate, or harass any user.
You will not post content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence.
You will not develop or operate a third party application containing, or advertise or otherwise market alcohol-related or other mature content without appropriate age-based restrictions.
You will not offer any contest, giveaway, or sweepstakes ("promotion") on ProCompares 'My Coach' without our prior written consent.
You will not use ProCompares 'My Coach' to do anything unlawful, misleading, malicious, or discriminatory.
You will not do anything that could disable, overburden, or impair the proper working of ProCompares 'My Coach', such as a denial of service attack.
You will not facilitate or encourage any violations of this Statement.
Registration and Account Security
ProCompare users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
You will not provide any false personal information on ProCompares 'My Coach', or create an account for anyone other than yourself without permission.
You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser).
You will only use ProCompares 'My Coach' if you are a tennis coach or have a related job.
You will not use ProCompares 'My Coach' if you are a convicted sex offender.
You will keep your contact information accurate and up-to-date.
You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
You will not transfer your account to anyone without first getting our written permission.
If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.
You will not post content or take any action on ProCompares 'My Coach' that infringes or violates someone else's rights or otherwise violates the law.
We can remove any content or information you post on ProCompares 'My Coach' if we believe that it violates this Statement.
If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
You will not use our copyrights or trademarks (including 'My Coach'), or any confusingly similar marks, without our written permission.
You will not post anyone's identification documents or sensitive financial information on ProCompares 'My Coach'.
If you violate the letter or spirit of this Statement, or otherwise create possible legal exposure for us, we can stop providing all or part of ProCompares 'My Coach' to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time.
WE TRY TO KEEP ProCompares 'My Coach' UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING ProCompares 'My Coach' "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT ProCompares 'My Coach' WILL BE SAFE OR SECURE. ProCompares 'My Coach' IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE '1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR ProCompares 'My Coach', EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR ProCompares 'My Coach' WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, ProCompares LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Special Provisions Applicable to Users Outside the United States
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users outside the United States:
You consent to having your personal data transferred to and processed in the United States.
If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on Procompares 'My Coach' (such as advertising or payments) or operate a Platform application or website.
By "ProCompares 'My Coach'" we mean the features and services we make available, including through (a) our website at www.procomparetennis.net and any other ProCompare branded or co-branded websites (including sub-domains and (b) our 'My Coach' website facility.
By "us," "we" and "our" we mean ProCompare Ltd.
By "information" we mean facts and other information about you, including actions you take.
By "content" we mean anything you post on ProCompares 'My Coach' that would not be included in the definition of "information."
By "data" we mean content and information that third parties can retrieve from Procompares 'My Coach' or provide to ProCompares 'My Coach'.
By "post" we mean post on ProCompares 'My Coach' or otherwise make available to us (such as by using an application).
By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
By "active registered user" we mean a user who has logged into ProCompare at least once in the previous 30 days.
This Statement makes up the entire agreement between the parties regarding Procompare Ltd, and supersedes any prior agreements.
If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
If we fail to enforce any of this Statement, it will not be considered a waiver.
Any amendment to or waiver of this Statement must be made in writing and signed by us.
You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
Nothing in this Statement shall prevent us from complying with the law.
This Statement does not confer any third party beneficiary rights.