Terms of Use
Agreement between User and CoachSync
Welcome to CoachSync. The CoachSync Application (the “Application”) is operated by CoachSync, LLC (“CoachSync”). CoachSync is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of CoachSync constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.
The CoachSync application is a team management platform catered to individual athletes and all other contributors to their associated athletic programs, including but not limited to: the User, Teammates, Coaches, Entity Administration, Training staff, Parents, and Alumni.
Privacy
Your use of CoachSync is subject to CoachSync’s Privacy Policy. Please review our Privacy Policy, which also governs the platform and informs users of our data collection practices.
Electronic Communications
Visiting CoachSync or sending emails to or through CoachSync constitutes electronic communications. You hereby consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and through notifications on the platform, satisfy any legal requirement that such communications be in writing.
Your Account
By using this application, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you hereby agree to accept responsibility for all activities that occur under your account and password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that CoachSync is not responsible for third party access to your account that results from theft or misappropriation of your account. CoachSync and its affiliates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content based on our sole discretion.
Children under Thirteen
CoachSync does not knowingly collect, either online or offline, personal information from personas under the age of thirteen (13). If you are under the age of thirteen, you must receive express consent from your parent or guardian for permission to the application.
Links to Third Party Sites/Third Party Services
CoachSync may contain links to other websites and applications (“Linked Sites”). The Linked Sites are not under the control of CoachSync and CoachSync is not responsible for the contents of any Linked Site, including without limitations any linked contained in a Linked Site, or any changes or updates to a Linked Site. CoachSync is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by CoachSync of the linked site or any association with its operators.
Certain services made available via CoachSync are delivered by third party sites and organizations. By using any product, service or functionality originating from the CoachSync application, you hereby acknowledge and consent that CoachSync may share such information and data with any third party with whom CoachSync has a contractual relationship to provide the requested product, service, or functionality on behalf of CoachSync users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferrable, revocable license to access and use CoachSync and all its contents strictly in accordance with these Terms of Use. As a condition of your use of this Application, you warrant to CoachSync that you will not use the Application for any purpose that is unlawful or prohibited by these Terms. You may not use the application in any manner which could damage, disable, overburden, or impair the Application or interfere with any other party’s use and enjoyment of the Application. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Application.
All content included as part of the Service, such as text, graphics, logos, images, as well as compilation thereof, and any software used on the application, is the property of CoachSync or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on or provided by the Application. CoachSync content is not for resale. Your use of the Application does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You agree to use protected content solely for your personal use and will make no other use of the content without the express written permission of CoachSync. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of CoachSync or our licensors except as expressly authorized by these Terms.
Use of Communication Services
The Application may contain bulletin board services, chat areas, new groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You hereby agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, incident, or unlawful topic, name, material, or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, malware, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes, or chain letters; download any file posted by another user of Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict of inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about other, including email addresses, without their express written consent; violate any applicable laws or regulations.
CoachSync has no obligation to monitor the Communication Services. However, CoachSync reserves the right to review material posted to a Communication Service and to remove any materials at its sole discretion. CoachSync reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
CoachSync reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in CoachSync’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. CoachSync does not control or endorse the content, messages or information found in any Communication Service and, therefore, CoachSync specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized CoachSync spokespersons, and their views do not necessarily reflect those of CoachSync.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to CoachSync
CoachSync does not claim ownership of materials you provide to CoachSync (including feedback and suggestions) or post, upload, input, or submit to any portion of the CoachSync platform or our associated Services (collectively, “Submissions”). However, by posting, uploading, inputting, providing or submitting your submission, you are granting CoachSync, our affiliated companies and necessary sublicensees permission to use your submission in connection with the operating of their digital platform or business including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. CoachSync is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in CoachSync’s sole discretion.
By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submission.
Third Party Accounts
You will be able to connect your CoachSync account to third party accounts. By connecting your CoachSync account to your third party account, you acknowledge and agree that you hare consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
International Users
The Service is controlled, operated, and administered by CoachSync, LLC from our offices within the United States of America. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the CoachSync content accessed through the Application in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
Indemnification
You agree to indemnify, defend, and hold harmless CoachSync, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Application or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulation. CoachSync reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with CoachSync in asserting any available defenses.
Arbitration
In the event the parties re not able to resolve any dispute between them arising out of or concerning these Terms of Use, or any provisions hereof, whether in contract, tort, or otherwise at law or I equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Associate, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgement may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms of Use, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms of Use or any disputes arising as a result of these Terms of Use, whether directly or indirectly, including Tort claims that are a result of these Terms of Use. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Term of Use.
Class Action Waiver
Any arbitration under these Terms of Use will take place on an individual basis; class arbitration and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and CoachSync agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE APPLICATION MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. COACHSYNC, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE APPLICATION AT ANY TIME.
COACHSYNC, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATION ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE APPLICATION FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. COACHSYNC, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COACHSYNC, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE APPLICATION, WITH THE DELAY OR INABILITY TO USE THE APPLICATION OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE APPLICATION, OR OTHERWISE ARISING OF THE USE OF THE APPLICATION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF COACHSYNC, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE APPLICATION, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APPLICATION.
Termination/Access Restriction
CoachSync reserves the right, in its sole discretion, to terminate your access to the Application and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the Commonwealth of Massachusetts, and you hereby consent to the exclusive jurisdiction and venue of courts in Massachusetts in all disputes arising out of or related to the use of the Application. Use of the Application is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship between you and CoachSync as a result of this agreement or use of this Application. CoachSync’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of CoachSync’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Application or information provided to or gathered by CoachSync with respect to such use. If any part of this agreement is determined invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provisions will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between user and CoachSync with respect to the Application and it supersedes all prior or contemporaneous communication and proposals, whether electronic, oral, or written between the user and CoachSync with respect to the Application. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to this Statement
CoachSync reserves the right, in its sole discretion, to change the Terms under which CoachSync is offered. The most current version of the Terms will supersede all previous versions. CoachSync encourages you to periodically review the Terms to stay informed of our updates.
Contact Information
CoachSync welcomes your questions or comments regarding the Terms:
CoachSync, LLC
65 Hillside Ave Arlington, Massachusetts 02145
Email Address:
Telephone number:
This Privacy Policy of CoachSync, LLC, a Massachusetts Limited Liability Company with a principal address at 65 Hillside Ave, Arlington, MA 02476, is hereby effective as of this 1st day of December, 2023.
