MYT.COACH TERMS OF USE

Welcome to MyT.coach, a uniqueservice that allows you to connect with career coaches from different domains of expertise to allow you to grow professionally and develop new skills to achieve your work life objectives (the “Services”).These Terms of Use (“Terms”) affect your legal rights, so please read them carefully. By accessing or using the websites or mobile applications (collectively, the “Sites”) provided by ROCS Global, Inc.(“MyT.coach”, “we,” “us” or “our”), you acknowledge that you have read, understood, and agreed to be bound by these Terms and all of the terms incorporated herein by reference. The Sites and Services are collectively referred to herein as the “Services”.

These Terms do not alter in any way the terms or conditions of any other agreement you may have with us in respect to any products, services or otherwise. If you are using the Sites on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to be responsible to us if you or such entity violates these Terms.

MyT.coach reserves the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Sites, or updating the “Last Updated” date at the beginning of these Terms. By continuing to access or use the Sites or order, receive, or use Services, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Sites or order, receive, or use the Services.

Your agreement to these Terms also constitutes your agreement to the the Privacy Policy, which is incorporated herein.

1. Description of Services

Our Services are focused on your need for professional growth and are described in detail on our Sitesat www.MyT.coach.

2. License Terms

You acknowledge and agree that your license does not grant you any ownership interest in the Services or any exclusive rights to their use, and that these Terms do not grant you any claims to patents, trade secrets, trademarks or other rights pertaining to the Services. You further agree and acknowledge that the Services and all materials accompanying them are proprietary, confidential, and trade secrets of MyT.coach, and that you will undertake all necessary steps and efforts to prevent unlawful or illegal distribution of such proprietary, confidential and trade secret information.

You are prohibited from copying, reproducing, changing, reverse-engineering, de-compiling, disassembling, translating, making derivative works, enhancements, extensions, or add-ons, or modify, adapt, or otherwise alter any portion of the Services. You are not permitted to resell or otherwise use the Services for commercial purposes. Any attempt to do so is a violation of the rights of MyT.coachand its licensors. If you breach these restrictions, you may be subject to prosecution and damages.

3. Eligibility

The Services are not targeted toward, or intended for use by, anyone under the age of 18. By using the Services, you represent and warrant that you (a) are 18 years of age or older, (b) have not been previously suspended or removed from the Services, or engaged in any activity that could result in suspension or removal from the Services, (d) do not have more than one MyT.coach account, and (d) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party.

We reserve the right to revoke your ability to access the Services for any reason at any time including as a result of a violation of these Terms or the Privacy Policy, without notice.

As part of our Order processing procedures, we may screen received Orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized, or illegal activity, we may reject your Order or we may contact you at the phone number or email address you provided to confirm your Order. We also reserve the right to cancel any of your accounts and cancel previously sold Services due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.

4. Registration, Passwords, and Communication Preferences

You may browse our Sites and view a very limited amount of our content without registering, but as a condition to accessing all our content and Services, you will be required to register and provide specific information.

All information about you must be truthful, accurate and complete, and you may not use any aliases or other means to mask your true identity, a name or trademark that is subject to any rights of another person or entity without receiving appropriate authorization, or a name that is offensive, vulgar, or obscene. Failure to do so constitutes a breach of these Terms, which may result in immediate termination of your account. You agree to maintain and promptly update from time to time as necessary your account information.

Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use under such access codes or passwords.

We may suspend or terminate your access at any time with or without notice. To understand how we use information collected from you, please read our Privacy Policy.

By registering with MyT.coach, you also consent to receive electronic communications from us (e.g., via email or text). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.

5. Subscription Terms; Payment

• Subscription Terms

You may purchase a six (6) month membership subscription (“Silver Subscription”) or a twelve (12) month subscription (“Gold Subscription”) and receive a designated number of credits per subscription purchased to participate in selected Services. Some Services may require additional payment beyond the credits, when they are made available to the public, and in those cases, subscriber discounts or advance registration benefits may also apply.As a subscriber, you will have access to full articles, videos, and other resources through the subscriber resources portal on the Services. There will be a periodic newsletter sent to subscribers (profile with and without membership), that can be opted in/out.

By purchasing a subscription, you expressly acknowledge and agree that (a) MyT.coach(or our third-party payment processor) is authorized to automatically charge your payment method for access to our Services; and (b) your subscription is continuous until the end of your term length (6 or12 months) or until we suspend or stop providing access to the Servicesin accordance with these Terms.

Following the expiration of your subscription, it will automatically renew for successive 6- or 12-month terms, depending on the type of subscription purchased, unless terminated earlier as set forth herein. If you elect not to renew your subscription, you must provide notice of that intention to us at least thirty (30) days before the renewal date.

We reserve the right to adjust subscription prices or add fees as we may determine in our sole discretion, at any time and without notice; provided, however, that if we change the amounts or other charges associated with your subscription, we will provide advance notice of such changes. We will not, however, be able to notify you of changes in any applicable taxes.

You may cancel your subscription at any time, however, all subscription fees are non-refundable

• Payment and Billing Information

By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your subscription or other purchase, including any applicable taxes and other charges, (collectively, as applicable, an “Order”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your Order. In the event you want to change or update payment information associated with your account, you can do so at any time by logging into your account and editing your payment information.

If any fee is not paid in a timely manner, or we are unable to process your transaction using the payment information provided, we reserve the right to suspend or revoke access to your account. We may add new fees and charges from time to time. If you want to use a different payment method or if there is a change in payment card validity or expiration date, you may edit your information by accessing your account page. It is your responsibility to keep your contact information and payment information current and updated.

Charges are processed immediately during checkout in accordance with the details displayed to you during the checkout process.

We utilize a designated third-party payment platform to process payment card transactions for your subscriptions and purchase. We are not liable for any loss or damage from errant or invalid transactions processed through the third-party payment platform.

We reserve the right to refuse or cancel any Orders placed for Services listed at an incorrect price, or containing any other incorrect information or typographical errors, whether or not the Order has been confirmed and whether or not your credit card has been charged.

•  Services Availability

All of our Servicesare subject to availability.The specific Services provided are the responsibility of the coach to whom you are assigned (“Coach”). While we will use commercially reasonable efforts to maximize Services availability, there could be situations beyond our control when the Servicesare cancelled by a Coach even after you have purchased such Services. In such event, we will refund the full price of the cancelled Services to you but will not be liable for any losses or inconvenience due to that cancellation. We reserve the right to discontinue offering certain Services without prior notice.

While we strive to ensure high quality Services, any non-delivery ofServices (e.g.,Coach does not participate as promised, or offer the promised guidance) should be reported to us promptly at coaching@MyT.coach.  In no event will we be liable for any loss, damage, or harm arising from a Coach’s non-delivery of Services.

•  Taxes

We will collect applicable sales tax on Servicesto those states or countries for which we determine we have a duty to collect sales tax.

•  No Resale

You are not permitted to resell or otherwise use the Services for commercial purposes.

6. Services Information

 Excluding any Content which may be submitted by end users from time to time, we strive to ensure that the information on the Services is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies which we may correct without liability. We also reserve the right to revise, suspend, or terminate an event or promotion at any time without notice (including after an Order has been submitted and/or acknowledged).

See your Privacy Policy for other restrictions and obligations.

7. Content

 We allow you to upload content on the Services, including comments, messages, and testimonies (“Content”). Please read this section carefully before posting, uploading, or otherwise making available any Content on the Services.

You may share your Content with other users via text/group (float) chat. You will also have the ability to share Content with other members that has been shared with you from other members as users of the Service. It must be emphasized that we cannot prevent other users from taking screen shots or captures or from downloading your Content and subsequently making your Content publicly available. We and other users may retain and continue to use, host, display, store, cache, reproduce, publish, transmit, modify, re-format, re-arrange, distribute, and create derivative works of any of your Content that you have posted to the Services. If the potential for public dissemination of your Content concerns you, please do not share that Content.

Content provided by coaches, including that delivered during coaching sessions or training events, is not to be redistributed by members, either with other members or those outside of our service. Content from paid training or coaching sessions delivered to members is not to be recorded, reproduced, and shared by members to other members or those outside of MyT.coach.

We do not assert any ownership over your Content, except the rights granted to us in these Terms. You retain full ownership of all of your Content and any Intellectual Property Rights or other proprietary rights associated with your Content. "Intellectual Property Rights" means all copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights (and all associated goodwill), trade secret rights, and all other intellectual property and proprietary rights as may now exist or hereafter come into existence, and all applications for any of these rights and registrations, renewals and extensions of any of these rights, in each case under the laws of any state, country, territory or other jurisdiction. Accordingly, you, and not us, are entirely responsible for all Content that you upload, post, transmit or otherwise make available via the Services. You warrant and represent that you have the right to use such Content without violating any rights of any third-party rights in such Content.Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, or otherwise made available via the Services.

We reserve the right, but have no obligation, to monitor your Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement.

Other users of the Services may post copyrighted information which has copyright protection, whether or not it is identified as copyrighted. We reserve the right, but have no obligation, to monitor such Content. We do not control or guarantee the accuracy, integrity, or quality of other user Content.  You acknowledge that by using the Services, you may be exposed to user Content that is offensive, indecent, or objectionable.

By making your Content available to our Services, you are granting us a non-exclusive, royalty-free, worldwide license to use, host, display, store, cache, transmit, modify, re-format, re-arrange, and adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Services are available), and create derivative works of your Content. Your content includes the video and audio from devices you use to participate in recorded events and activities you decide to participate in as a part of our services. The rights you grant to us are for the limited purpose of operating and providing the Services and producing revenue therefrom, marketing and improving the Services, and allowing us to develop new services.  The reference in this license to "derivative works" is not intended to give us a right to make substantive changes or derivations to your Content but does enable other users to redistribute your Content by means of their own accounts in a manner that allows users to, for example, add captions, text, commentary, filters, photo-editing, or other content in connection with your Content.

Opinions, advice, statements, offers, or other information made available through the Services, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not guarantee the accuracy, completeness, or usefulness of any information on the Services. We also do not adopt or endorse, nor are we responsible for the accuracy or reliability of any opinion, advice, or statement made by parties other than us. Under no circumstances will we be responsible for any loss or damage resulting from anyone's reliance on such information posted on the Services or transmitted to users.

We may remove any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content).  We may also impose limits on certain features and services or restrict your access to parts or all of the Services, or any Content, without notice or liability.

8. Third Party Websites

We make no claim or representation regarding, and accept no responsibility for, the quality, content, nature, or reliability of third-party websites accessible by hyperlink from the Services, or of websites linking to the Services. Such websites are not under our control, and we are not responsible for the contents of any linked website, any link contained in a linked website, or any review, changes, or updates to such websites. We provide these links to you only as a convenience, and the inclusion of any link does not imply our affiliation, endorsement or adoption of any website or any information contained therein. When you leave our Services, you should be aware that our Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services.

We may display content, advertisements, and promotions from third parties (including Coaches) through the Services (collectively, “Third-Party Content”). We do not control, endorse, or adopt any Third-Party Content, and we make no representations or warranties of any kind regarding such Third-Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third-Party Content are solely between you and such third parties, and that MyT.coach is not responsible or liable in any manner for such interactions or Third-Party Content.

Links to third-party websites are not endorsements or referrals of any products, services or information contained in such websites. Information provided and opinions expressed by others do not necessarily represent our opinions. We expressly disclaim any and all liability resulting from reliance on such information or opinions.  Some products, manufacturers and service providers may be mentioned in or on the Services. Mention of these products, manufacturers or service providers does not constitute an endorsement by us. We shall have the right, at our sole discretion, to remove links and images attached to such links, if such links are flagged by other users of the Services as offensive.

9. ProhibitedConduct

You agree that you will not violate any law, contract, intellectual property right, or other third-party right, and that you are solely responsible for your conduct, while accessing or using the Services. You agree that you will abide by these Terms and will not:

• Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
• Use or attempt to use another user’s account;
• Use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users of the Servicesfrom fully enjoying the Services or that could damage, disable, overburden, or impair the functioning of the Services in any manner;
• Reverse engineer any aspect of the Services or take any action that might result in discovery of source code or bypass or circumvent measures employed to prevent or limit access to any content, area, or code of the Services;
• Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Services that you are not authorized to access;
• Develop any third-party applications that interact with contributed Content or the Services without our prior written consent;
• Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Services, extract data, or otherwise interfere with or modify the rendering of Services pages or functionality;
• Use the Services for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Terms;
• Express or imply that any statements you make are endorsed by us, without our specific prior written consent;
• Interfere with or disrupt the Services, or the servers or networks connected to the Services;
• Download lists of other users of the Services and use their information for your own business reasons;
• "Frame" or "mirror" any part of the Services, or use meta tags or code or other devices containing any reference to us or the Services in order to direct any person to any other websites for any purpose;
• Post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any user;
• Create or send unsolicited messages or other electronic communications;
• Submit stories or comments linking to affiliate programs, multi-level marketing schemes, or websites/blogs repurposing existing stories (source hops);
• Intentionally or unintentionally violate any applicable local, state, national or international law; or
• Post, communicate or transmit any material that infringes on any intellectual property, publicity, or privacy right of another person or entity.

10. Disclaimers

YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE SERVICES. THE SERVICES, AND ALL CONTENT AND OTHER INFORMATION ON OR ACCESSIBLE THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. SPECIFICALLY, BUT WITHOUT LIMITATION, WE DO NOT WARRANT THAT: (A) THE INFORMATION ON THE SERVICES IS CORRECT, ACCURATE OR RELIABLE; (B) THE FUNCTIONS CONTAINED ON THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; OR (C) DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING ANY THIRD-PARTY SITES TO WHICH YOU MAY BE DIRECTED OR HYPERLINKED FROM THE SERVICES. HYPERLINKS ARE INCLUDED SOLELY FOR YOUR CONVENIENCE, AND WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE ACCURACY, AVAILABILITY, SUITABILITY OR SAFETY OF INFORMATION PROVIDED IN SUCH SITES. WE DO NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON THE SERVICES.

WE ATTEMPT TO DISPLAY THE SERVICES, AND OTHER MATERIALS AND INFORMATION YOU VIEW ON THE SERVICES, INCLUDING PRICING INFORMATION, AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION AND ARE NOT RESPONSIBLE FOR ANY CLAIMS ARISING OR RESULTING FROM YOUR RELIANCE THEREON. IN THE EVENT OF AN ERROR ON OUR SERVICES, IN AN ORDER CONFIRMATION, IN PROCESSING OR DELIVERING AN ORDER OR OTHERWISE, WE RESERVE THE RIGHT TO CORRECT SUCH ERROR AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A REFUND.

YOU ARE SOLELY RESPONSIBLE FOR YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS AND WITH YOUR COACH. MYT.COACHDOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR BACKGROUND SCREENINGS ON ITS COACHES. YOU AGREE TO TAKE ALL NECESSARY PRECAUTIONS IN, AND ASSUME ALL RESPONSIBILITY FOR, ALL INTERACTIONS WITH OTHER USERS AND YOUR COACHES, PARTICULARLY IF YOU DECIDE TO COMMUNICATE OFF THE SERVICES OR MEET IN PERSON. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS, INJURY OR DAMAGES RESULTING FROM ANY INTERACTIONS WITH ANYONE ARISING FROM USE OF THE SERVICES, OR FROM ANY PROMOTIONAL OR MARKETING INFORMATION PROVIDED BY US.

No oral information or advice provided by us, our resellers, agents, or employees shall create a warranty or in any way.

11. Indemnification

 You agree to indemnify, defend, and hold harmless MyT.coach, its directors, officers, employees, shareholders, agents, coaches, subsidiaries, affiliates, and representatives for, from and against any and all threatened or actual claims, losses, liabilities, damages, costs, or expenses (including attorneys' and experts fees and costs) of any nature whatsoever and whether arising prior to, or after the execution or termination of this Agreement ("Losses"), arising out of, related to, or based on:

• Purchase or use of any Services including related documentation, pricing, labeling, sale, or use;
• The breach of any provision of these Terms;
• Use of the Services in any way;
• Any claim or threatened claim for personal injury, death, or property damage, or loss of any nature whatsoever arising from or related to any Services provided by us;
• Any violation of any applicable laws or regulations including cost, additional expenses, customs duties, or assessments, fines, citations, penalties; or
• Any interaction with any Coach or their staff/agents.

This indemnity will survive the termination of this Agreement and will not be deemed, waived, or terminated, upon acceptance of or payment by us.

12. Limitation of Liability

IN NO EVENT SHALL MYT.COACH BE LIABLE FOR ANY DAMAGES ARISING FROM THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS) ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF MYT.COACH HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

Because some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages, all of the above disclaimers or exclusions may not apply to all users.

13. InternationalUse

Our business is located primarily in the United States. If you provide information to us from the European Union (“EU”), the information will be transferred out of the EU to the United States. By providing personal information to us, you are consenting to its storage and use as described in the terms and conditions of the Privacy Policy.

14. Copyright Infringement; Notice and Take Down Procedures

Our policy and procedures regarding alleged copyright infringement in accordance with the Digital Millennium Copyright Act (the “DMCA”) are specified in the Privacy Policy. 

15. Modifications to the Services

We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Services (or any features or parts thereof) or the provision of the Services at any time and without liability therefor.

16. Governing Law and Venue

These Terms will be governed and construed in accordance with the laws of the State of California as such laws apply to contracts between California residents performed entirely within California without giving effect to principles of conflicts of laws. You hereby agree that any action or proceeding arising out of or related to these Terms shall be brought solely in a court of competent jurisdiction in Orange County, California. The parties hereby specifically exclude the application of the United Nations Convention on Contracts for the International Sale of Goods to these Terms, or any party's performance hereunder.

The exercise of any right or remedy provided for in these Terms will be without prejudice to the right of eitherparty to exercise any other right or remedy provided in these Terms or at law or in equity.

17. Termination

Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Services and to order, receive and use the Services, at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event; however, you will be entitled to a pro-rata refund of any amounts that you have already paid to us. 

18. Audit Rights

You agree that we may audit your use of the Services for compliance with these Terms at any time. In the event that such audit reveals any use of the Services by you other than in full compliance with these Terms, we shall have the right to immediately cancel your account, and you shall reimburse us for all reasonable expenses related to such audit in addition to any other liabilities to which you may be subject as a result of such non-compliance. You acknowledge that we shall have the right to enforce the provisions of these Terms directly against you, and our remedies for any breaches may include, without limitation, damages or injunctive or other equitable remedies.

19. E-mail and Text Communications

E-mail communications and text messages sent from us to you are designed to make your experience more efficient and enjoyable. You specifically agree to accept and consent to receiving e-mail communications and text messages initiated from us, which include, without limitation: e-mails or text messages informing you about potential available sales, e-mails or text messages informing you of promotions we run, and emails or text message informing you of new and existing features we provide. Standard text messaging charges applied by your mobile device carrier will apply to text messages we send. If you change your mobile phone service provider, the notification service may be deactivated for your phone number, and you may need to re-enroll in the notification service. We reserve the right to cancel the notification service at any time. If you do not wish to receive any of our e-mail communications or text messages, you shall have the opportunity to opt out of receiving communications from us (excluding messages targeted directly at you about matters regarding the state of your account, billing, or your continued use of the Services). 

20. Surveys and Feedback

We may periodically present you with surveys or solicit your opinion about the Services. You acknowledge that your participation in these types of programs is completely voluntary.  By submitting opinions, suggestions, feedback, images, documents, and/or proposals to us through these surveys, any suggestion or feedback webpages, or through any other communication with you, you acknowledge and agree that: (a) the suggestions or feedback you provide will not contain confidential or proprietary information; (b) we are not under any obligation of confidentiality, express or implied, with respect to the suggestions and feedback you provide; (c) we shall be entitled to use or disclose (or choose not to use or disclose) the suggestions and feedback you provide for any purpose, in any way, in any media worldwide (without disclosing your identity); (d) we may have similar ideas to the suggestions and feedback you provide already under consideration or in development; (e) the suggestions and feedback you provide will automatically become our property without any obligation to you; and (f) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances. 

21. Promotions

We may periodically feature promotions (“Promotions”) on our Services, and you will have the opportunity to participate in such Promotions. By participating, you acknowledge that third parties may be responsible for such Promotions and for ensuring that such Promotions comply with all applicable laws, rules, and regulations. We recommend that you carefully review the official rules, including any applicable privacy policy, these Terms, and any additional information or links provided in the official rules regarding such Promotions. You acknowledge and agree that if a Promotion is provided by any third-party, we are not responsible or liable for the failure of any such third-party to comply with the rules, terms, conditions, policies, and applicable laws, rules, or regulations governing any Promotion.

WE DO NOT SPONSOR, ADMINISTER OR ENDORSE THE CONTENT OF ANY PROMOTION PROVIDED BY A THIRD PARTY AND DISTRIBUTED THROUGH THE SERVICE UNLESS OTHERWISE STATED AND ARE THEREFORE NOT LIABLE OR RESPONSIBLE FOR SUCH PROMOTIONS.

Promotions may require you to provide personal information in order to participate. In the event that you choose to provide personal information, you acknowledge and agree that we may use any such information you provide consistent with these Terms and our Privacy Policy.

You acknowledge and agree that we are not responsible or liable for use or distribution of information you provide in a Promotion. Please see the rules and privacy policy for each Promotion on how it will use your personal information.

22. Severability

If any provision of these Terms are held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force and effect without being impaired or invalidated in any way. The Parties agree to replace any invalid provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision. 

23. Waiver; Remedies

In no event will our acceptance of any action by you be deemed a waiver by us of any rights with respect to these Terms. The waiver by any Party of a breach of any provision of these Terms will not operate or be interpreted as a waiver of any other or subsequent breach. 

24. Survival

Those provisions in these Terms that by their nature are intended to survive termination or expiration of this Agreement shall so survive. 

25. Miscellaneous

These Terms constitute the entire agreement between you and MyT.coachrelating to your access to and use of the Services. These Terms, and any rights and licenses granted hereunder, may not be transferred, or assigned by you without the prior written consent of MyT.coach. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. No agency, partnership, joint venture, or employment relationship is created between us as a result of these Terms of Use, and you do not have any authority of any kind to bind us in any respect whatsoever.

Questions: Should you have any questions regarding these Terms please contact us at coaching@MyT.coach.