Website Terms of Use
Ownership of Site; Agreement to Terms of Use
These Terms and Conditions of Use (the “Terms of Use”) apply to the Kugler Coaching LLC website located at www.loiskugler.com (the “Site”). The Site is the property of Kugler Coaching LLC ( “Kugler Coaching LLC”) and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
Kugler Coaching LLC reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Kugler Coaching LLC grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
Kugler Coaching LLC reserves the right in its sole discretion to modify and/or discontinue any part of the Site or any services or products offered via the Site at any time with or without notice.
Privacy
Kugler Coaching LLC’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Kugler Coaching LLC’s Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
Links to other sites and to the Kugler Coaching LLC Site
This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Kugler Coaching LLC’s control, and Kugler Coaching LLC is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Kugler Coaching LLC, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Kugler Coaching LLC’s express prior written consent.
You may use information on Kugler Coaching LLC products and services (such as knowledge based articles, and similar materials) purposely made available by Kugler Coaching LLC for downloading from the Site, provided that you
(1) not remove any proprietary notice language in all copies of such documents,
(2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media,
(3) make no modifications to any such information, and
(4) not make any additional representations or warranties relating to such documents.
Unsolicited Submissions
Kugler Coaching LLC and its employees and contractors do not accept, review or consider any unsolicited ideas, works, materials, proposals, suggestions, artwork, content or the like, including for advertising campaigns, promotions, products, services, technologies, product enhancements, processes, marketing strategies, product names, content or creative materials (all of the foregoing “submissions”). Please do not send or provide any submissions in any form to Kugler Coaching LLC or any of its employees or contractors.
The purpose of this policy is to avoid potential misunderstandings or disputes when Kugler Coaching LLC’s products, services, technologies, advertising, promotions, marketing strategies or content might seem similar to submissions provided to Kugler Coaching LLC. If, despite our request that you not send us your submissions, you still submit them, then regardless of what your correspondence says, the following terms will apply to your submissions.
You agree that:
(1) your submissions and their contents along with related intellectual property rights will automatically become the property of Kugler Coaching LLC, without any compensation to you;
(2) Kugler Coaching LLC may use or redistribute the submissions and their contents for any purpose and in any way on an unrestricted basis;
(3) there is no obligation for Kugler Coaching LLC to review the submissions; and
(4) there is no obligation to keep any submissions confidential.
Your Use of the Site
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Kugler Coaching LLC reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Kugler Coaching LLC server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Kugler Coaching LLC, including any Kugler Coaching LLC account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personally identifiable information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Kugler Coaching LLC’s systems or networks, or any systems or networks connected to the Site or to Kugler Coaching LLC.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Kugler Coaching LLC on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Kugler Coaching LLC or others.
Purchases; Other Terms and Conditions
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.
Kugler Coaching LLC’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
Kugler Coaching LLC may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Kugler Coaching LLC makes no commitment to update the materials on the Site with respect to such products and services.
Disclaimers
KUGLER COACHING LLC DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. KUGLER COACHING LLC CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. KUGLER COACHING LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KUGLER COACHING LLC DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY KUGLER COACHING LLC SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST KUGLER COACHING LLC FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Kugler Coaching LLC reserves the right to do any of the following, at any time, without notice:
(1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason;
(2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and
(3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
Except where prohibited by law, in no event will Kugler Coaching LLC be liable to you for any direct, indirect, special, consequential, exemplary, incidental or punitive damages, including lost profits, lost savings or lost postage even if Kugler Coaching LLC has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms of Use, Kugler Coaching LLC is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Kugler Coaching LLC’s liability shall in no event exceed US$1.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
Indemnity
You agree to indemnify and hold Kugler Coaching LLC, its officers, directors, members, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Kugler Coaching LLC by any third party due to or arising out of or in connection with your use of the Site, your breach of these Terms of Use, and/or your infringement of any intellectual property rights.
Violation of These Terms of Use
Kugler Coaching LLC may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Kugler Coaching LLC’s rights or property, or the rights or property of visitors to or users of the Site, including Kugler Coaching LLC’s customers. Kugler Coaching LLC reserves the right at all times to disclose any information that Kugler Coaching LLC deems necessary to comply with any applicable law, regulation, legal process or governmental request. Kugler Coaching LLC also may disclose your information when Kugler Coaching LLC determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You agree that Kugler Coaching LLC may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated applicable law, these Terms of Use, or other agreements or guidelines which may be associated with your use of the Site.
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Connecticut without regard to its conflict of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Fairfield County, Connecticut, and waive any objection to such jurisdiction or venue.
Void Where Prohibited
Kugler Coaching LLC administers and operates the www.LoisKugler.com Site from its location in New Milford, Connecticut USA. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Kugler Coaching LLC reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
Miscellaneous
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
These Terms of Use constitute the entire agreement between you and Kugler Coaching LLC with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Kugler Coaching LLC with respect to such use are hereby superseded and cancelled. Kugler Coaching LLC’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Kugler Coaching LLC of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Kugler Coaching LLC and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.