PinchCoach.com Terms and Conditions

PinchCoach.com (“PinchCoach”) provides services (the "Services") to you ("you or the "User") at www.pinchcoach.com ("Site"). Your use of the site indicates your consent to this contract formed between you and FairPlay Solutions, Inc. ("FairPlay" or "FairPlay Solutions") for the use of PinchCoach.com's services, according to the following Terms of Use ("Terms"). Unless expressly stated otherwise, these Terms of Use shall apply to any use of the PinchCoach website, the Services, and any service, application, plug-in, component, functionality or program created or made available by PinchCoach or FairPlay.

By visiting, registering with or using the PinchCoach Site, you represent and warrant that you have read, understand and have the legal capacity to, and hereby agree to be legally bound by these terms of use. This agreement forms a contract between you and FairPlay Solutions, Inc. for the use of the content, software and services made available on the PinchCoach site.

Certain PinchCoach Services may require you to download software or content and/or to agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to FairPlay Solutions in which you choose to participate, those additional terms are herby incorporated into this agreement.

A. MODIFICATIONS TO THIS AGREEMENT.

We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms of Use at any time. What constitutes a “material change” shall be at the sole and exclusive discretion of FairPlay Solutions, Inc. We encourage you to periodically review these Terms of Use at www.pinchcoach.com/termsofuse. Any modifications to these Terms shall become effective immediately upon the posting thereof. Therefore, we encourage you to check the date of our Terms of Use whenever you visit PinchCoach.com to check if they have been updated. You must review this agreement on a regular basis to keep yourself apprised of any changes. If you do not agree to the revised Terms of Use, your sole recourse is to immediately stop all use of the Services. Your continued use of the Services following the posting of modifications will constitute your acceptance of the revised Terms of Use. Should you have any questions regarding the use of our site, please contact us at: support@pinchcoach.com.

B. YOUR REGISTRATION OBLIGATIONS.

We provide the Services for your personal use. You may not use the Services to conduct business without a separate written contract with FairPlay.

To obtain and use the Services, you will be required to register with PinchCoach by completing a registration form and designating a username and password. When registering with PinchCoach you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

You may not authorize any third party to access or use the Services on your behalf. You are responsible for maintaining the confidentiality of the username and password, and are fully responsible for all activities that occur under your username or password. You agree to immediately notify FairPlay of any unauthorized use of your username or password or any other breach of security. FairPlay cannot and will not be liable for any loss or damage arising from any unauthorized use of your account.

C. CONSENT TO ELECTRONIC COMMUNICATIONS AND SOLICITATION.

By registering with PinchCoach, you understand that we may send you communications or data from FairPlay regarding the Services, including but not limited to (i) notices about your use of the Services, including any notices concerning violations of use, (ii) updates, and (iii) promotional information and materials regarding FairPlay Solutions' products and services, via electronic mail.

D. USER CONDUCT/ACCEPTABLE USE POLICY.

You may not use the Services in any way that violates applicable federal, state, or international law, or for any unlawful purpose. You may not use the Services to send, receive, or download messages or materials that are inappropriate or violate the intellectual property rights of FairPlay Solutions or others.

To the extent that the Services provide Users an opportunity to post, store and exchange articles, information, materials, data, files, programs, photographs, concepts, communications, footage, ideas and opinions (“User Content”), you agree to and hereby do grant, and you represent and warrant that you have the right to grant, FairPlay, its contractors, and the users of the PinchCoach Site an irrevocable, perpetual, non-exclusive, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such content and to prepare derivative works of, or incorporate into other works, such content, including a User’s likeness. This license does not grant FairPlay Solutions the right to sell User Content or otherwise distribute it outside of FairPlay’s Services. FairPlay does not claim any ownership rights in any User Content; you continue to retain all ownership rights in such User Content.

Content posted by users and other non-FairPlay Solutions contributors are generally not reviewed by FairPlay. FairPlay shall have the right, but not the obligation, to reject, refuse to post, or otherwise monitor all content displayed by users, and may remove or require users to remove all content that FairPlay, in its sole discretion, deems to be (a) inconsistent with FairPlay’s strategic mission and vision (including but not limited to content that contains undesirable images of or links or references to tobacco and alcohol products, profanity, pornography, violence or prejudicial content) and/or these Terms of Use; or (b) possibly in violation of applicable law. In addition, FairPlay has the right to remove any content if FairPlay has reason to believe that displaying such content may infringe the rights of a third party or subject FairPlay to expense or liability. Please notify us at support@pinchcoach.com of any content that you believe might violate applicable law or your intellectual property rights or contain undesirable images of or links or references to tobacco and alcohol products, profanity, pornography, violence, prejudicial content, or content that is obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.

FairPlay reserves the right, in its sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance shall not dictate or limit FairPlay’s response to a future complaint. You acknowledge and agree that FairPlay shall not assume or have any liability for any action or inaction by FairPlay with respect to any User Content. Users shall remain solely responsible for User Content, and any material or information transmitted to other Users for interaction with other Users.

Additionally, FairPlay reserves the right to terminate your access to and use of the Services, if, in our view, your conduct fails to meet any of the following guidelines for User conduct:

Use of the Site and The Services for commercial purposes is not permitted. FairPlay reserves the right, at any time, in its sole and absolute discretion and for any reason or no reason, to delete any User Content that is commercial in nature (any such User Content being "Commercial Content") or to terminate access to and use of the Services by any User who posts Commercial Content. The Site and the Services may from time to time include features available for Commercial Content, and FairPlay reserves the right, at any time, in its sole and absolute discretion and for any reason or no reason, to change, add, remove or selectively allow or require the use of any such features by any User who desires to post Commercial Content, as well as to amend these Terms of Use to include provisions to regulate such Commercial Content and the conduct of Users who post Commercial Content.

• You may not attempt to harm, disrupt, or otherwise engage in activity that diminishes or degrades, the PinchCoach Site, computer systems and network, or the Services.
• You may not attempt to interfere with any other person’s use of the Services.
• You may not misrepresent your identity or impersonate any person, or use the account, username, or password of another User at any time.
• You may not attempt to gain access to any account, computers or networks related to the Services without authorization.
• You may not attempt to obtain any data through any means from the Services, except if we intend to provide or make it available to you.
• You may not attempt to charge others to use the Services either directly or indirectly.
• You may not cover or obscure advertisements on any page of the PinchCoach Site.
• You may not use the Services to participate in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, pyramid schemes or chain letters.
• You may not engage in any illegal or unauthorized copying of another person’s copyrighted or copyrightable work, including, but not limited to, (1) pirated computer programs or links to them, (2) information which circumvents manufacturer-installed, copy-protect devices, (3) pirated music or links to pirated music files, or (4) otherwise violates another person’s proprietary rights.
• You may not provide instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses.
• You may not use the Services to send, either directly or indirectly, any unsolicited bulk e-mail or communications or unsolicited commercial e-mail or communications.
• You may not use the Services to exploit people in a sexual or violent manner.
• You may not use the Services to solicit personal information from anyone under 18.
• You may not use the Services to solicit passwords or personal identifiable information for commercial or unlawful purposes.
• You may not use the Services for defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights (such as rights of privacy and publicity) of others.
• You may not use the Services to send or otherwise make available, any material protected by intellectual property laws unless you own or control the rights to such material or have received all necessary consents.
• You may not use the Services to send or otherwise making available any material that contains viruses, Trojan horses, worms, corrupted files, or any other similar software that may damage the operation of another’s computer or property.
• You may not use the Services to download any material sent by another User of the Services that you know, or reasonably should know, cannot be legally distributed in such manner.
• You may not use the Services to violate any code of conduct or other guidelines which may be applicable to the Services or the Site.
• You may not use the Services to harvest or otherwise collect information about others.
• You may not attempt to modify, translate, adapt, edit, copy, decompile, disassemble, or reverse engineer any software used or provided by FairPlay in connection with the PinchCoach Site or Services.

All judgments concerning the applicability of these guidelines shall be at the sole and exclusive discretion of FairPlay. Should your access to and use of the Services be terminated, you have the right to appeal such termination by writing to support@pinchcoach.com.

E. INTELLECTUAL PROPERTY RIGHTS AND NOTICES.

All contents of the PinchCoach Site and Services including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement (“Content”) are: Copyright © 2009 FairPlay Solutions, Inc. and/or the proprietary property of FairPlay Solutions, Inc.’s suppliers, affiliates, or licensors. Content may not be reproduced, modified, derivative works created from, displayed, performed, published, distributed, disseminated, broadcasted or circulated to any third party (including, without limitation, the display and distribution of the material via a third party Web sites or other networked computer environment) without the express prior written consent of FairPlay and/or its suppliers, affiliates, or licensors. All rights reserved.

PinchCoach, PinchCoach.com, the PinchCoach logo, FairPlay Solutions, Inc., and FairPlay are including without limitation, either trademarks, service marks or registered trademarks of FairPlay Solutions, and may not be copied, imitated, or used, in whole or in part, without FairPlay’s prior written permission or that of our suppliers or licensors. Other product and company names may be trade or service marks of their respective owners.

FairPlay may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in its site that are part of the Services. Unless we have granted you licenses to our intellectual property in these Terms of Use, our providing you with such Web pages does not give you any license to our intellectual property. Any rights not expressly granted herein are reserved.

F. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.

FairPlay respects copyright law and expects Users to do the same.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide FairPlay’s Agent for Notice of claims of copyright or other intellectual property infringement (“Agent”) the written information specified below: (1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) A description of the copyrighted work that you claim has been infringed upon; (3) A description of where the material that you claim is infringing is located on the Web site; (4) Your address, telephone number, and e-mail address; (5) A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (6) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

FairPlay's Agent can be reached at:

G. THIRD PARTY CONTENT, SITES AND SERVICES.

The Services contain features and functionalities that may link you or provide you with certain functionality and access to third party content, including Web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. We may also provide some content to you as part of the Services. We are not responsible for any third party content you access with the Services, and you irrevocably waive any claim against us with respect to such sites and third-party content. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You are solely responsible for your dealings with any third party related to the Services, including the delivery of and payment for goods and services.

H. PRIVACY.

You acknowledge and agree that FairPlay Solutions may disclose your personal information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, to enforce these Terms of Use, or, in its sole discretion, to protect the rights, property, or personal safety of FairPlay, its employees, users and third parties, and the public.

I. FAIRPLAY MAKES NO WARRANTIES.

FairPlay intends for the information contained on its Site and Services to be accurate and reliable; however, errors sometimes may occur. In addition, FairPlay may make changes and improvements to the information provided herein at any time.

FAIRPLAY PROVIDES ITS SITE AND SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FAIRPLAY SOLUTIONS, ITS AFFILIATES, RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS (EACH, AN “FAIRPLAY PARTY,” AND COLLECTIVELY, THE “FAIRPLAY PARTIES”) MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE FAIRPLAY PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS CONTRACT.

J. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY.

IN NO EVENT WILL ANY FAIRPLAY PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS CONTRACT OR YOUR USE OF THE SOFTWARE OR SERVICE, EVEN IF SUCH FAIRPLAY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION J IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS CONTRACT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY FAIRPLAY PARTY WITH RESPECT TO THIS CONTRACT OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.

K. CHANGES TO THE SERVICE; ADDITIONAL LIABILITY LIMITATION.

WE MAY CHANGE THE SOFTWARE AND SERVICE OR DELETE FEATURES AT ANY TIME AND FOR ANY REASON. WITHOUT LIMITING THE GENERAL NATURE OF SECTIONS I AND J, THE FAIRPLAY PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS I AND J, FAIRPLAY IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE SOFTWARE AND SERVICES, (2) ANY INCOMPATIBILITY BETWEEN THE SOFTWARE AND SERVICES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE SOFTWARE AND SERVICES IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SOFTWARE AND SERVICES AVAILABLE FROM THIRD PARTIES THROUGH LINKS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

L. INDEMNIFICATION.

You agree to indemnify, defend and hold harmless, FairPlay, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers, to and from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use by you. FairPlay reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with FairPlay Solutions in asserting any available defenses.

M. UNITED STATES EXPORT CONTROLS.

Software available in connection with the PinchCoach Services is further subject to United States export controls. No software may be downloaded from the PinchCoach Services or otherwise exported or re-exported in violation of United States export laws. Downloading or using the Software is at your sole risk.

N. TERMINATION OF SERVICE.

We may terminate or suspend your access to the Services at any time, in our sole discretion, without cause and/or without notice. Upon termination, your right to use the Services stops immediately. ONCE THE SERVICES ARE CANCELLED OR SUSPENDED, ANY DATA YOU HAVE STORED ON PINCHCOACH’S SYSTEMS MAY NOT BE RETRIEVED LATER. This provision does not apply, however, to data stored by users under the age of 13 in the event that a parent of that child is requesting retrieval and/or deletion of that information.

O. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES.

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Texas, excluding its conflicts-of-law principles. Please note that your use of the Services may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with FairPlay or relating in any way to your use of the Services resides in the courts of Texas and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Texas in connection with any such dispute including any claim involving PinchCoach or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.

P. NOTICES TO FAIRPLAY SOLUTIONS.

You may notify us by e-mail at support@pinchcoach.com

Q. OTHER TERMS.

If any part of these Terms of Use are determined to be 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 provision 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. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.

R. MISCELLANEOUS.

FairPlay may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other party. Any attempt by you to do so is void. ANY CLAIM RELATED TO THIS CONTRACT OR THE SOFTWARE AND SERVICE MUST BE BROUGHT WITHIN ONE YEAR. THE ONE-YEAR PERIOD BEGINS ON THE DATE WHEN THE CLAIM FIRST COULD BE FILED. IF IT IS NOT, THEN THAT CLAIM IS PERMANENTLY BARRED. THIS APPLIES TO YOU AND YOUR SUCCESSORS. IT ALSO APPLIES TO US AND OUR SUCCESSORS AND ASSIGNS. The failure of FairPlay to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.