Terms & Conditions
This Agreement concerns the entity(ies) that links to this document as well as its website (together with its pages and features, the “Site”) and all associated services described further below (collectively, the “Services”). This Agreement is made and entered into by and between you (together with any person helping you visit, access, register with or use any of those online or digital properties, products or services, “you” or “your”) and the entity(ies) that links to this document. You and the entity(ies) that links to this document may be referred to herein, individually, as a “Party” and, together, as the “Parties.”
Please read this Agreement carefully before accessing or using the Site or the Services because it constitutes a legally binding contract between you and us that applies to the Site and Services. This includes the “Dispute Resolution” clause contained in this Agreement, which provides for binding arbitration and waivers of jury trials and class actions.
You are automatically accepting and agreeing to the most-recent version of this Agreement whenever you visit, access, or use the Site or the Services; and your continuing visit, access, or use of any of the foregoing reaffirms your acceptance and agreement in each instance.
If you do not accept and agree to this Agreement in its entirety, then you are strictly prohibited from visiting, accessing, or using the Site or the Services.
We may supplement, amend or otherwise modify this Agreement at any time. Such modifications will be posted on this or another page of the Site as we deem appropriate in our sole discretion, and shall be deemed effective as of their stated effective or modification date. It is your responsibility to carefully review this Agreement and your User Account (defined below) each time you visit, access, or use the Site or the Services.
Eligibility
The Site and the Services are offered only to users eighteen (18) years of age or older, or otherwise the age of majority in their respective jurisdictions, and who have accepted this Agreement. By visiting, accessing, or using the Site or the Services, you represent and warrant to us that you meet these eligibility requirements. You agree to comply with all applicable laws for visiting, accessing, and using the Site and the Services.
Privacy
a. Privacy Policy. We respect the privacy of others. Our policies concerning the collection and use of your personal information in connection with the Site are set forth in our Privacy Policy, which you should carefully review each time you visit, access, or use the Site or the Services.
b. Express Consent to Privacy Policy. You hereby expressly consent to our and our business units collecting and using information about you (including your personal and non-personal information) as disclosed in our Privacy Policy.
Description of Services
The following further describes the Services. We reserve the right, but not the obligation, to change or otherwise alter the operation, features and content of the Services as we see fit in our sole discretion from time-to-time.
Your Devices
Certain portions of the Site or the Services may be configured for, and we may offer the Site or the Services through, certain televisions, computers, tablets, smart phones or other electronic devices (“Device(s)”). This Agreement shall apply with equal force to your use of the Site or Services through such Devices. You are responsible for obtaining and updating the Device, software, operating system, carrier and network access necessary to use the Site and the Services. We do not guarantee that the Site, the Services or any portions thereof will function on any particular Device. All carrier fees, rates, charges and taxes may apply, and you accept responsibility for them.
Ownership
The Site, the Services, and all related intellectual property are owned, licensed, or permissibly used by us. You retain no rights beyond those expressly granted. Nothing in this Agreement shall be construed as a waiver or limitation of our rights or those of our licensors.
Rights, Permissions, and Consents
a. License of the Site. Limited, non-exclusive, personal, revocable license to access and view the Site. Unauthorized use or breach terminates the license.
b. License of the Services. Limited, non-exclusive, personal, revocable license to access and use the Services for personal, non-commercial use. Unauthorized use terminates the license.
c. License of User Materials. You grant us an irrevocable, royalty-free, worldwide license to use, reproduce, distribute, display, and exploit any User Materials you submit.
d. Reservation of Rights. Nothing in this Agreement restricts our rights.
e. Warnings; Disclaimers. User Materials may become public. We disclaim liability arising from their use.
Suspension or Termination of Services; Disclaimer
We may suspend or terminate the Site, Services, and/or your account at any time without notice. We are not liable for any loss resulting from suspension or termination.
Electronic Communications
a. Express Consent. You consent to receiving electronic communications from us (including marketing messages). Carrier fees may apply.
b. Opt-Out. You may opt out of electronic communications by contacting us at info@crestlinecoach.com with the subject line “Opt-Out of Electronic Communications.” Opting out may impact your use of the Services.
Submissions
We do not accept unsolicited materials or ideas for content. We are not liable for similarities to submitted ideas.
Prohibited Activities
You shall not engage in any unlawful, infringing, disruptive, or unauthorized activities with respect to the Site or Services. Examples include impersonation, infringement, publishing objectionable content, scraping data, hacking, spamming, and other harmful acts.
Links to Other Sites, Networks, Platforms and Servers
a. Linked Technologies. The Site and Services may contain links to third-party sites. These are provided as a convenience.
b. Disclaimer. We are not responsible for content, products, or services on Linked Technologies. Access is at your own risk.
Take Down
We may remove any content submitted by you or others at our sole discretion if it is infringing, offensive, false, misleading, illegal, or otherwise objectionable.
User Representations, Warranties, and Covenants
You represent and warrant that you are of age, have authority, own or have rights to your User Materials, and that your use of the Site complies with this Agreement and applicable law.
Disclaimers and Limitations
Includes disclaimers of warranties, limitations of liability, and waiver of injunctive relief. The Site and Services are provided “as is.” Your use is at your own risk.
General Release of Claims
You release us and our affiliates from all claims arising from your use of the Site or Services.
Indemnification
You agree to indemnify and hold us harmless against all claims and expenses arising from your use of the Site or Services, violations of this Agreement, or infringement of third-party rights.
Term; Termination; Survival
This Agreement remains effective until terminated. Upon termination, all rights granted to you revert to us. Certain provisions (e.g., disclaimers, indemnities) survive termination.
Governing Law
The laws of the State of Texas and U.S. federal law govern this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Dispute Resolution
a. Binding Arbitration. Disputes are subject to binding arbitration through JAMS. Jury trial and class action rights are waived.
b. Arbitration Rules. JAMS Comprehensive Rules apply. Federal Arbitration Act governs.
c. Arbitration Process. Arbitration held in Houston, Texas.
d. Arbitration Decisions. Final and binding, with limited appeal.
e. Arbitration Fees. Shared equally, unless otherwise permitted by law.
f. Litigation. Non-arbitrable disputes resolved in Texas courts.
g. Waiver of Jury Trial and Class Action. Applies regardless of forum.
Notice
We may provide notices via general posting on the Site, email, or account postings.
Relationship
This Agreement does not create a partnership, employment, or joint venture relationship.
Miscellaneous
a. Electronic Signatures are valid.
b. Excused Performance applies in force majeure events.
c. Assignment requires our consent.
d. Agreement interpreted neutrally.
e. Headings are for convenience only.
f. Severability applies if any term is invalid.
g. Entire Agreement supersedes all prior agreements.
Contact Us
Please direct questions to info@crestlinecoach.com with subject line “Website Question.”
Last Modified
This Agreement was last modified on November 12, 2021.