Acceptance of Terms

Before registering to use the services offered on the My eCoach site ("My eCoach Online") contained therein, you (the "User") are agreeing to abide by the following Terms of Use ("Terms"), any updates, or any other guidelines or rules posted from time to time on our Web site or in connection with "My eCoach Online." "My eCoach®" (My eCoach®, division of Computer Strategies, LLC) reserves the right to modify these terms at any time. As a result, please check the "Terms" regularly as there may be modifications. The following is a binding contract between you as "User" and My eCoach®, which establishes your and "My eCoach's" rights, obligations and liabilities regarding your use of "My eCoach Online" ("the Agreement").

One User ID and Password is issued for your use alone, is nontransferable, and may not be shared. You are responsible for all uses of "My eCoach Online" using your User ID and Password, whether the use is by you personally or by someone else. You are responsible for protecting and securing your User ID and Password from unauthorized use and disclosure. If you are under the age of 18, you represent that you have obtained your parent's or legal guardian's consent to register for the services offered on "My eCoach Online."

Recognizing the global nature of the Internet, the "User" must comply with all local rules regarding online conduct and acceptable use of "Information." Specifically, the "User" agrees to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which he or she resides.

Please read this page carefully, and then click "Agree," if you accept the "Terms" of the Agreement.

Ownership of Information

You as "User" acknowledge and agree that "My eCoach Online" contains handouts, lessons, activities, templates, tutorials, tips, examples, research, graphics, video, and other material (called "Information") that are protected by intellectual property rights throughout the world, including but not limited to copyright, trademark and patent rights. The Intellectual Property Rights mentioned in this agreement are valid and protected in all forms existing now or developed later, and that all rights, title and interest to "Information", including but not limited to all Intellectual Property Rights, belong solely and exclusively to "My eCoach" or its "Users" who contribute and share "Information" to "My eCoach Online."

Use of Information on "My eCoach Online"

"My eCoach Online" includes areas for users to post and exchange "Information", ideas, reflections, and discussions. "My eCoach" does not take responsibility for any "Information" posted or exchanged by users on "My eCoach Online." The views and opinions expressed therein do not necessarily reflect those of "My eCoach" or its "Users." If you make use of "My eCoach Online," you hereby agree that you have all rights to any "Information" you post and exchange on "My eCoach Online" and will not infringe on any personal or proprietary rights of any other "Users" of "My eCoach Online".

Further, you as "User," understand that by posting or exchanging any "Information" on "My eCoach Online," you will be providing full access to your "Information" to all "Users" of "My eCoach Online," who may be able to reproduce, distribute or alter your "Information." In providing full access to your "Information" on "My eCoach Online," you grant "My eCoach" and all "Users" of My eCoach Online" a non-exclusive, copyright-free license to use, adapt, publish, clone or create derivative works from, perform and display "Information" posted by you and other "Users" to "My eCoach Online." You as "User" agree to ask permission and provide credit to original authors of any "Information" that you may use, reproduce, distribute, or alter on "My eCoach Online." You as "User" can not manipulate identifiers in order to disguise the origin of any "Information" transmitted through "My eCoach Online." Much of the "Information" on "My eCoach Online" is copyrighted materials of "My eCoach" and is offered to "Users" of "My eCoach Online" with the intention of following the "Terms" of this agreement.

You as "User" acknowledge that "My eCoach Online" is for educational purposes only. Therefore, you agree to use "My eCoach Online" for such purposes and not to post any inappropriate "Information" on "My eCoach Online." "My eCoach" reserves the right to remove any "Information" which is inappropriate (i.e. unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or racially, ethnically or otherwise objectionable) for "My eCoach Online" and the education community.

In the event that you are of the view, or are in possession of any information concerning the infringement of the rights of any "User" or third party on "My eCoach Online" or become aware of any inappropriate "Information" on "My eCoach Online," please notify "My eCoach" immediately:

My eCoach, division of Computer Strategies, LLC
7700 Edgewater Dr., Suite 600
Oakland, CA 94621
ecoach@my-ecoach.com
800.633.2248

Third Party Sites

You as "User" may link to other sites on the Internet in your project. "My eCoach®" is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites not under the control of "My eCoach®." The inclusion of such a link does not imply endorsement of the site by "My eCoach®" or any association with its operators. You as "User" will ensure any links to other sites on the Internet on your project are valid, credible, and appropriate, and will update and maintain any links on your project to ensure appropriateness and that all links are current.

Use of Information to others not "Users" of "My eCoach Online"

"My eCoach Online" offers "Users" an online community to provide "Information" to other "Users" and their students. You as "User" cannot reproduce, use, sell, or disseminate "Information" from "My eCoach Online" to anyone other than "Users" of "My eCoach Online" and your students, including but not limited to others in the same school, district, college or other organization, whether or not for a charge or other consideration, for any purpose, whether commercial or otherwise, without prior written permission of the owner of the "Information" or "My eCoach". "My eCoach" cannot guarantee that the reproduction and dissemination of "Information" provided by other Users will not constitute an act of copyright infringement. If you engage in copyright infringement of "Information" on "My eCoach Online", you will be doing so entirely at your own risk.

Indemnity

You as "User" agrees to indemnify and hold "My eCoach" and its subsidiaries, affiliates, officers, agents, contractors, co-branders or partners, representatives, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of "Information" sent or transmitted through "My eCoach Online," the use of "My eCoach Online," the connection to "My eCoach Online," the violation of the "Terms," or the violation of any rights of another "User."

Privacy Policy

You as "User" comply with the "Privacy Policy" of "My eCoach" which is available on My eCoach's website (http://my-ecoach.com). By registering for "My eCoach Online" you agree that you understand the terms and conditions of the "Privacy Policy," and accept them in their entirety. You as "User" acknowledge that "My eCoach" may monitor your use of "My eCoach Online" as stated in the "Privacy Policy," and may share such "Information" with third parties. "My eCoach" may retain "Information" contributed from you after the termination of your subscription. By using "My eCoach Online," you as "User" agree that "My eCoach" may collect, use, and distribute demographic data about "Users" in aggregated form (so that no "User" is personally identifiable) for research and other purposes in accordance with the "Privacy Policy." All references to "this Agreement" in this Agreement shall include a reference to the "Privacy Policy."

Termination of Access

"My eCoach" may end this Agreement upon the expiration or termination of any "User" agreement and the individual or organization that paid for your access to "My eCoach Online." You may terminate this Agreement, and your rights as a "User" to "My eCoach Online" by notifying "My eCoach" of your decision to terminate your access to "My eCoach Online."

Disclaimer of Warranties

There are no warranties regarding to "Information" furnished by "Users" to "My eCoach Online." Use of "My eCoach Online" is at the risk of the "Users." "My eCoach" does not warrant that "My eCoach Online" will always be available based on unforeseeable situations concerning downtime or network disturbances such as computer viruses. "My eCoach" does not make any warranty to the accuracy or reliability of "Information" contributed from "Users" to "My eCoach Online." No statement, advice, or coaches comments made by any "User" or "My eCoach" employee, partner, affiliate, associate, contractor, or representative shall be deemed to be warranted and guaranteed by "My eCoach."

Notices

Notices to "Users" will be made on "My eCoach Online." "My eCoach" may also provide notices of changes to the Terms or other matters by displaying notices or links to notices.

Trademarks and Copyrighted Materials

"My eCoach" and the "My eCoach" logos and product and service names are trademarks of Computer Strategies, LLC. No one may display or use any My eCoach trademarks in any manner, without Computer Strategies' prior written permission. You as "User" will not use, alter, or reproduce any of "My eCoach" proprietary software, database, or source code of "My eCoach Online" without prior written permission.

General

The Terms of this agreement constitute the entire agreement between the User and the use of "My eCoach Online." The Terms and the relationship between the "User" and "My eCoach" shall be governed by the laws of the State of California without regard to its conflict of law provisions. The failure of "My eCoach" to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court to be invalid, the parties agree that the other provisions of the Terms remain in full force and effect. Regardless of any statute or law to the contrary, user agrees to file any claim or cause of action arising out of or related to use of "My eCoach Online" or theTerms within one (1) year after such claim.