Coach Builder Software Terms of Use

Effective Date: April 6, 2026

Last Modified: April 6, 2026

 

Coach Builder, LLC (“Coach Builder,” “we,” “us,” or “our”) oversees the websites, app.coachbuilder.com and coachbuildersoftware.com (collectively, the “Site”), and related services (collectively, our “Services”).  Your use of and access to the Site and our Services is governed by and subject to the following terms and conditions (“Terms”).

 

These Terms are applicable to all users of this Site and our Services, including Coach Builder-certified coaches who have purchased a Coach Builder membership or individual coaches who have purchased a Subscription (“Coaches”) and clients who have signed up to use the Services in connection with their relationship with a Coach (“Clients,” and together with Coaches, “user(s),” “you,” or “your”) and govern your access to and use of the Services, as well as any information, text, graphics, photos, or other material uploaded, downloaded or appearing on the Services.

 

Read these Terms carefully before you begin using this Site.  BY CLICKING “I AGREE” OR BY ENTERING, ACCESSING, BROWSING, SUBMITTING INFORMATION TO, OR OTHERWISE USING THE SITE, ITS SERVICES, OR THE CONTENT AVAILABLE HEREIN, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS AND OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE.

 

Coach Builder makes no representation or warranty of any kind that use of this Site outside of the United States is lawful or permissible.  Users who access this Site from other jurisdictions are responsible for their compliance with Applicable Laws pertaining to the use of this Site.  The Services are also not intended for use by minors.  By using the Services, you represent and warrant that you are eighteen (18) years of age or older.

 

THE SERVICES INCLUDE CERTAIN AI FEATURES (AS DEFINED HEREIN).  THE AI FEATURES ARE POWERED BY GENERATIVE ARTIFICIAL INTELLIGENCE (“AI”).  FOR PURPOSES OF CLARITY, WHEN YOU INTERACT WITH THE AI FEATURES, YOU ARE INTERACTING WITH A GENERATIVE AI MODEL, NOT A HUMAN BEING. AI-GENERATED CONTENT MAY CONTAIN INACCURACIES, FABRICATIONS, OR MISLEADING INFORMATION. PLEASE REVIEW SECTION 2(K) CAREFULLY FOR IMPORTANT INFORMATION REGARDING THE LIMITATIONS AND RISKS OF AI-GENERATED CONTENT, INCLUDING THE RISK OF AI HALLUCINATIONS.

 

(1) Definitions

“AI Feature” means any feature, functionality, or component of the Services that incorporates, uses, depends on, or employs any AI Technology.

 

“AI Technology” means any and all machine learning, deep learning, and other artificial intelligence technologies, including statistical learning algorithms, models (including large language models), neural networks, and other artificial intelligence tools or methodologies, all software implementations of any of the foregoing, and related hardware or equipment capable of generating various types of content (including text, images, video, audio, or computer code) based on user-supplied prompts.

 

“Applicable Laws” means all applicable federal, state, local, and foreign laws, statutes, ordinances, treaties, regulations, rules, orders, directives, and guidance, including without limitation: (a) all laws relating to data privacy and security, including those governing the collection, use, storage, processing, transmission, and protection of Personal Information; (b) all laws relating to electronic communications, including the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act), the Telephone Consumer Protection Act (TCPA), and similar state laws; (c) all laws relating to intellectual property, including copyright, trademark, patent, and trade secret laws; (d) all laws relating to consumer protection, unfair or deceptive trade practices, and truth in advertising; (e) all laws relating to the use, deployment, or governance of AI Technology, including any disclosure, transparency, labeling, or notice requirements applicable to AI-generated content; (f) all export control laws and regulations, including the Export Administration Regulations, and all economic sanctions programs, including those administered by the Office of Foreign Assets Control (OFAC); and (g) all laws relating to electronic signatures and electronic transactions, including the Electronic Signatures in Global and National Commerce Act (ESIGN Act) and the Uniform Electronic Transactions Act (UETA).

 

“Coach Builder IP” means the Services and all intellectual property provided to users in connection with the foregoing. For the avoidance of doubt, Coach Builder IP does not include User Data. Coach Builder IP includes all modifications, enhancements, refinements, adaptations, customizations, improvements, and derivative works of the Services.

 

“Personal Information” means information that: (a) identifies or can be used to identify an individual (including, without limitation, names, signatures, addresses, telephone numbers, email addresses, and other unique identifiers); or (b) can be used to authenticate an individual (including, without limitation, employee identification numbers, government-issued identification numbers, passwords or PINs, user identification and account access credentials or passwords, financial account numbers, credit report information, student information, biometric, health, genetic, medical, or medical insurance data, answers to security questions, an individual’s internet activity or similar interaction history, inferences drawn from other personal information to create consumer profiles, geolocation data, an individual’s commercial, employment, or education history, and other personal characteristics and identifiers.

 

“Third-Party Products” means any products, technology, content, data, services, information, websites, or other materials that are owned by third parties and are included in, incorporated into, or accessible through the Services, including any third-party AI Technology.

 

“Training Data” means any and all information, data, materials, text, prompts, images, code, and other content that is used by or on behalf of Coach Builder to train, validate, test, retrain, or improve any AI Technology incorporated into or used with, in connection with, or in support of, the Services. For the avoidance of doubt, Training Data does not include User Data.

 

“User Data” means information, data, and other content, in any form or medium, that is submitted, entered, posted, or otherwise transmitted by or on behalf of a user through the Services, and any outputs based thereon or derived therefrom, including without limitation, User Input and User Output. User Data does not include Aggregated Statistics.

 

“User Input” means information, data, materials, text, prompts, images, works, code, or other content that is input, entered, posted, uploaded, submitted, transferred, or otherwise transmitted by or on behalf of a user through the Services.

 

“User Output” means information, data, materials, text, images, code, works, or other content generated by or otherwise output from the Services in response to User Input.

 

(2) Access to and Use of the Site and the Services

(a) Provision of Access. Subject to and conditioned on your payment of applicable Subscription Fees (as defined below) and compliance with these Terms, we hereby grant you a non-exclusive, non-transferable, limited, and revocable right to access and use the Services in accordance with the terms and conditions set forth herein.  Access to the Site and Services is restricted to registered Coaches and their Clients.  To use our Services, register an account, and/or sign up for a Subscription (as defined herein), you may be required to provide us with certain information so that we can verify your identity and provide full use of the Services.  You may be required to provide a credit, debit, charge card number, or other payment information, as well as other Personal Information, which will be maintained and used by us as permitted by these Terms and our Privacy Policy.

• By providing such information, you acknowledge and agree that we may, and you specifically authorize us or permitted third parties, to process all requests and transactions related to this Site and its operation, including without limitation Subscriptions and/or registration. You agree to pay all fees and charges, including Subscription Fees and applicable taxes and surcharges, incurred through your activity on or through the Site and/or through your account/profile.

 

(b) Registration and Security. You agree, represent, warrant, and guarantee that all Personal Information provided by you, either through our Site or when speaking to a Coach Builder representative over the phone, via e-mail, or through any other means is true, accurate, complete, up-to-date, and solely yours or, if you are a Coach entering a Client’s Personal Information on such Client’s behalf, that you have obtained all necessary permissions to do so.  You may not impersonate, imitate, or pretend to be somebody else when providing information.  When you create an account and subsequently log in, you will be asked to choose a password.   You are responsible for safeguarding and maintaining the confidentiality of your password, and you agree not to disclose your password to any third party.  You will be solely responsible for any activities or actions taken under your account, whether or not you have authorized such activities or actions.  You must notify us immediately if you know or suspect that any unauthorized person is using your password or your account (for example, your password has been lost or stolen, someone has attempted to use the Services or Site through your account without your consent or your account has been accessed without your permission).  We also recommend that you do not store your password through your web browser or other software. We strongly recommend that you do not use the Services or access the Site on any public computer.

 

(c) Limitations on Use. The Site may be used and accessed for lawful purposes only. You agree to abide by all Applicable Laws in connection with your use of the Site and its content. In addition, without limitation, you agree that you will not do any of the following, either directly or indirectly, while using or accessing the Site:

 

(i) in any manner transmit or submit any content to which you do not have the lawful right to copy, transmit, and display (including any content that would violate any confidentiality or fiduciary obligations that you might have with respect to the content);

 

(ii) in any manner transmit or submit any content or otherwise use the Services in a manner that infringes the intellectual property rights or violates the privacy rights of any third party (including, without limitation, copyright, trademark, patent, trade secret, or other intellectual property right, or moral right, or right of publicity);

 

(iii) in any manner transmit or submit harmful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, obscene, indecent, vulgar, lewd, violent, hateful, or otherwise objectionable content or material;

 

(iv) copy, reproduce, republish, upload, post, transmit, or distribute the Services, the Site, or any content thereof;

 

(v) share or sell information derived from or related to the Services, the Site, or any content thereon;

 

(vi) modify, translate, alter, adapt, decompile, disassemble (except to the extent Applicable Laws specifically prohibit such restriction), reproduce, distribute, or display, or create derivative works, compilations, or collective works based on the Services, the Site, or any content thereof;

 

(vii) knowingly or negligently permit other individuals or entities to use or copy the Services or “frame“ or ”mirror“ the Service on any other server or wireless or Internet-based device;

 

(viii) circumvent, disable, or otherwise interfere with security-related features on the Site or features that prevent or restrict use or copying of any content;

 

(ix) use the Services to collect or store Personal Information about other users, without obtaining their express and prior permission;

 

(x) knowingly include or use any false or inaccurate information in any user account;

 

(xi) in any way transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, “pyramid schemes,” or any other form of solicitation, as well as viruses or other computer code that may interrupt, destroy, limit the functionality of the Site, or interfere with the access of any other user to the Site;

 

(xii) attempt to probe, scan, or test the vulnerability of any system or network operated by us, or breach or impair or circumvent any security or authentication measures protecting the Site;

 

(xiii) attack the Site via a denial-of-service attack or a distributed denial-of-service attack or otherwise attempt to interfere with the proper working of the Site;

 

(xiv) transmit or upload any material to the Site that contains viruses, trojan horses, worms, time bombs, or any other harmful or deleterious programs;

 

(xv) attempt to decipher, decompile, disassemble, reverse engineer, or otherwise attempt to discover or determine the source code of any software or any proprietary algorithm used to provide the Site, in whole or in part;

 

(xvi) use the Site in any way that competes with us;

 

(xvii) access or use the Services or any User Output to develop, train, or improve any other AI Technology or a competing or similar product or services;

 

(xviii) remove any proprietary notices from the Services; or

 

(xix) encourage, collaborate, or instruct any other person or entity to do any of the foregoing.

 

ANY ATTEMPT TO DO ANY OF THE FOREGOING PROHIBITED ACTS OR TO OTHERWISE UNDERMINE THE OPERATION OF THE SERVICES OR SITE MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW.  SHOULD SUCH AN ATTEMPT BE MADE, WE RESERVE THE RIGHT, IN ADDITION TO OUR OTHER REMEDIES, TO SEEK DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL OR ENTITY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS.

 

We reserve the right, in our sole discretion, to audit or otherwise monitor any communication transmitted using the Site.  We further reserve the right at all times to review, retain, and/or disclose any information as necessary to satisfy any Applicable Laws, legal process, governmental request, or business assessment.  NOTWITHSTANDING THE FOREGOING, WE HEREBY DISCLAIM ANY OBLIGATION TO MONITOR USE OF THE SITE OR TO RETAIN THE CONTENT ON THE SITE UNLESS OTHERWISE AGREED OR REQUIRED BY APPLICABLE LAWS.

 

(d) Not Medical Services. Coach Builder is a software provider and is not a provider of healthcare or mental health services.  You acknowledge and agree that we are not a provider of healthcare or mental health services and that the Site and Services are not for the provision of healthcare.  You further acknowledge and agree that the Services are not intended or suitable for the provision, transmission, receipt, or other processing of protected health information (“PHI”) (as that term is defined by the Health Insurance Portability and Accountability Act (“HIPAA”)) and you shall not provide us, or use the Services to process or interact, with any PHI in any form or in any manner. You further acknowledge and agree that any information or User Output generated through the AI Features relating to health, wellness, or mental health topics is subject to the limitations and risks described in Section 2(k), including without limitation the risk of AI hallucination, and shall not be relied upon as a substitute for professional medical, mental health, or clinical advice.

 

(e) Not Financial Advice. Coach Builder is a software provider and is not a financial advisor, broker-dealer, investment advisor, tax advisor, accountant, or provider of any financial planning, investment, tax, or accounting services. You acknowledge and agree that we are not a provider of financial, investment, tax, or accounting advice and that the Site and Services are not for the provision of any such advice or services. Any information, content, or User Output made available through the Services, including without limitation through any AI Features, that relates to financial topics, budgeting, business planning, revenue projections, pricing strategies, or similar subjects is provided for general informational and educational purposes only and does not constitute financial, investment, tax, or accounting advice. You acknowledge and agree that such information and User Output should not be relied upon as a basis for making any financial, investment, tax, or business decisions. You are solely responsible for evaluating any financial information or User Output generated through the Services and for making your own independent financial, investment, tax, and business decisions. Coach Builder strongly encourages you to consult with a qualified financial advisor, certified public accountant, tax professional, or other appropriate licensed professional before making any financial or business decisions. You further acknowledge and agree that Coach Builder shall have no liability whatsoever for any financial losses, tax liabilities, penalties, or other damages arising from or related to your reliance on any information, content, or User Output provided through the Services. You further acknowledge and agree that any information or User Output generated through the AI Features relating to financial, investment, tax, or business topics is subject to the limitations and risks described in Section 2(k), including without limitation the risk of AI hallucination, and shall not be relied upon as a substitute for professional financial, investment, tax, or accounting advice.

 

(f) Aggregated Statistics. Notwithstanding anything to the contrary in these Terms, Coach Builder may monitor any user’s use of the Services and collect and compile data and information related to such use in an aggregated and anonymized manner, including to compile statistical and performance information related to the provision and operation of the Services (“Aggregated Statistics”). As between you and Coach Builder, all right, title, and interest in Aggregated Statistics, and all intellectual property rights therein, belong to and are retained solely by Coach Builder.  You agree that Coach Builder may use and make publicly available Aggregated Statistics to the extent and in the manner permitted under Applicable Laws; provided that such Aggregated Statistics do not identify any user.

 

(g) Updates and Outages. It may be necessary for us to perform scheduled or unscheduled repairs, maintenance, or upgrades, and such activities may temporarily degrade the quality of the Site or Services or result in a partial or complete outage of the Site or Services.  Coach Builder provides no assurance that you will receive advance notification of such activities or that the Site or Services will be uninterrupted or error-free.  Any degradation or interruption of the Site or Services will not give rise to a refund or credit of any fees paid by you, including, without limitation, any Subscription Fees.

 

(h) Special Provisions Applicable to Software. If you download or use our software, whether as a stand-alone software or SaaS product, app, or browser plugin, you agree that from time to time, the software may download and install upgrades, updates, and additional features from us in order to improve, enhance, and further develop the software.  You agree that you will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license, or we give you express written permission.

 

(i) Third-Party Products; Third-Party Links and Resources. The Services may incorporate or permit access to certain Third-Party Products. For purposes of these Terms,  these Third-Party Products are subject to their own terms and conditions.  We may add or remove Third-Party Products from time to time.  If you do not agree to abide by the applicable terms for any Third-Party Products, then you should not install, access, or use these Third-Party Products or any Services that include or incorporate these Third-Party Products.  We may make available, on the Site and as a part of the Services, links to third-party websites or resources from third parties.  We are not responsible or liable for the availability or accuracy of Third-Party Products or any such websites or resources, or the content, products, or services on or available from such websites or resources.  When we make available such third-party links or resources on the site or through the Services, you must look solely to the third party with respect to the content, products, or services they provide.  Unless otherwise stated, we do not endorse and are not responsible for any of the content, products, or services provided by others.  YOUR USE OF THE WEBSITES OR RESOURCES OF THIRD PARTIES IS AT YOUR OWN RISK.  WE ARE NOT LIABLE FOR ANY OF YOUR LOSSES ARISING OUT OF OR RELATING TO THE WEBSITES OR RESOURCES OF THIRD PARTIES.

 

Without limiting the generality of the foregoing, certain AI Features incorporated into the Services are powered by AI Technology provided by third-party providers (“Third-Party AI Providers”). In order to provide the AI Features, User Input may be transmitted to and processed by Third-Party AI Providers for the purpose of generating User Output. By using the AI Features, you expressly consent to the transmission and processing of your User Input by Third-Party AI Providers as described herein. Coach Builder contractually requires its Third-Party AI Providers not to use User Input or User Output to train, retrain, fine-tune, validate, or otherwise improve their AI models; however, Coach Builder does not own or control the systems or practices of Third-Party AI Providers and makes no representation or warranty regarding the data handling practices or security measures of any Third-Party AI Provider. Your use of the AI Features may be subject to additional terms or acceptable use policies imposed by Third-Party AI Providers, and you agree to comply with all such applicable terms. You should not submit any sensitive Personal Information through the AI Features, and Coach Builder shall not be liable for any unauthorized access to or disclosure of sensitive Personal Information that is transmitted to or processed by Third-Party AI Providers. COACH BUILDER MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WITH RESPECT TO ANY THIRD-PARTY AI PROVIDER OR ANY AI TECHNOLOGY PROVIDED BY A THIRD-PARTY AI PROVIDER, AND YOUR USE OF AI FEATURES THAT RELY ON THIRD-PARTY AI TECHNOLOGY IS AT YOUR SOLE RISK.

 

(j) Reliance on Information Posted. We reserve the right to modify the Site in our sole discretion and without notice. We will not be liable if, for any reason, any part of the Site or the entirety of the Site is unavailable for any period of time.  Periodically, we may restrict access to portions of the Site or the entirety of the Site.  We may make these modifications at any time and for any reason without prior notice.  You assume any and all risk for decisions based on information contained within the Site.  The information presented on or through the Site is made available solely for general information purposes.  We do not warrant the accuracy, completeness, or usefulness of this information.  Any reliance you place, or decisions you make, on such information is strictly at your own risk.  We disclaim all liability and responsibility arising from any reliance placed on the materials of this Site by you or any other user of the Site, or by anyone who may be informed of any of their contents.

 

(k) AI Hallucination Risk; Accuracy of AI Features.

 

(i) Nature of Generative AI. The AI Features incorporated into the Services utilize generative AI Technology, which generates User Output by predicting probable responses based on patterns in training data. Generative AI Technology does not possess knowledge, understanding, or judgment, and does not verify the accuracy of the content it generates. As a result, AI Features may produce User Output that appears plausible but is factually incorrect, incomplete, misleading, internally inconsistent, or fabricated. This phenomenon is commonly known as “AI hallucination.”

 

(ii) Specific Risks. Without limiting the generality of the foregoing or any disclaimers set forth elsewhere in these Terms, you acknowledge and agree that User Output generated through the AI Features may:

 

(A) contain factual errors, fabricated information, or fictitious references, including fabricated citations to publications, studies, statistics, legal authorities, or other sources that do not exist;

 

(B) present inaccurate, outdated, or incomplete information as though it were accurate, current, and complete;

 

(C) reflect biases present in the underlying Training Data or AI Technology, including cultural, demographic, or ideological biases;

 

(D) generate responses that are inconsistent with prior User Output, even when based on the same or similar User Input;

 

(E) fail to account for context, nuance, or the specific circumstances of your situation, including your individual coaching needs, business circumstances, or personal objectives; and

 

(F) produce content that, if relied upon without independent verification, could result in financial loss, reputational harm, damage to personal or professional relationships, or other adverse consequences.

 

(iii) Your Responsibility. You are solely responsible for independently verifying the accuracy, completeness, appropriateness, and suitability of all User Output before using, relying upon, distributing, or acting on such User Output. You agree that you will not use any User Output as a sole or primary basis for making decisions that could have material financial, legal, medical, professional, personal, or other significant consequences without first consulting with an appropriately qualified professional. Coach Builder strongly encourages all users to treat User Output as a starting point for further inquiry and not as a definitive or authoritative source of information.

 

(iv) No Liability for AI Hallucinations. COACH BUILDER SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGES, LOSSES, COSTS, OR EXPENSES ARISING FROM OR RELATED TO AI HALLUCINATIONS OR ANY OTHER INACCURACY, ERROR, OMISSION, FABRICATION, OR MISLEADING CONTENT IN ANY USER OUTPUT, WHETHER OR NOT YOU WERE AWARE OF THE RISK OF SUCH INACCURACIES AT THE TIME OF USE. THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS SOUGHT, INCLUDING WITHOUT LIMITATION, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE. WITHOUT LIMITING THE FOREGOING, TO THE EXTENT ANY LIABILITY IS FOUND TO EXIST NOTWITHSTANDING THIS DISCLAIMER, SUCH LIABILITY SHALL BE SUBJECT TO THE LIABILITY CAP SET FORTH IN SECTION 11(b).

 

(l) Reservation of Rights. Coach Builder reserves all rights not expressly granted to you in these Terms.  Except for the limited rights and licenses expressly granted under these Terms, nothing herein grants, by implication, waiver, estoppel, or otherwise, to any user or any third party, any intellectual property rights or other right, title, or interest in or to the Coach Builder IP or Third-Party Products.

 

(3) User Responsibilities.

 

(a) Acceptable Use. The Services may not be used for unlawful, fraudulent, offensive, or obscene activity.  You shall comply with all terms and conditions of these Terms and all Applicable Laws.

 

(b) Account Use. You are responsible and liable for all access or visitation to or usage of the Services resulting from access provided by you, directly or indirectly, whether that access or use is permitted by or in violation of these Terms.

 

(c) Use of User Output. You are solely responsible for (i) evaluating (including by human review) all User Output for accuracy, completeness, and other factors relevant to your use thereof before using, distributing, or relying on the User Output, taking into account the inherent risks and limitations of AI-generated content described in Section 2(k), including without limitation the risk of AI hallucination, and (ii) your decisions, actions, and omissions in reliance or based on the User Output.

 

(d) Your Security. You are responsible for implementing sufficient procedures and security mechanisms to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to and separate from this Site to reconstruct any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or any third-party website linked to it.  Some jurisdictions do not allow us to exclude warranties in these ways, so it is possible that these exclusions will not apply to our agreement with you.  In such event, the exclusions shall apply to the fullest extent permitted under Applicable Laws.

 

(e) Compliance with Laws. You shall comply with all Applicable Laws in connection with your access to and use of the Site and the Services. You are solely responsible for determining which Applicable Laws apply to your use of the Services and for ensuring your compliance therewith. Coach Builder makes no representation that the Services are appropriate or available for use in any particular jurisdiction, and your use of the Services from any jurisdiction where such use is prohibited or restricted is at your sole risk.

 

4. Additional Responsibilities for Coaches.

 

(a) Coaches have and will retain sole responsibility for: (i) all User Data, including without limitation, all Personal Information, entered by a Coach on behalf of itself or any of its Clients; (ii) all information, instructions, communications, and any other materials provided by a Coach to its Clients directly or indirectly through the Services, including without limitation, any User Output; (iii) all access to and use of the Services directly or indirectly by the Coach, whether on behalf of itself or any of its Clients.

 

(b) Coach Builder is not responsible for any Coach’s compliance with applicable data security practices or privacy policies. Each Coach shall ensure that all User Data entered on behalf of itself or any of its Clients are being utilized and shared in accordance with all Applicable Laws, including without limitation, those relating to data privacy and security.

 

5. Agreements and Electronic Signature Services.

 

(a) Agreement Generation and E-Signature Features. The Services may include certain electronic signature functionality that enables Coaches to create, review, execute, manage, and store agreements electronically through the Site (collectively, the “E-Signature Services”), including without limitation, the following features:

 

(i) Pre-drafted agreement templates, sample language, or AI-generated agreement content, which may be authored by third parties, generated through AI Features, or a combination thereof;

 

(ii) Agreement drafting, editing, and customization tools;

 

(iii) A centralized repository through which Coaches and their Clients may access, view, and manage their agreements;

 

(iv) Version histories for each agreement;

 

(v) E-signature verification steps designed to capture certain identifying information, including identity credentials of the signee, date and time of signature, and the signee’s IP address;

 

(vi) Downloadable PDF versions of executed agreements; and

 

(vii) Notifications related to the status of an agreement;

 

(b) Disclaimer. THE E-SIGNATURE SERVICES, INCLUDING ANY USER OUTPUT RELATED THERETO, IS PROVIDED FOR INFORMATIONAL AND CONVENIENCE PURPOSES ONLY AND DOES NOT CONSTITUTE LEGAL ADVICE. THE E-SIGNATURE SERVICES ARE GENERAL IN NATURE AND ARE NOT TAILORED TO ANY COACH’S SPECIFIC BUSINESS, JURISDICTION, PRACTICE AREA, REGULATORY ENVIRONMENT, OR CLIENT RELATIONSHIPS.

 

COACHES ARE SOLELY RESPONSIBLE FOR REVIEWING, CUSTOMIZING, AND ENSURING THE LEGAL SUFFICIENCY AND ACCURACY OF ALL USER OUTPUT, INCLUDING WITHOUT LIMITATION, ANY AGREEMENT THEY PRESENT TO A CLIENT OR ANY OTHER PERSONS, WHETHER BASED ON THE E-SIGNATURE SERVICES OR OTHERWISE RELATED TO THE USE OF THE SERVICES. COACH BUILDER DOES NOT REPRESENT OR WARRANT THAT ANY CONTENT, INFORMATION, OR MATERIALS GENERATED THROUGH THE E-SIGNATURE SERVICES IS COMPLETE, ACCURATE, CURRENT, OR SUITABLE FOR ANY PARTICULAR PURPOSE, TRANSACTION, OR JURISDICTION.

 

COACHES ARE STRONGLY ENCOURAGED TO CONSULT WITH A QUALIFIED ATTORNEY BEFORE USING, MODIFYING, OR RELYING UPON ANY CONTENT OR MATERIALS GENERATED THROUGH THE E-SIGNATURE SERVICES. USE OF THE E-SIGNATURE SERVICES IS ENTIRELY AT THE COACH’S OWN RISK.

 

WITHOUT LIMITING THE FOREGOING, ALL USER OUTPUT GENERATED THROUGH THE E-SIGNATURE SERVICES IS SUBJECT TO THE RISKS AND LIMITATIONS DESCRIBED IN SECTION 2(k), INCLUDING WITHOUT LIMITATION THE RISK OF AI HALLUCINATION. COACHES ACKNOWLEDGE THAT AI-GENERATED AGREEMENT CONTENT MAY CONTAIN FABRICATED, INACCURATE, OR LEGALLY INSUFFICIENT TERMS AND PROVISIONS AND MUST BE INDEPENDENTLY REVIEWED AND VERIFIED BEFORE USE. TO THE EXTENT ANY LIABILITY ARISES FROM OR IN CONNECTION WITH THE E-SIGNATURE SERVICES OR ANY USER OUTPUT RELATED THERETO, SUCH LIABILITY SHALL BE SUBJECT TO THE LIABILITY CAP SET FORTH IN SECTION 11(b) AND THE OTHER LIMITATIONS SET FORTH IN SECTION 11.

 

(6) Subscriptions and Fees; Cancellation.

 

(a) Subscriptions. When you purchase or otherwise sign up for a subscription to the Services (“Subscription”), you will have the ability to view content within the Site and use all features contained therein, as applicable to your role as a Coach or Client.  Your enrollment in a Subscription provides access to one user only.

 

(b) Subscriptions and Fees for Coaches. Coaches may access the Services through a paid subscription plan for the monthly subscription fees as described on the Site (“Subscription Fees”), without offset or deduction. Unless otherwise specified, all Subscription Fees will be charged in U.S. dollars.  We may change the Subscription Fees at any time without notice.  All Subscriptions for Coaches will commence on the date you are first charged and will automatically renew each month unless you cancel your Subscription through the Services.  If you fail to make any payment of the applicable Subscription Fees when due, without limiting our other rights and remedies, we may suspend your access to your account or any portion of the Services until such amounts are paid in full.  All Subscription Fees and other amounts payable by Coaches under these Terms are exclusive of taxes and similar assessments.  You are responsible for all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, state, or local governmental or regulatory authority on any amounts payable by you hereunder, other than any taxes imposed on Coach Builder’s income.

 

(c) Subscriptions and Fees for Clients. Coaches may or may not elect to charge their Clients a fee to access and use the Site and Services.  Coaches are responsible for communicating any such applicable fees to their Clients and for collecting all such fees.  Coach Builder shall have no responsibility for the payment or collection of any fees charged by Coaches to their Clients.

 

(d) Suspension. Notwithstanding anything to the contrary in these Terms, Coach Builder may temporarily suspend any user, and Coaches may temporarily suspend any of their Clients, from accessing any portion or all of the Services at any time and for any reason. Coach Builder shall have no liability for any damages, liabilities, losses (including any loss of data or profits), or any other consequences that a user may incur as a result of such a suspension.

 

(e) Cancellation, Termination, and Account Deletion. You may cancel your account at any time through your account settings within the Services or by contacting us at hello@coachbuilder.com. If you cancel your account as a Coach (or if you are a Client and your Coach cancels their respective account), you will be able to access the Site and all content within your account until the end of your then-current Subscription Fees billing cycle. If you cancel your account as a Client, you may lose access to the Site and all content within your account immediately upon cancellation. Once your Subscription is cancelled, you will lose access to all features of the Services. Notwithstanding anything herein to the contrary, we reserve the right to suspend or terminate your account at any time if, in our sole and absolute discretion, you breach or otherwise fail to comply with these Terms or otherwise access or use the Services in any way contrary to, or inconsistent with, these Terms and/or Applicable Laws.  In addition, Coach Builder may terminate an account at any time in its sole discretion, and a Coach may cancel a Client’s account at any time in the Coach’s sole discretion.  If your account is canceled for any reason, you will not be entitled to a refund of any Subscription Fees or other amounts already paid.  Within thirty (30) days following cancellation or termination of an account, Coach Builder may permanently delete all of your data from the Services and all systems in our control, unless otherwise required by Applicable Laws.

 

7. Intellectual Property Ownership; Feedback; DMCA.

 

(a) Intellectual Property. The Site, including all text, images, designs, graphics, content, source code, object code, data, features, functionality (including but not limited to all information, software, displays, enablement of video and audio, and the design, selection, and arrangement thereof) (collectively, “Content”) are owned by us, our licensors, or other providers of such materials.  You will not acquire any intellectual property rights in or to the Services, Site, or Content by your use of the Services or Site.  For purposes of clarity, Content does not include User Data.  When you use our Services or the Site, you may access intellectual property rights that we, our licensors, or third parties own or license.  You may not use, copy, adapt, modify, prepare derivative works based on, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Services or Content except as expressly permitted by these Terms without our express prior written consent.  The Content is protected by United States copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.  No licenses or other rights are granted to you by implication or otherwise under any intellectual property rights owned by us or our licensors, except for any licenses and rights expressly granted in these Terms.

 

(b) User Data 

(i) As between you and Coach Builder, you own all right, title, and interest in and to the User Input, subject to the license granted herein. You hereby grant to Coach Builder a non-exclusive, royalty-free, worldwide license to: (i) reproduce, distribute, and otherwise use and display the User Input and process the User Input as may be necessary for us to provide the Services; and (ii) use the User Input to enhance or improve the Services, solely for our own business purposes.

 

(ii) As between you and Coach Builder, Coach Builder owns all right, title, and interest in and to the User Output, subject to the license granted herein. Coach Builder hereby grants to you a non-exclusive, royalty-free, worldwide limited license to reproduce, distribute, and otherwise use and display the User Output solely in connection with your use of the Services, subject to the terms and conditions set forth herein.

(iii) For purposes of clarity, Coach Builder does not use User Data as Training Data for the AI Features. Notwithstanding anything in these Terms to the contrary, unless prohibited by Applicable Laws, we may delete User Data at any time if we determine that User Data violates these Terms or that deletion is necessary to comply with Applicable Laws. For information regarding the transmission of User Data to Third-Party AI Providers, see Section 2(i).

 

(c) Feedback. If you send or transmit any communications or materials to us by mail, email, telephone, or otherwise, suggesting or recommending changes to the Services, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (“Feedback”), we are free to use that Feedback.  All Feedback is and will be treated as non-confidential.  You hereby assign to us on your behalf all right, title, and interest in, and we are free to use, without any attribution or compensation to you or any third party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although we have no obligation to acknowledge receipt of or use any Feedback.

 

(d) Materials You Post on our Site and our Compliance with the DMCA. You may not violate the intellectual property rights of others, including, without limitation, using the Site or the Services to infringe upon the copyright, trademark, trade secret, or patent rights of any other party.  If any party alleges intellectual property right infringement against a user of our Services, we reserve the right to terminate or suspend any allegedly infringing account, conduct our own investigation, and comply with any applicable copyright, trademark, trade secret, or patent law, such as the Digital Millennium Copyright Act (“DMCA”), the Lanham Act, and other Applicable Laws.  If you believe that a user of the Services is violating your copyright rights, PLEASE CONTACT US IMMEDIATELY, in accordance with our DMCA Policy, outlined here.

 

8. User Warranties. You represent, warrant, and covenant that you own or otherwise have and will have all necessary rights, permissions, and consents in and relating to all User Input so that, as received by us and processed in accordance with these Terms, it does not and will not infringe, misappropriate, or otherwise violate any intellectual property rights, or any privacy or other rights of any third party or violate any Applicable Laws.

 

9. Warranty Disclaimer. WE MAKE NO GUARANTEES OF SUCCESS BY USING OUR SITE, SERVICES, AND/OR CONTENT. THE SITE, SERVICES, AND USER OUTPUT ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND.  COACH BUILDER, TOGETHER WITH ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES, HEREBY SPECIFICALLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, COURSE OF PERFORMANCE, OR TRADE PRACTICE.  COACH BUILDER MAKES NO WARRANTY OF ANY KIND THAT THE SERVICES, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, INCLUDING ANY USER OUTPUT, WILL MEET YOUR OR ANY OTHER PERSON’S OR ENTITY’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY OF YOUR OR ANY THIRD PARTY’S SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, RELIABLE, TIMELY, AVAILABLE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

 

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE DISCLAIMERS SET FORTH IN THIS SECTION 9 APPLY TO ALL AI FEATURES, INCLUDING THOSE POWERED BY THIRD-PARTY AI PROVIDERS, AS DESCRIBED IN SECTION 2(I).

 

WE MAKE NO REPRESENTATIONS CONCERNING, AND DO NOT GUARANTEE, THE ACCURACY OR AVAILABILITY OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE USER OUTPUT AND ANY OTHER CONTENT OR INFORMATION PROVIDED THROUGH THE SITE OR SERVICES OR THEIR APPLICABILITY TO YOUR INDIVIDUAL CIRCUMSTANCES.  OUR SERVICES AND CONTENT ARE DEVELOPED FOR USE IN THE UNITED STATES, AND WE AND OUR LICENSORS AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTY CONCERNING THE SERVICES OR CONTENT WHEN THEY ARE USED IN ANY OTHER COUNTRY.

 

YOU ACKNOWLEDGE THAT, GIVEN THE NATURE OF THE SERVICES AND AI TECHNOLOGY, USER OUTPUT (I) MAY BE INACCURATE, MISLEADING, BIASED, OR OFFENSIVE, (II) MAY BE THE SAME AS OR SIMILAR TO OUTPUT THE SERVICES GENERATE FOR OTHER USERS, (III) MAY NOT QUALIFY FOR INTELLECTUAL PROPERTY PROTECTION, (IV) MAY BE SUBJECT TO THIRD PARTY TERMS, INCLUDING, AS APPLICABLE, OPEN SOURCE LICENSES, AND (V) DO NOT NECESSARILY REFLECT, AND MAY BE INCONSISTENT WITH, COACH BUILDER’S AND THIRD-PARTY PROVIDERS’ VIEWS.  WITHOUT LIMITING THE FOREGOING, THE RISKS AND LIMITATIONS DESCRIBED IN SECTION 2(k), INCLUDING WITHOUT LIMITATION THE RISK OF AI HALLUCINATION, APPLY TO ALL USER OUTPUT AND ALL AI FEATURES. COACH BUILDER MAKES NO REPRESENTATION OR WARRANTY THAT ANY USER OUTPUT WILL BE FREE FROM HALLUCINATIONS, FABRICATIONS, ERRORS, OR INACCURACIES.

 

IT IS YOUR SOLE RESPONSIBILITY TO DOWNLOAD OR OTHERWISE SAVE ANY USER OUTPUT.  WE DO NOT WARRANT THAT THE USER OUTPUT WILL BE SECURE OR NOT OTHERWISE LOST OR ALTERED.  YOU ACCEPT AND AGREE THAT YOUR USE OF ANY USER OUTPUT IS AT YOUR SOLE RISK, AND YOU WILL NOT RELY ON SUCH USER OUTPUT AS A SOLE SOURCE OF TRUTH OR FACTUAL INFORMATION, OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE.

 

SOME JURISDICTIONS DO NOT PERMIT US TO EXCLUDE WARRANTIES IN THESE WAYS, SO IT IS POSSIBLE THAT THESE EXCLUSIONS WILL NOT APPLY TO OUR AGREEMENT WITH YOU. IN SUCH EVENT, THE EXCLUSIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAWS.  TO THE EXTENT ANY WARRANTY DISCLAIMER SET FORTH IN THIS SECTION 9 IS FOUND TO BE UNENFORCEABLE AND DAMAGES ARE AWARDED, SUCH DAMAGES SHALL BE SUBJECT TO THE LIABILITY CAP SET FORTH IN SECTION 11(b).

 

10. Indemnification. You will indemnify, defend, and hold harmless Coach Builder, our licensors and affiliates, and our and their respective directors, officers, employees, contractors, agents, and representatives, from and against any and all claims, causes of action, demands, liabilities, losses, costs, or expenses (including, but not limited to, reasonable attorneys’ fees and expenses) arising out of, in connection with, or resulting from:

 

(a) Your access to or use of the Site, including without limitation, the Services and Content;

 

(b) Your violation of any provision of these Terms, including all other documents and terms referenced herein;

 

(c)Any activity related to your account by you or any other person accessing the Services through your account, including without limitation, negligent or wrongful conduct;

 

(d) Your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right;

 

(e) Any dispute between a Coach and Client related to User Output;

 

(f) Your violation of Applicable Laws; or

 

(g) Your use of or reliance on any User Output, including without limitation any User Output that contains inaccuracies, fabrications, or AI hallucinations, or your failure to independently verify any User Output as required by these Terms, including Section 2(k) and Section 3(c).

 

For the avoidance of doubt, your indemnification obligations under this Section 10 are independent of, and not subject to, the Liability Cap or any other limitation of liability set forth in Section 11.  These indemnification obligations apply to your access to and use of the Site, the Content, and the Services, and your use of any information obtained from the Site or any information you provide to the Site.

 

We reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

 

11. Limitations of Liability.

 

(a) Exclusion of Indirect Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT WILL COACH BUILDER, ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, LICENSORS, OR AFFILIATES (COLLECTIVELY, THE “COACH BUILDER PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, CLINICAL OUTCOMES, OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SITE, THE SERVICES, THE CONTENT, OR ANY USER OUTPUT, REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH DAMAGES ARE SOUGHT (INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE) AND REGARDLESS OF WHETHER COACH BUILDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOR THE AVOIDANCE OF DOUBT, THE EXCLUSION OF DAMAGES SET FORTH IN THIS SECTION 11 INCLUDES, WITHOUT LIMITATION, ANY DAMAGES ARISING FROM OR RELATED TO AI HALLUCINATIONS OR OTHER INACCURACIES IN USER OUTPUT, AS FURTHER DESCRIBED IN SECTION 2(k).

 

(b) Cap on Direct Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, THE AGGREGATE LIABILITY OF THE COACH BUILDER PARTIES FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SITE, THE SERVICES, THE CONTENT, OR ANY USER OUTPUT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF: (I) THE TOTAL AMOUNT OF SUBSCRIPTION FEES AND OTHER FEES ACTUALLY PAID BY YOU TO COACH BUILDER DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (II) FIFTY DOLLARS ($50.00) (THE “LIABILITY CAP”).

 

(c) Applicability. THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THIS SECTION 11 SHALL APPLY: (I) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE, OR OTHERWISE; (II) EVEN IF A COACH BUILDER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (III) EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

 

(d) Exceptions. NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS SECTION 11 SHALL LIMIT: (I) YOUR INDEMNIFICATION OBLIGATIONS UNDER SECTION 10; (II) LIABILITY OF ANY COACH BUILDER PARTY FOR SUCH PARTY’S OWN FRAUD, WILLFUL MISCONDUCT, OR GROSS NEGLIGENCE; (III) LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE TO THE EXTENT SUCH LIABILITY CANNOT BE LIMITED UNDER APPLICABLE LAWS; OR (IV) ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAWS.

 

(e) Acknowledgment. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 11 ARE AN ESSENTIAL ELEMENT OF THE AGREEMENT BETWEEN YOU AND COACH BUILDER AND THAT, IN THE ABSENCE OF SUCH LIMITATIONS, THE TERMS AND CONDITIONS OF THESE TERMS, INCLUDING WITHOUT LIMITATION THE ECONOMIC TERMS, WOULD BE SUBSTANTIALLY DIFFERENT.

 

(f) Limitation Period. NO CAUSE OF ACTION, REGARDLESS OF FORM, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE SERVICES MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER SUCH CAUSE OF ACTION HAS ACCRUED.

 

(g) Jurisdictional Limitations. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH IN THIS SECTION 11. IN SUCH JURISDICTIONS, THE LIABILITY OF THE COACH BUILDER PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS.

 

12. Our Compliance with COPPA. THE SITE IS NOT INTENDED FOR USERS WHO ARE YOUNGER THAN THIRTEEN (13) YEARS OF AGE. You can learn more about our compliance with the Children’s Online Privacy Protection Act (“COPPA”) by reviewing our Privacy Policy here. Moreover, if you are under 18 years of age, you should not provide any Personal Information on our Site without the knowledge and permission of your parent or guardian.

 

13. Governing Law and Venue. These Terms shall be construed, governed, and enforced under the laws of the United States and the State of Tennessee (without regard to rules governing conflict of laws). You agree that venue for all actions, relating in any manner to this Terms of Use, shall be in a federal or state court of competent jurisdiction located in Nashville, Davidson County, Tennessee.  Each party to these Terms waives any objection based on forum non conveniens and waives any objection to venue of any action instituted hereunder to the extent that an action is brought in the courts identified above.

 

14. Severability and Waiver. If any provision hereof is declared invalid by a court of competent jurisdiction, such provision shall be ineffective only to the extent of such invalidity so that the remainder of that provision and all remaining provisions will continue in full force and effect. No waiver by us of any term or condition set forth herein shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Coach Builder in writing.

 

15. Relationship.No joint venture, partnership, employment, or agency relationship exists between you and Coach Builder as a result of these Terms or your use of the Site or Services.

 

16. Force Majeure. Coach Builder will not be liable to any user for any failure or delay in performing any of its obligations under these Terms during any period in which such performance is prevented, hindered, or delayed by circumstances beyond its reasonable control (“Force Majeure Event”), including without limitation: fire; flood; earthquake; hurricane; tornado; or other natural disaster; epidemic; pandemic; public health emergency; quarantine; act of God; war (whether declared or undeclared); armed conflict; terrorism; cyber-attack; sabotage; riot; civil unrest; insurrection; revolution; blockade; embargo; sanction; trade restriction; strike; lockout; labor dispute; shortage of labor, materials, equipment, or transportation; interruption or failure of utility services (including electrical power, gas, water, or telecommunications); failure, degradation, or unavailability of the Internet, cloud infrastructure, hosting services, or third-party technology platforms (including Third-Party AI Providers); action or inaction of any governmental, regulatory, or quasi-governmental authority, including the adoption of any law, regulation, order, directive, or guidance; national or regional emergency; supply chain disruption; or any other event or circumstance beyond Coach Builder’s reasonable control, whether similar or dissimilar to any of the foregoing. During any Force Majeure Event, Coach Builder’s obligations under these Terms shall be suspended to the extent and for the duration that such obligations are affected by the Force Majeure Event. Any such delay or failure in performance shall not constitute a breach of these Terms, and no refund, credit, or other compensation shall be due to any user on account of any such delay or failure. Coach Builder shall use commercially reasonable efforts to resume performance as promptly as practicable following the cessation of the Force Majeure Event.

 

17. Changes to the Terms of Use. We will make changes to these Terms from time to time.  The date that these Terms were last revised is identified at the top of the page.  You are responsible for ensuring that you periodically visit our Site and these Terms to check for any changes.  Your continued use of the Site and Services will constitute acceptance of, and agreement to, the revised Terms.

 

18. Headings. The headings used herein are for convenience only and will not limit or otherwise affect the interpretation of these Terms.

 

19. Entire Agreement. These Terms, together with our Privacy Policy, comprise the entire agreement between you and Coach Builder and supersede all prior or contemporaneous negotiations, discussions, or agreements, whether written or oral, between you and Coach Builder regarding such subject matter. BY USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, AND YOU AGREE TO BE BOUND BY ALL APPLICABLE TERMS AND CONDITIONS AS THEY MAY BE AMENDED FROM TIME TO TIME.

 

20. Contact Us.

To ask questions or comment about these Terms, you may contact us at:

 

Website Link: CoachBuilder.com/Contact

 

E-mail Address: hello@coachbuilder.com

 

Mailing Address:

Coach Builder LLC

1009 51^st Ave N

Nashville, TN 37209