Terms of Use

Welcome to PutMeNCoach.com, the following are the rules or “terms” that govern use of the PutMeNCoach.com Web site (“Site”). By using or visiting the Site, you expressly agree to be bound by these terms and to follow these terms and all applicable laws and regulations governing the Site. PMNC Incorporated and PutMeNCoach.com (collectively PMNC) reserve the right to change these terms at any time, effective immediately upon posting on the Site.

Accordingly, you should visit this web site from time to time to review the then-current and effective terms and conditions because they are binding on you. Certain provisions such as these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages at this web site. No delay or failure to take action under such terms and conditions will constitute a waiver by PMNC unless expressly waived in writing by a duly authorized officer of PMNC. If you violate these Terms of Use, PMNC may terminate your use of the Site, bar you from future use of the Site, and/or take appropriate legal action against you.

PERMITTED USE

You agree that you are only authorized to visit, view and to retain a copy of pages of this Site for your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on this Site for any purpose other than personal use. The content and software on this Site is the property of PMNC and/or its suppliers and is protected by U.S. and international copyright laws. We post a legal notice and various credits on pages of the Site, which may not be removed. Please do not remove this notice or these credits, or additional information contained along with the notices and credits.

USER CONTRIBUTION TO THE SITE

PMNC is not liable or responsible for any content provided by its user or other third parties to the Site. The contributions of third parties do not necessarily represent the views or opinions of PMNC. PMNC cannot preview user content before it appears. Users can be held liable for any illegal or prohibited user content they provide to the Site, including among other things, infringing, and defamatory or offensive materials. If you discover this kind of material on the Site, please notify us at legal@PutMeNCoach.com. We will investigate your claim and may then take the actions deemed appropriate.

PROHIBITED CONTENT

The following is a partial list of the kind of content, which is illegal or prohibited on the Site. It includes, but not limited to, content that: 1. Is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; 2.Could be harmful to minors; 3. Harasses or advocates harassment of another person; 4.Involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”; 5.Promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; 6.Promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, or providing information to circumvent manufacture-installed copy-protect devices; 7.Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page); 8.Displays pornographic or sexually explicit material of any kind; 9.Provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; 10.Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; 11.Solicits passwords or personal identifying information for commercial or unlawful purposes from other users; 12.Engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.

OFFLINE CONDUCT

Although PMNC can not monitor the conduct of its users off the Site, it is also a violation of these rules to use any information obtained from this Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any user without their prior explicit consent.

COMMERCIAL USE

The bulletin board, chat room, and other areas of this Site may not be used by our visitors for any commercial purposes. You must obtain our prior written consent to make commercial offers of any kind, whether by advertising, solicitations, links, or any other form of communication. We will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Site and barring such violators from use of the Site.

GIFTS

PMNC plans on running various contests in which members will be eligible to win gifts which may include, gift cards, sports cards, signed memorabilia, sporting event tickets, scholarships and other items. Please check out our “N”ews icon periodically for announcements about upcoming contests.

COOKIES

A cookie is a piece of data stored on the user’s hard drive containing information about the user. Usage of a cookie is in no way linked to any personally identifiable information while on our site. We may use cookies to store the user’s name and athletic profile information. We may occasionally use cookies to anonymously track and target the interests of our users to enhance their experience on our site, for advertising tracking purposes, or to allow enhanced capabilities such as chat rooms. We do not and will not use cookies to collect private information from a user. Additionally, we do not sell, rent, share, trade or give away any of your personal information except to the financial institution that processes your credit card transaction, unless required by law or for the protection of your membership.

ACCESS AND INTERFERENCE

You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained thereon or for any other unauthorized purpose without our prior express written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the PMNC web site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your own person, non-commercial use) from our web site without the prior expressed written permission of PMNC.

UNAUTHORIZED USE OF THE SITE

Illegal and/or unauthorized uses of the Site, including, but not limited to, unauthorized framing of or linking to the Site, or unauthorized use of any robot, spider or other automated devise on the Site, will be investigated and appropriate legal action will be taken, including without limitation civil, criminal and injunctive redress.

VIOLATION OF THE TERMS

You understand agree that in PMNC’s sole discretion, and without prior notice, PMNC may terminate your access to the Site, if PMNC believes that the user content you provided has violated or is inconsistent with these Terms of Use, violated the rights of PMNC, another user, or the Law. You agree that monetary damages may not provide a sufficient remedy to PMNC for violations of these terms and conditions and you consent to injunctive or other equitable relief for such violations. PMNC may release user information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address an unlawful or harmful activity. PMNC is not required to provide any refund to you if you are terminated as a user because you have violated these terms of use. For additional information about how we handle copyright infringements on the Site, please see our Copyright Policy below.

PRIVACY

We believe that your privacy and the privacy of all our users are important. Please review our Privacy Policy, which applies to all information you supply to PMNC on the Site. If you post any original content other than specific user information to the Site, by electronic mail or otherwise, we will treat it as non-confidential and non-proprietary to you. By posting it to the Site, you authorize us to use or allow others to distribute, reproduce or otherwise use the content. PMNC is not liable for any lost data resulting from the operation of our Site and/or the enforcement of the terms. We urge all users to maintain their own back up versions of any content they submit to the Site. Other than in your registration form, or when entering a contest on the Site that is sponsored by us, you should not post information about yourself on the Site that can be used to identify you, your home or work address, phone numbers, pagers, email address or other such personal information. PMNC cannot prevent such information from being used in a manner that violates these rules, the Law, or your personal privacy and safety. By posting such information on the Site, you violate these terms of use and you assume the risks and sole liability for the results of such posting.U.S.

EXPORT CONTROLS

Software from this Site is subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any Country to which the U.S. has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

COPYRIGHT POLICY

We will terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a licensed express consent, valid defense or fair use exemption to do so. In particular, users who submit content to this Site, whether in the form of articles, images, stories, software or other copyrightable material must ensure that the content they upload does not infringe the copyrights or other rights of third parties (such as privacy or publicity rights). After proper notification, by the copyright holder or its agent, to us and confirmation through court order or admission by the user that they have used this Site as an instrument of unlawful infringement, we will terminate the infringing user’s rights to use and/or access to this Site. We may, also in our sole discretion, decide to terminate a user’s rights to use or access to the Site prior to that time if we believe that the alleged infringement has occurred.

LIABILITY DISCLAIMER

PMNC DOES NOT PROMISE THAT THE SITE WILL BE ERROR-FREE, UNINTERRUPTED, NOR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE SITE OR ANY CONTENT, SEARCH OR LINK ON IT. PMNC AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE PMNC SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. PMNC AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT. PMNC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. PMNC MAKES NO GUARANTEES OF ANY SPECIFIC RESULT FROM USE OF THIS SITE OR USE OF THE PMNC SERVICE. PMNC DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTY USERS, PMNC USERS, ADVERTISERS AND/OR SPONSORS ON THE SITE, IN CONNECTION WITH THE PMNC SERVICE OR OTHERWISE RELATED TO YOUR USE OF THE SITE AND/OR THE PMNC SERVICE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PMNC SITE/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PMNC SITE/SERVICE.

STORAGE SPACE AND OTHER LIMITATIONS

You agree that PMNC may establish limits concerning use of any PMNC service offered on the Site, including without limitation the maximum number of days that e-mail messages will be retained by any PMNC service, the maximum number e-mail messages that may be sent from or received by any account on any PMNC service, the maximum size of an e-mail message that may be sent from or received by an account on any PMNC service, the maximum disk space that will be allotted on PMNC/or suppliers’ servers on your behalf, and the maximum number of times and duration you may access any PMNC service in a given period of time. You agree that PMNC has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any PMNC service. You acknowledge that PMNC reserves the right to log off accounts that are inactive for an extended period of time.

PMNC MAKES NO WARRANTY THAT ANY PMNC SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.LIMITATION ON LIABILITY

Except in jurisdictions where such provisions are restricted, in no event will PMNC be liable to you for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits, even if PMNC has been advised of the possibility of such damages.

DISPUTES

If there is any dispute about or involving the Site, by using the Site, you agree that the dispute will be governed by the laws of the State of Indiana without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the State and Federal Courts of the State of Indiana, City of Indianapolis.

INDEMNITY

You agree to indemnify and hold PMNC, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Site, including also your use of the Site to provide a link to another site or to upload content or other information to the Site.

TRADEMARKS AND COPYRIGHTS