PLEASE READ THE FOLLOWING SITE TERMS CAREFULLY. ANY PURCHASE FROM DEALCOACH.COM WILL CONSTITUTE ACCEPTANCE OF THE FOLLOWING TERMS.
Welcome to the dealcoach.com website (the “Website”), owned by DealCoach, LLC, a Wisconsin limited liability company (“dealcoach.com”). These Terms of Service (“TOS”) contain the terms and conditions that govern your use of the Website and the dealcoach.com Service (as defined below). Use of the Website constitutes your acceptance of and agreement to these TOS. You may not use the Website until you review and agree to these TOS.
DealCoach, LLC reserves the right to add, delete and/or modify any of the terms and conditions contained in these TOS, at any time and in its sole discretion, by posting a new TOS on the Website. In the event of substantive changes to these TOS, you may be notified by email. If any modification is unacceptable to you, your only recourse is to not use the Website and the dealcoach.com Service. Your continued use of the dealcoach.com Website following posting of new Terms on the dealcoach.com Website will constitute binding acceptance of the changes.
Dealcoach.com provides a number of Internet-based services and products through the Website (all such services, collectively, the “dealcoach.com Service”) pertaining to the promotion and sale of closely held businesses. The dealcoach.com Services may include, but are not limited to retail purchase of products utilized in valuing and marketing businesses for sale (collectively, "Products"). dealcoach.com may offer other services on its Website, including without limitation, message boards, blogs, contests, and newsletters, which may change from time to time.
2.1 Eligibility. In order to use the dealcoach.com Services, you must be of sufficient age that you can lawfully enter into and form contracts. If you are under the age of 18, but at least 13 years of age, you may use the dealcoach.com Service only under the supervision of a parent or legal guardian who agrees to be bound by these TOS. The dealcoach.com Service is not intended for children under the age of 13 and may not be used by children under the age of 13.
2.2 Compliance with Terms and Applicable Law. You must comply with all of the terms and conditions of these TOS, the applicable agreements and policies referred to below, and all applicable laws, regulations and rules when you use the dealcoach.com Service and the Website.
2.3 Electronic Communications. Visiting dealcoach.com or sending emails to DealCoach constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
2.4 Your account. If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that DealCoach is not responsible for third party access to your account that results from theft or misappropriation of your account. DealCoach and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
(a) dealcoach.com solely and exclusively owns all intellectual property and other rights, title and interest in and to the dealcoach.com Service and Website, except as expressly provided for in these TOS. For example and without limitation, dealcoach.com owns the trademarks “DealCoach” and “DEALCOACH.COM”, the copyrights in and to the Website, and certain technology used in providing the dealcoach.com Service. You will not acquire any right, title or interest therein under these TOS or otherwise to any intellectual property owned by dealcoach.com.
(b) dealcoach.com grants you a personal, nonexclusive, limited revocable license to access and use the Website and the dealcoach.com Service for its intended purposes, subject to your compliance with these TOS. This license does not include the right to collect or use information contained on the Website for purposes prohibited by dealcoach.com; to compete with dealcoach.com; to create derivative works based on the content of the Website; or download or copy the Website (other than page caching). If you use the Website in a manner that exceeds the scope of this license or you breach these TOS, dealcoach.com may revoke the license granted to you.
3.1 Prohibited Use. You may only use the dealcoach.com Service as expressly permitted by dealcoach.com. You may not cause harm to the Website or the dealcoach.com Service. Specifically, but not by way of limitation, you may not:
interfere with the dealcoach.com Service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware;
modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the dealcoach.com Service;
use a robot, spider or other device or process to monitor the activity on or copy pages from the Website, except in the operation or use of an internet "search engine", hit counters or similar technology;
collect or attempt to collect electronic mail addresses or other information from third parties by using the dealcoach.com Service;
impersonate another person or entity;
use any meta tags, search terms, key terms, or the like that contain dealcoach.com's name or trademarks;
engage in any activity that interferes with another user's ability to use or enjoy the dealcoach.com Service; or
assist or encourage any third party in engaging in any activity prohibited by these TOS.
3.3 Ordering Policies. If you purchase Products, you agree to do so in accordance with any policy identified on the ordering page in your cart. Title to the Products you purchase passes to you when the Products are delivered to you.
4.1 Monitoring. dealcoach.com reserves the right, but does not assume the obligation, to monitor transactions and communications that occur through the Website. If dealcoach.com determines, in its sole and absolute discretion, that you or another dealcoach.com user will breach a term or condition of these TOS or that such transaction or communication is inappropriate, dealcoach.com may cancel such transaction or take any other action to restrict access to or the availability of any material that may be considered objectionable, without any liability to you or any third party.
4.2 Modification of the Service. dealcoach.com reserves the right to modify the organization, structure or “look and feel” of the dealcoach.com Service or the Website, and may change, suspend, or discontinue any aspect of the dealcoach.com Service at any time without any liability to you or any third party. dealcoach.com shall have complete discretion over the features, functions, prices and other terms and conditions on which the dealcoach.com Service is offered to dealcoach.com users.
5.1 Mutual Representations and Warranties. You represent and warrant to dealcoach.com and dealcoach.com represents and warrants to you: (i) that you or it has the full power and authority to enter into and perform under these TOS, (ii) the execution and performance of your or its obligations under these TOS does not constitute a breach of or conflict with any other agreement or arrangement by which you or it is bound, and (iii) these TOS is a legal, valid and binding obligation of the party entering into these TOS, enforceable in accordance with its terms and conditions.
5.2 By You. You represent and warrant to dealcoach.com that, in your use of the dealcoach.com Service, you: (i) will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of any third party, and (ii) will comply with all applicable laws, rules, and regulations. You further represent and warrant to dealcoach.com that: (i) there are no claims, demands or any form of litigation pending, or to the best of your knowledge, threatened with respect to any of your Content; (ii) dealcoach.com will not be required to make any payments to any third party in connection with its use of your Content, except for the expenses that dealcoach.com incurs in providing the dealcoach.com Service; (iii) the use of any instructions, formulae, recommendations, or the like contained in your Content will not cause injury to any third party; and (iv) your Content does not contain viruses or any other programs or technology designed to disrupt or damage any software or hardware.
DISCLAIMER OF WARRANTIES. DEALCOACH.COM PROVIDES THE WEBSITE AND DEALCOACH.COM SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. DEALCOACH DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, DEALCOACH.COM SERVICE OR ITS USE: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. DEALCOACH MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
THE PRODUCTS AND SERVICES AVAILABLE THROUGH DEALCOACH.COM ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DEALCOACH DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
EXCEPT FOR A BREACH OF A PARTY'S REPRESENTATIONS AND WARRANTIES UNDER THESE TERMS OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THESE TOS, IN NO EVENT WILL THE LIABILITY OF DEALCOACH EXCEED THE GREATER OF (i) THE AMOUNT PAID BY YOU TO DEALCOACH DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY OR (ii) $100.00
You agree to indemnify and hold dealcoach.com and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the “Parties”) harmless from any damage, loss, or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third-party claim, demand or action (“Claim”) brought against any of the Parties alleging that you have breached any provision of these TOS through any act or omission. If you have to indemnify dealcoach.com under this Section, dealcoach.com will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without dealcoach.com's express written permission.
9.1 Termination. In its sole discretion, with or without notice to you, dealcoach.com may: (i) suspend, limit your access to or terminate your use of the Website and/or the dealcoach.com Service, (ii) suspend, limit your access to or terminate your account, (iii) remove any of your Content from dealcoach.com’s servers and directories and (iv) prohibit you from using the dealcoach.com Service and/or the Website.
9.2 Survival. Notwithstanding Section 9.1 above, these TOS will survive indefinitely unless and until dealcoach.com chooses to terminate these TOS.
9.3 Effect of Termination. If you or dealcoach.com terminates your use of the Website or the dealcoach.com Service, dealcoach.com may delete any Content or other materials relating to your use of the dealcoach.com Service on dealcoach.com's servers or otherwise in its possession and dealcoach.com will have no liability to you or any third party for doing so.
All notices required or permitted to be given under these TOS will be in writing and delivered to the other party by any of the following methods: (i) U.S. mail, certified and return receipt requested or (ii) electronic mail. If you give notice to dealcoach.com, you must use the following addresses:
U.S. Mail: DealCoach, LLC
00 S Washington St,
Green Bay, WI 54301
If DealCoach provides notice to you, DealCoach will use the contact information provided by you to dealcoach.com. All notices will be deemed received as follows: (i) if by delivery by U.S. mail, seven (7) business days after dispatch, (ii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iii) if by electronic mail, 24 hours after the message was sent, if no “system error” or other notice of non-delivery is generated. If applicable law requires that a given communication be “in writing,” you agree that email communication will satisfy this requirement.
All disputes arising out of, relating to or connected with these TOS or your use of any part of the dealcoach.com Service will be exclusively resolved in accordance with Wisconsin law (without regard for conflicts of law principles). Any action brought under these TOS must be brought in a state court located in Brown County, Wisconsin. Each party hereby irrevocably submits to the personal jurisdiction of the Wisconsin State courts in Brown County. Notwithstanding anything to the contrary in this Section 11, DealCoach may seek equitable relief, including, without limitation, injunctive relief and specific performance, without the requirement of posting a bond or other security or proving money damages are insufficient, from a court of competent jurisdiction.
These TOS will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of Wisconsin without reference to conflict of law principles. These TOS are not assignable or transferable by you without the prior written consent of DealCoach. These TOS (including all of the policies and other Agreements described in these TOS, which are incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under these TOS will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and DealCoach are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these TOS. The invalidity or unenforceability of any provision of these TOS will not affect the validity or enforceability of any other provision of these TOS, all of which will remain in full force and effect.