The following provisions govern your use of Coachbar (the “Coachbar.io Web Site”) and all other services made available to you through the Coachbar.io Web Site. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE Coachbar.io Web Site. By using the Coachbar.io Web Site, you agree to be bound by these Terms and Conditions which constitute a contract between you and Coachbar Inc. (USA EIN 92-2049135) of Coachbar, Inc. 1880 Little Raven, Suite 744, Denver, Colorado 80202 (“we” or “us”). If you do not agree to all of the provisions contained in these Terms and Conditions, DO NOT use the Coachbar.io Web Site. We reserve the right to revise and update these Terms and Conditions at any time. Please periodically review these Terms and Conditions. Your continued use of the Coachbar.io Web Site constitutes your acceptance of and agreement to any revised Terms and Conditions.
We may, from time to time, allow users who engage with a Software Consultant through the Web Site to rate their experience with that Software Consultant. While we verify that feedback comes from users who engaged with the Software Consultant through the Web Site, the content of the feedback is the user’s opinion. The ratings are a collation of user feedback and do not constitute an endorsement or recommendation by us in connection with any Software Consultant. Ratings are not a substitute for making your own inquiries as to the suitability of any Software Consultant that you are considering hiring.
You acknowledge that in submitting any rating feedback you will act honestly and fairly and that you will not do anything which might unfairly damage the reputation of a Software Consultant or undermine the operation of the ratings system. We reserve the right to remove feedback from the star rating system which we deem to be inappropriate, deceptive or does not adhere to our feedback guidelines.
Important considerations when giving feedback to Software Consultant on the Coachbar.io Web Site:
By accepting these Terms and Conditions when registering your account, you hereby assign to us all present and future copyright in all of original content submitted or posted by you to the Coachbar.io Web Site including without limitation: comments, forum posts, public messages, reviews, ratings and the compilation of any inspiration board (but not including the contents of any advertisement, advertiser’s profile, or any submission, including but not limited to getting a referral or connecting to a Software Consultant). You also irrevocably authorise us to use the content in any way we please, including in a way that you might consider to infringe your moral rights in the content. For the avoidance of doubt, nothing in this paragraph requires you to create an account in order to be bound by these Terms and Conditions, and your use of the Coachbar.io Web Site constitutes your agreement to these Terms and Conditions.
Files that you upload, public messages that you send and your activity in dialogue, discussion, and forums on the Coachbar.io Web Site are subject to review, modification and deletion without notice by Coachbar. Files that you upload are subject to posted limitations on usage, reproduction and/or dissemination and you are responsible for adhering to such limitations. You should be aware that personally identifiable information you choose to disclose on the Coachbar.io Web Site may be used by third parties and such use is beyond our control.
You must not post any information which (i) is libellous, defamatory, obscene, offensive, sexually explicit, fraudulent, false, unlawful, or contrary to the ownership or intellectual property rights of any other person, or (ii) contains any virus, worm, trojan or other code which is contaminating or destructive to the files, data or programs of the Coachbar.io Web Site or any of our users.
We may deny you access to all or part of the Coachbar.io Web Site and/or suspend or cancel your account without notice if we, in our reasonable discretion, determine that you have engaged in conduct that violates any law or any provision of these Terms and Conditions or is otherwise inappropriate. We will not be liable for any loss of profit or business opportunity that may result from the suspension or cancellation of your service account.
The entire contents and design of the Coachbar.io Web Site, including all trade marks, text, images and audio and video files, is proprietary to us or our content providers and is protected by copyright laws. The Coachbar.io Web Site is for your personal, non-commercial use. You may not reproduce, modify, copy, distribute, transmit, communicate, display, publish or use any material contained in the Coachbar.io Web Site and/or our e-newsletters without our express prior written permission or the permission of the relevant copyright owner. You may not use any of the information or content on the Coachbar.io Web Site for commercial purposes or to establish, operate or maintain your own product or service offering. You acknowledge that any breach by you of this paragraph may cause damage to us which cannot adequately be remedied by damages and that if you breach or act in a way which threatens to breach this paragraph, we may seek injunctive relief against you.
You are entitled to certain guarantees in relation to our supply of the Coachbar.io Web Site which cannot be excluded, restricted or modified (Consumer Guarantees). To the extent permitted by law, our liability for failure to comply with a Consumer Guarantee is limited (at our option) in the case of services supplier to you, the supply of the services again, or the payment of the cost of having the services supplied again.
Subject to the Consumer Guarantees: (a) the Coachbar.io Web Site is provided on an ‘as is, with all faults and as available' basis and to the extent permitted by law without any warranties of any kind, either expressed or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, warranties of title or non-infringement, or warranties arising from course of dealing or custom of trade; (b) we make no representation or warranty that any content of the Coachbar.io Web Site is accurate, complete, appropriate, reliable or timely; and (c) we also make no representation or warranty that your access to and use of the Coachbar.io Web Site will be uninterrupted, secure, error-free, free of viruses or unauthorised code or other harmful components. We reserve the right to discontinue operating the Coachbar.io Web Site at any time without notice.
Except as required by the Consumer Guarantees, your use of the Coachbar.io Web Site is at your own risk. You are responsible for taking all precautions you believe necessary or advisable to protect you against any claim, damage, loss or hazard that may arise by virtue of your use of the Coachbar.io Web Site. Neither we nor anyone else involved in creating, producing or delivering the Coachbar.io Web Site, or any other content created by Coachbar that is not on the Coachbar.io Web Site, including but not limited to Youtube content, case studies, e-newsletters, or the materials contained therein assumes any liability or responsibility for the accuracy, completeness or usefulness of any information provided therein, nor, to the extent permitted by law, shall any of them be liable for any direct, indirect, incidental, special, consequential or punitive damages arising out of your use of, or inability to use, the Coachbar.io Web Site.
You must not use any means of automatically searching or mining data from the Coachbar.io Web Site or in any way interfere or attempt to interfere with the proper operation of the Coachbar.io Web Site.
You agree not to take any action that imposes an unreasonable burden on our infrastructure or otherwise tampers or interferes with the Coachbar.io Web Site, our systems or data or those of any third party via the Coachbar.io Web Site.
We strive to provide valuable and accurate information. The editors of the material contained in the Coachbar.io Web Site have consulted sources believed to be reliable in their efforts to provide information that is correct at the time of posting. However, in view of the possibility of error by the authors, editors, or publishers of the works contained in the Coachbar.io Web Site neither we nor any other party involved in the preparation of material contained in the Coachbar.io Web Site or in our e-newsletters represents or warrants that the information contained therein is in every respect accurate or complete, and, to the extent permitted by law, they assume no responsibility for any errors or omissions or for the results obtained from the use of such material. You are encouraged to confirm the information contained therein with other sources.
Consumers reading articles or other material posted on the Coachbar.io Web Site or e-newsletters should review the information carefully. The information is not intended in any way to be a substitute for professional advice. Neither the content nor any other service offered through the Coachbar.io Web Site or our e-newsletters is intended as professional advice.
We do not examine, determine or warrant the certification and/or licensing, competence, solvency or information of any professional or facility listed in our directories. We rely on the professionals or the facilities listed in our directories to provide accurate information and assume no responsibility for verifying the information provided. Use of our directories to locate a Software Consultant is wholly voluntary and, to the extent permitted by law, in no event will we or any of our agents be liable for damages to any user of our directories for the selection of a professional or facility or for the services provided by any professional or facility listed therein, or for any other loss or damage which may occur as a result thereof.
You should satisfy yourself as to the competence, solvency, insurances and licensing of anybody you decide to retain as a result of a connection made through our services. Under no circumstances shall we be liable for any damages whatsoever as a result of losses caused to you by a person or entity that you retain as a consequence of using our directory or services.
The Coachbar.io Web Site may contain links to web sites operated by third parties. The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site or any changes or updates to such sites. The appearance of any product, service or web site link on the Coachbar.io Web Site does not imply endorsement, approval or warranty by us and we disclaim all liability with regard to any such products, services or web site links.
These terms and conditions (“Terms”) apply to Grants (“Grants”) issued by Coachbar Inc.
For customers: Grants may be activated and redeemed in accordance with these Terms. By activating, redeeming, or attempting to redeem any Grant, you (Customer) agree to be bound by these Terms.
For Software Consultants: These terms apply to jobs booked through the Coachbar.io Web Site for which we pay a Grant amount to you. By accepting a job to which a Grant applies, or accepting payment for the job, you (the “Software Consultant”) agree to be bound by these Terms.
Grants: Coachbar may, in its sole discretion, create and distribute Grants. Grants may be issued individually, or in aggregate, or a combination of both individually and in aggregate. The Customer must have, or create, a Coachbar account to redeem any Grant.
What Grants cover: Grants may include discounts on services or products offered by Coachbar or third party providers (Services). Grants can be used for any job posted through the Coachbar.io Web Site to connect Customers with Software Consultants. However, jobs where Customers have engaged directly with an individual Software Consultant listed on the Coachbar directory are not eligible for Grants.
Grants can be redeemed only if all of the following conditions are satisfied:
How Grants are redeemed:
Grants are automatically redeemed at the conclusion of the Job or Services performed by the Software Consultant to the Customer. Grants may not otherwise be redeemed.
A Grant cannot be redeemed where there is not evidence of a referral being made on the Coachbar.io Web Site between the Software Consultant and the Customer.
Unless otherwise specified on the Grant, any surplus or unused Grant amount will automatically expire on completion of the Job or Services and cannot be used for any other Job or Services.
Under no circumstances will a Customer be entitled to be paid any surplus or unused amount of a Grant.
Limit on number of redemptions:
Unless otherwise specified on the Grant:
Cancellation of Grants
You (as Customer or Software Consultant) agree and acknowledge that subject to your rights as set out in this section, Coachbar shall not be liable to compensate you or any other person as a result of any termination, cancellation or reversal of a payment or transaction under this clause.
Consumer and other statutory rights not affected
Nothing in these Terms limits any right or obligation you (as Customer or Software Consultant) have under the relevant Consumer Law of your country’s jurisdiction, including any consumer guarantee or right to refund, or any other right you have under any law, to the extent that it cannot lawfully be excluded or limited.
You (as Customer or Software Consultant) agree and acknowledge that:
Additional terms for Software Consultants
The following terms apply to Software Consultants in addition to the other terms above.
You must register and obtain a service account in order to submit information to the Coachbar.io Web Site. To do so, and to find out about the benefits of registration, please go to “Get Started”. After you have registered, one of our representatives will contact you to confirm your registration details. Your service account will then be activated and you will be issued a password which will be sent to you by email.
You must not disclose your password to any third party and you are responsible for keeping it confidential. We will never ask you to send your password or other sensitive information to us in an email or to enter it via any website other than one with an URL beginning with Coachbar.io. If you suspect any unauthorised use of your service account or access to your password, please change your password immediately and contact us. You are responsible for all unauthorised use of your services account by anyone who obtained access to your account directly or indirectly through you.
You may close your service account at any time but you will remain liable for obligations related to your service account after it has been closed. The sections in these Terms and Conditions headed Copyright and Trademarks, General Disclaimer, Disclaimer, Indemnification, Waiver, Release and Limitation of Liability and Third Party Rights and the first paragraph of the section headed User Submissions will continue to apply once your service account has been closed.
You agree to indemnify, defend and hold harmless us and our officers, directors, employees, agents, information providers, partners, advertisers, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable solicitor's fees, resulting from any violation of these Terms and Conditions or any activity related to your service account (including infringement of third parties' intellectual property rights anywhere in the world or negligent or wrongful conduct) by you or any other person accessing the Coachbar.io Web Site using your service account. This indemnity does not apply to the extent that we acted negligently or willfully engaged in misconduct.
Waiver, Release and Limitation of Liability
Except in respect of the Consumer Guarantees and to the extent permitted by law within the country of the Customer, you agree that neither we, nor our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers shall have any liability to you under any theory of liability or indemnity in connection with your use of the Coachbar.io Web Site. Our liability for any claim arising from a breach of any term or condition implied by any law which may not be excluded (including, without limitation, the Consumer Guarantees) will be limited to the maximum extent permissible which, in the case of services, will be to the re-supply of the relevant services or the payment of the cost of having the relevant services re-supplied.
Notwithstanding the foregoing paragraph, except in respect of the Consumer Guarantees and to the extent permitted by law, the total liability of us, our officers, directors, employees, agents, information providers, partners, advertisers, licensors and suppliers, if any, for any loss or damage arising in connection with the Coachbar.io Web Site shall not exceed the greater of the amount of fees paid by you for the particular information or service provided. Except where such limitation is prohibited by law, in no event shall we, our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers be liable to you for any loss or damage other than the amount referred to above, and their liability for all other loss or damage, whether direct or indirect, special, incidental, consequential or punitive, arising from any use of the Coachbar.io Web Site is hereby excluded even if we or our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers have been advised of the possibility of such damages.
Except in relation to a Consumer Guarantee, neither we, nor any of our affiliates, directors, officers or employees, nor any third party vendor will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of the Coachbar.io Web Site, or resulting from the act or omission of any other party involved in making the Coachbar.io Web Site or the information contained therein available to you, or from any other cause relating to your access to or your inability to access the Coachbar.io Web Site or that information, except to the extent we acted negligently or engaged in willful misconduct.
Third Party Rights
The provisions of Indemnification and the Waiver, Release and Limitation of Liability are for our benefit and the benefit of our officers, directors, employees, agents, partners, advertisers, information providers, licensors and suppliers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
Advertisers and sponsors of the Coachbar.io Web Site have no influence on editorial content or presentation.
You may not assign or transfer any of your rights or obligations under these Terms and Conditions without our prior written consent.
Our relationship with you under these Terms and Conditions is one of independent contractors and not of partnership, joint venture or principal and agent.
We will send any legal notices or communications regarding your service account to your nominated email address. Please ensure that a valid email address is recorded at all times. Your primary point of contact with us should be via the “Contact Us” facility on the Coachbar.io Web Site. Any formal notices or communications should be sent to our postal address set out at the beginning of these Terms and Conditions. A notice sent to you by email or facsimile will be deemed to have been received by you 24 hours after it was sent, regardless of whether or not you have actually read the notice. Notices sent by mail will be deemed to have been received 3 days after the date of mailing (7 days if sent to or from outside your country).
If any clause or provision of these Terms and Conditions is determined to be illegal, invalid or unenforceable or capable of termination by a party in any jurisdiction in which these Terms and Conditions are to operate, then such clause or provision will be construed, to the extent feasible, to render the clause or provision enforceable. If no feasible interpretation would save such clause or provision, it will be severed from the remainder of these Terms and Conditions without affecting the enforceability of all remaining clauses and provisions.
These Terms and Conditions are governed by the laws of Colorado, USA.
Last updated on 20 May 2023.