1. Acceptance of the Use Of United Endurance Sports Coaching Academy Terms and Conditions
Your access to and use of United Endurance Sports Coaching Academy is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.
2. Credit card details
After a transaction, your private information (credit cards, etc.) will not be stored on our servers.
3. Change of Use
United Endurance Sports Coaching Academy reserves the right to:
3.1 change or removal of (temporarily or permanently) the Website or any part of it without notice and you confirm that United Endurance Sports Coaching Academy shall not be liable to you for any such change or removal and.
3.2 change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
4. Links to Third Party Websites
United Endurance Sports Coaching Academy Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that UESCA is not responsible for the content or availability of any such websites.
5.1 All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to United Endurance Sports Coaching Academy or otherwise used by United Endurance Sports Coaching Academy as permitted by law.
5.2 By accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
6.1 The Website is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind, whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
6.2 To the extent permitted by law, United Endurance Sports Coaching Academy will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
6.3 United Endurance Sports Coaching Academy makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
6.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of United Endurance Sports Coaching Academy for death or personal injury as a result of the negligence of United Endurance Sports Coaching Academy or that of its employees or agents.
You agree to indemnify and hold United Endurance Sports Coaching Academy and its employees, advisors, consultants and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against United Endurance Sports Coaching Academy arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
9. Governing Law
This Agreement shall be construed under and in accordance with the laws of the State of New York, exclusive of any conflict-of-law or choice of law rules and principles. Any legal action or proceeding arising out of or relating to this Agreement shall be commenced in the state or federal courts located in New York County, New York, or New York, NY and the member irrevocably submits to the exclusive jurisdiction and venue of such courts.
You expressly acknowledge and agree that United Endurance Sports Coaching Academy and this website do not provide medical advice and are not a substitute for professional medical diagnosis, treatment or advice or a medical examination. The content of this website may contain general information relating to certain medical conditions and their treatment. Such information is provided for informational purposes only and is not intended to replace or substitute for advice provided by a physician or other medical provider. You should not use the information provided on this website for diagnosing a health problem or disease. Prior to advising a client in any program, activity, exercise, diet, or use of any product, program or workout discussed on this website, the client should seek the advice of their physician and other qualified health-care professionals. You understand that the exercises and programs discussed on this website can be strenuous and should be scaled or done in moderation. There is an inherent risk in any exercise that, while providing some health benefit can also cause unknown health issues. Application or reliance on the techniques, advice, ideas, and suggestions of any person associated with United Endurance Sports Coaching Academy or this website are at your sole discretion and risk.
Prior to performing any sub-maximal aerobic testing, the client must be medically cleared by their physician such that they are deemed healthy and able to participate in the sub-maximal test.
11. Accuracy & Completeness
Due to constant advances in technology, cardiovascular and strength and conditioning programs, and medicine as well as the possibility of typographical error, readers are encouraged to confirm the information contained herein with other sources. Corrections and additions will be made only as allowed by the availability of time and resources. The accuracy and timeliness of the information on this website cannot be guaranteed.
You agree that access to and use of this website and the information, services and content available thereon is at your own risk. Neither United Endurance Sports Coaching Academy nor any author, advisor, consultant or supplier contributing to this website is responsible for any errors or omissions in any information provided or the results obtained from the use of such information, services or content.
12. Limited Liability
Neither United Endurance Sports Coaching Academy, nor any party involved in creating, producing, delivering or maintaining this website and any content thereon shall be liable for any damages, including without limitation, direct, incidental, consequential, indirect or punitive damages, arising out of or relating to access to, use of, or inability to use this website or any information, services or content or services available thereon or which can be reached by using this website as a starting point, or any errors or omissions in the information, services or content, whether based on warranty, contract, negligence, tort, or any other legal theory, and whether or not United Endurance Sports Coaching Academy, any participating organization or any party involved in creating, producing, delivering or maintaining this website or any information, services or content thereon is advised of the possibility of such damages. This limitation includes, but is not limited to, personal injury, including death as well as damages to personal property.
You acknowledge that participating in endurance sports or any sporting event is an extreme test of a person’s physical and mental limits and that participation in a triathlon, cycling or running events and training practices can cause potential death, serious injury, or property damage. With a full understanding of the potential risks, you hereby assume the risks of coaching individuals participating in the aforementioned events and training practices.
You hereby take the following action for yourself, your executors, administrators, heirs, next of kin, successors and assigns: a) You waive, release, and discharge from any and all claims or liabilities for death or personal injury or damages of any kind the following persons or entities: United Endurance Sports Coaching Academy, its advisors, consultants, partners, sponsors, ambassadors, employees, representatives, and agents of any of the above; b) You agree not to sue any of the persons or entities listed above for any of the claims or liabilities that you have waived, released or discharged herein; and c) You indemnify and hold harmless the persons or entities mentioned above from any claims made or liabilities assessed against them as a result of my actions.