LAST UPDATED: November 25 2021
Prior to using the Rugby Development Coach, it is important for you to know and understand that by visiting the Site and/or using the Service, you are agreeing to accept certain liability limitations and legal and health disclaimers, which we further explain throughout this Agreement. In other words, your use of the Rugby Development Coach service is at your own risk, and we do not assume any liability, or make any warranties of any kind, express or implied, with respect to the Service or your use of the Service.
By using the Service, you consent to receiving this Agreement in electronic form. To withdraw this consent, you must cease using the Service and terminate your account.
Please contact us with any questions regarding this Agreement.
HEALTH WARNING AND LIABILITY DISCLAIMER:
YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PRACTITIONER BEFORE STARTING THIS OR ANY OTHER EXERCISE PROGRAM. THIS IS PARTICULARLY TRUE IF YOU OR YOUR FAMILY HAVE A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, OR IF YOU HAVE EVER EXPERIENCED DISCOMFORT WHILE EXERCISING.
NOTHING STATED OR POSTED ON THE Rugby Development Coach IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR PROFESSIONAL ADVICE OR CARE.
YOUR USE OF THE Rugby Development Coach IS AT YOUR OWN RISK.
PLEASE READ OUR FULL PROFESSIONAL ADVICE, MEDICAL AND GENERAL DISCLAIMER IN SECTION 2 BELOW BEFORE COMMENCING YOUR USE OF THE SERVICE.
WE WILL NOT BE RESPONSIBLE FOR ANY LIABILITY RESULTING FROM THE USE OF Rugby Development Coach.
1. Who May Use the Rugby Development Coach Service
AGE REQUIREMENT: You must be at least 18 years old to use Rugby Development Coach, unless approved by your Guardian.
NOTICE TO PARENTS AND GUARDIANS: You are responsible for monitoring and supervising your child’s use of Rugby Development Coach. If your child is using Rugby Development Coach without your express consent and is under 18, please contact us immediately so that we can disable his or her access. If you have questions about Rugby Development Coach, please contact us at firstname.lastname@example.org
2. Professional Advice, Medical and General Disclaimer.
YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL BEFORE STARTING THIS OR ANY OTHER EXERCISE OR NUTRITION PROGRAM TO DETERMINE IF IT IS RIGHT FOR YOUR NEEDS. THIS IS PARTICULARLY TRUE IF YOU (OR YOUR FAMILY) HAVE A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, OR IF YOU HAVE EVER EXPERIENCED CHEST PAIN WHEN EXERCISING, SMOKE, HAVE HIGH CHOLESTEROL, OR HAVE A BONE OR JOINT PROBLEM THAT COULD BE MADE WORSE BY A CHANGE IN PHYSICAL ACTIVITY. DO NOT USE Rugby Development Coach IF YOUR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST IT. IF YOU EXPERIENCE FAINTNESS, DIZZINESS, PAIN OR SHORTNESS OF BREATH AT ANY TIME WHILE EXERCISING, YOU SHOULD STOP IMMEDIATELY.
Rugby Development CoachOFFERS EXERCISE AND FITNESS INFORMATION AND IS DESIGNED FOR INFORMATIONAL PURPOSES ONLY. NOTHING STATED OR POSTED ON therugbydc.com OR ANY OTHER WEBSITE OPERATED BY US OR OUR AFFILIATES OR AVAILABLE THROUGH ANY Rugby Development Coach service, IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL, PROFESSIONAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH OR NUTRITION CARE, TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. YOU SHOULD NOT RELY ON ANY INFORMATION ON therugbydc.com, or any other WEBSITE operated by us or our affiliates, AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT EVER DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON Rugby Development Coach SITE. THE USE OF ANY INFORMATION PROVIDED ON THE SITE IS SOLELY AT YOUR OWN RISK.
THE Rugby Development Coach SITE IS CONTINUALLY UNDER DEVELOPMENT AND Rugby Development Coach MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT GENERAL HEALTH, FITNESS AND ADVICE. NO ASSURANCE CAN BE GIVEN THAT THE INFORMATION CONTAINED ON Rugby Development Coach SITE WILL ALWAYS INCLUDE THE MOST RECENT DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
You understand that we cannot and do not guarantee or warrant that any content available for downloading from the internet or the Rugby Development Coach will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Rugby Development Coach for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, 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 Rugby Development Coach Coaching Service OR ANY SERVICES OR ITEMS OBTAINED THROUGH Rugby Development Coach Service OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE Rugby Development Coach Service, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH Rugby Development Coach Service IS AT YOUR OWN RISK. Rugby Development Coach, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH Rugby Development Coach Service ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER Rugby Development Coach NOR ANY PERSON ASSOCIATED WITH Rugby Development Coach MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF Rugby Development Coach Service. WITHOUT LIMITING THE FOREGOING, NEITHER Rugby Development Coach NOR ANYONE ASSOCIATED WITH Rugby Development Coach REPRESENTS OR WARRANTS THAT Rugby Development Coach Service, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE Rugby Development Coach Service WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE Rugby Development Coach Service OR ANY SERVICES OR ITEMS OBTAINED THROUGH Rugby Development Coach Service WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, Rugby Development Coach HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT IT IS SOLELY YOUR RESPONSIBILITY TO DETERMINE IF AND WHEN TO MEET WITH ANYONE YOU INTERACT WITH USING THE Rugby Development Coach THAT Rugby Development Coach DOES NOT CONDUCT ANY BACKGROUND CHECKS OR OTHER SCREENING OF ITS MEMBERS, AND THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR OWN SAFETY SHOULD YOU DECIDE TO MEET WITH ANYONE YOU INTERACT WITH USING THE Rugby Development Coach.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
3. Third-Party Services and Links
Through the Rugby Development Coach service, you may be offered and given access to services, products and promotions provided by third parties and not by Rugby Development Coach (“Third Party Services”). If you decide to access or use any Third Party Services, you will be responsible for reviewing and understanding the terms and conditions associated with these Third Party Services. You agree thatRugby Development Coachs not responsible for the performance of any Third Party Services or the acts or omissions of the entities that provide them.
Rugby Development Coach expressly disclaims any liability for Third Party Services, their websites and the acts and omissions of the entities that provide them.
4. Limitation of Liability
To the fullest extent permitted by law: (i) in no event shall Rugby Development Coach, nor its affiliates, be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for personal injury, death, loss of livelihood, loss of enjoyment, pain and suffering, emotional distress, loss of profits, loss of future earnings, goodwill, use, and/or any other damages or other intangible losses; and (ii) Rugby Development Coach, and its affiliates’ total liability to you shall not exceed the amounts paid by you to Rugby Development Coach over the twelve (12) months preceding your claim(s).
IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO OBTAIN OR ACCESS ANY MATERIAL THROUGH THE SERVICE OR SITE.
What information we may collect about you;
What we use that information for; and
When and with whom we share that information.
CONSENT TO EMAIL: When you become a Member, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the Service, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us or third-party partners.
6. Membership Provisions
REGISTRATION: To use Rugby Development Coach, you must register as a member by providing a user name, password, valid email address and valid credit card information. You must provide complete and accurate registration information to Rugby Development Coach and notify us if your information changes.
USER NAME: You may not use someone else’s name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.
NON-COMMERCIAL USE: Use of the Site and Service is for personal use only. Members may not use the Service in connection with any commercial endeavors, such as (i) advertising or soliciting any user to buy or sell any products or services; or (ii) for commercial purposes. Users of the Site may not use any information obtained from the Service to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the Service or the Site for any purpose unless expressly authorized by Rugby Development Coach. If you wish to inquire about possible commercial use, please contact us at Pat@therugbydc.com. Rugby Development Coach may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Site or the Service.
ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must not allow others to use your account. You must safeguard the confidentiality of your password. If you become aware of any unauthorized access to your account, you must change your password and notify us immediately at Pat@therugbydc.com
Auto billing; Subscription Fees; Free Trial Terms. Rugby Development Coach is a paid, auto-renewing subscription service. If you sign up for Online Coaching, you are agreeing to automatic (recurring) billing and agree to pay the charges made to your account in connection therewith. Your Subscription, and monthly billing of your account, will continue indefinitely until cancelled by you. The pricing of our Services may vary periodically. We cannot guarantee that the price of your Subscription is the lowest available, or historically lowest or best price. You will be charged in accordance with the billing terms you agreed to at the time you signed up.
HOW TO CANCEL
If you do not wish for your account to renew automatically, or if you want to change or terminate your subscription, follow the below steps:
Login to your account at therugbydc.com/account
Select “Account” and then “Billing Settings”
You may enter a reason for cancellation if you wish
Select “Confirm Cancellation”
Sorry– there are no refunds on Rugby Development Coach subscriptions for billing periods that have already lapsed.
Authorization: When you sign up for our Service and provide a payment method toRugby Development Coach, you are granting your express consent and are expressly authorizing us (and our designated payment processor) to automatically charge you each month for the Service.
If you provide a payment method and our charge results in an overdraft, chargeback or other fee from your bank, you alone are responsible for that fee.
EVEN IF YOU DO NOT USE THE SUBSCRIPTION OR ACCESS Rugby Development Coach, YOU WILL BE RESPONSIBLE FOR ANY SUBSCRIPTION FEES UNTIL YOU CANCEL YOUR SUBSCRIPTION OR IT IS OTHERWISE TERMINATED. To cancel, follow the instructions above (“How to Cancel”).
Changes. Rugby Development Coach may change, modify, add, remove, suspend, cancel, or discontinue any aspect of its subscriptions including the functionality, content, and/or availability of any features of such subscriptions at any time in Rugby Development Coaches sole discretion.
8. Term and Termination; Account Deletion
TERM: This Agreement begins on the date you first use Rugby Development Coach and continues as long as you have an account with us.
CANCELING YOUR SUBSCRIPTION: To cancel your subscription login and go to your account settings or send us an email at Pat@therugbydc.com
ACCOUNT DELETION: You may delete your account at any time. We reserve the right, but are under no obligation to, delete an account from therugbydc.com that remains inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months, or immediately when payment expires, is withdrawn or otherwise ceases.
TERMINATION FOR BREACH: Rugby Development Coach may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if Rugby Development Coach determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage Rugby Development Coach reputation or goodwill. If Rugby Development Coach deletes your account for the foregoing reasons, you may not re-register for the Rugby Development Coach. Rugby Development Coach may block your email address and Internet protocol address to prevent further registration. Rugby Development Coach is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account.
After your membership or subscription is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
User Contributions. Rugby Development Coach Service may contain message boards, chat rooms, personal profiles, forums, bulletin boards, exercise programs, private messaging, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Rugby Development Coach.
All User Contributions must comply with the Content standards set out in this Agreement. Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Rugby Development Coach, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
All of your User Contributions do and will comply with this Agreement.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Rugby Development Coach, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Rugby Development Coach.
Restrictions. You may not upload, post, or transmit (collectively, “submit”) any video, image, text, audio recording, or other work (collectively, “content”) that:
Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
Contains any material that is obscene, indecent, abusive, offensive, violent, inflammatory or otherwise objectionable;
Contains nudity, sexually explicit content or pornography;
Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
Is likely to deceive any person or create false impression that it emanates from or is endorsed by us or any other person or entity, if that is not the case;
Impersonates any person, or misrepresents your identity or affiliation with any person or organization;
Promotes any illegal activity, or advocates, promotes or assists any unlawful act;
Advocates harassment or intimidation of another person;
Contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
Depicts animal cruelty or extreme violence towards animals;
Causes annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
Involves commercial activities or sales, such as contests, sweepstakes and other sales promotion, barter or advertising; or
Contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices.
Rugby Development Coach **:** We have the right to:
Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates this Agreement, including the Content standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Rugby Development Coach, or the public, or could create liability for Rugby Development Coach.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Rugby Development Coach
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the ****Rugby Development Coach. YOU WAIVE AND HOLD HARMLESS Rugby Development Coach AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. However, we do not undertake to review material before it is posted on the Rugby Development Coach Service and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section 9 (Content).
Copyright Infringement: If you believe that any User Contributions violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is our policy to terminate the accounts of repeat infringers.
You agree to indemnify, defend, and hold harmless Rugby Development Coach and its affiliates, directors, officers, employees, and agents, from and against any liability, claims, damages, losses and costs (including reasonable attorney’s fees) that: (i) arise from your activities on the Rugby Development Coach Service; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to Rugby Development Coach violates this Agreement, any law or infringes any personal right or third party right, including any intellectual property or privacy right. Rugby Development Coach reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Rugby Development Coach in connection therewith.
11. License to Use the ATG Online Coaching Service
LICENSE: Rugby Development Coach and Rugby Development Coaching grants you a limited, non-exclusive license to access and use the Rugby Development Coach Service for your own personal, non-commercial purposes. This includes the right to view content available on therugbydc.com This license is personal to you and may not be assigned or sublicensed to anyone else.
RESTRICTIONS: Except as expressly permitted by Rugby Development Coach in writing, you will not reproduce, redistribute, publicly display, sell, create derivative works from, decompile, reverse engineer, or disassemble the Rugby Development Coach Service. Nor will you take any measures to interfere with or damage the Rugby Development Coach Service. All rights not expressly granted by Rugby Development Coach are reserved.