Terms and Conditions

I. Introduction

These terms and conditions govern the User’s interaction with this website and/or application (collectively referred to as “Website”); by using this Website, the User accepts these terms and conditions in full.

II. License to Use Website and/or App

Unless otherwise stated, Premier Coaching Software, LLC (“PCS”) and/or its licensors own the intellectual property rights in the Website and material contained therein. Subject to the license below, all these intellectual property rights are reserved. The User may view, download for caching purposes only, and print pages from the Website for the User’s own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

III. Restrictions

The user must not:

  1. republish material from this website (including republication on another Website);
  2. sell, rent or sub-license material from the Website;
  3. show any material from the Website in public;
  4. reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  5. edit or otherwise modify any material on the website; and/or
  6. redistribute material from this Website (except for content specifically and expressly made available for redistribution).

IV. No Warranties

This Website is provided “as is” without any representations or warranties, express or implied. PCS makes no representations or warranties in relation to this Website or the information and materials provided therein.

Without prejudice to the generality of the foregoing paragraph, PCS does not warrant that:

  1. this Website will be constantly available, or available at all; or
  2. the information on this Website is complete, true, accurate or non-misleading.

Nothing on this Website constitutes, or is meant to constitute, advice of any kind. If the User requires advice in relation to any legal, financial or medical matter the User should consult an appropriate professional.

V. Limitations of liability

PCS will not be liable to the User (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, use of, or in connection with, this Website:

  1. for any direct loss;
  2. for any indirect, special or consequential loss; or
  3. for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data

These limitations of liability apply even if PCS has been expressly advised of the potential loss.

VI. Reasonableness

By using this Website, the User agrees that the exclusions and limitations of liability set out in this Website disclaimer are reasonable.

VII. Other parties

The User accepts that, as a limited liability entity, PCS has an interest in limiting the personal liability of its officers and employees. The User agrees that he/she will not bring any claim personally against PCS’ officers or employees in respect of any losses he/she suffers in connection with the website and/or App.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this Website disclaimer will protect PCS’ officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as PCS.

VIII. Unenforceable Provisions

If any provision of this Website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this Website disclaimer.

IX. Indemnity

The User hereby indemnifies PCS and undertakes to keep PCS indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by PCS to a third party in settlement of a claim or dispute on the advice of PCS’ legal advisers) incurred or suffered by PCS arising out of any breach by the User of any provision of these terms and conditions, or arising out of any claim that the User has breached any provision of these terms and conditions.

X. Breaches of these terms and conditions

Without prejudice to PCS’ other rights under these terms and conditions, if the User breaches these terms and conditions in any way, PCS reserves the right to take such action as PCS deems appropriate to deal with the breach, including suspending the User’s access to the Website, prohibiting the User from accessing the website, blocking computers with the User’s IP address from accessing the Website, contacting the User’s internet service provider to request that they block the User’s access to the Website, and/or bringing court proceedings against the User.

XI. Terms Subject to Change

PCS may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website and/or App from the date of the publication of the revised terms and conditions on this Website.

XI. Terms Subject to Change

PCS may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website and/or App from the date of the publication of the revised terms and conditions on this Website.

XII. Severability

If a provision of these terms and conditions is deemed unlawful and/or unenforceable by any court of competent jurisdiction, the other provisions will remain in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will remain in effect.

XIII. Entire agreement

These terms and conditions, constitute the entire agreement between you and PCS in relation to the User’s use of this Website, and supersede all previous agreements in respect of the User’s use of this website.

XIV. Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with the law of the State of Michigan, and any disputes relating to these terms and conditions will be subject to the jurisdiction of the courts of the State of Michigan.

XV. Notice of Injury

THE RISK OF INJURY FROM THE ACTIVITIES DESCRIBED ON THIS WEBSITE IS SUBSTANTIAL, INCLUDING THE POTENTIAL FOR PERMANENT PARALYSIS AND DEATH, AND WHILE PARTICULAR RULES, EQUIPMENT, AND PERSONAL DISCIPLINE MAY REDUCE THIS RISK, THE RISK OF SERIOUS INJURY DOES STILL EXIST. BY UNDERTAKING ANY OF THE ACTIVITIES, SPORTS, AND/OR DRILLS DESCRIBED ON THIS WEBSITE, THE USER KNOWINGLY AND FREELY ASSUMES ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, AND ASSUMES FULL RESPONSIBILITY FOR HIS OR HER PARTICIPATION IN THE ACTIVITIES, SPORTS, AND/OR DRILLS DESCRIBED HEREIN.