General Terms & Conditions
Welcome to Team EF Coaching, the premier coaching service for cyclists around the world looking to improve their skills and achieve their cycling goals.
1. Subject and Structure of the General Terms & Conditions
These general terms & conditions (the “Terms”) set forth the terms for your purchase of a subscription to the Team EF Coaching online service (the “Subscription”). These Terms and any coaching agreement (the “Coaching Agreement”) between you (“you”, “your”, or “Customer”) and Argyle Coaching, Inc., Two Education Circle, Cambridge, MA 02141 (“us”, “we”, “our”, or the “Company”) define the business relationship between you and us with respect to the Subscription for the use of the Team EF Coaching online service (“Team EF Coaching”, the “Service”, the “Site”, or the “App”). In addition, you are bound by the Acceptable Use Policy (as set out below) which shall form part of these Terms. In the event of a conflict between the provisions of the Coaching Agreement and these Terms, the relevant Coaching Agreement will supersede and control with respect to your use of the Team EF Coaching service.
By purchasing a subscription from, or subscribing to Team EF Coaching, you agree, without qualification, to be bound by the Terms as set out below.
2. Duration of the Subscription
The term of your Subscription is either a Monthly or Annual Subscription or for a fixed period (as defined and set out by the terms of your Coaching Agreement).
3. Fees and Payment
Some materials and features of the Team EF Coaching Site are available only through the purchase of a Subscription. You are responsible for any charges associated with the connection to the Site. The Company reserves the right to change the subscription rates at any time or to set up new rates, upon notice posted on the Site and sent by email to its members in advance and, if applicable, communicate how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the Service after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the paid Subscription prior to the price change going into effect.
The purchase details of your current course are always available through the “Settings” section of the Team EF Coaching Site (including details on the cancellation policy).
4. Trials
From time to time, we may offer trials of Subscriptions for a specified period without payment or at a reduced rate (a “Trial”). The Company may determine your eligibility for a Trial, and withdraw or modify a Trial at any time without prior notice and with no liability, to the extent permitted under applicable law.
For some Trials, we’ll require you to provide your payment details to start the Trial. By providing such details you agree that we may automatically begin charging you for the Subscription on the first day following the end of the Trial on a recurring monthly basis or another interval that we disclose to you in advance. IF YOU DO NOT WANT THIS CHARGE, YOU MUST CANCEL THE APPLICABLE SUBSCRIPTION BEFORE THE END OF THE TRIAL.
5. Cooling-off Period (only applicable to residents of the European Union)
If you reside in a country which is part of the European Union and have purchased a Subscription online or via phone, you have the right to change your mind and receive a full refund within fourteen (14) days of purchase (the “Cooling-off Period”), but only if you have not used any of the Services.
6. Renewal; Cancellation
Unless your Subscription has been purchased for a fixed period, your payment to us will automatically renew at the end of the applicable subscription period, unless you cancel your Subscription before the end of the then-current subscription period. If you wish to cancel your subscription, you must inform us of your intent at least 8 days prior to your next billing date to avoid being charged. The cancellation will take effect the day after the last day of the current subscription period. The obligations and liabilities that you incurred prior to the cancellation date shall survive the cancellation of your Subscription for all purposes. If you cancel your Subscription after the Cooling-off Period is over (where applicable), or before the end of the current subscription period, we will not refund any subscription fees already paid to us. If you wish to receive a full refund of all monies paid to the Company before the Cooling-off Period is over, you must contact support@teamefcoaching.com. When we process any refund, we will refund amounts using the method you used for payment.
7. Changes to the Services and these Terms
Occasionally we may, at our discretion, make changes to the Service and these Terms. Any new features or tools which are added to the current Services shall also be subject to these Terms. We may also, at any time, cease to continue operating part or all of the Services or selectively disable certain aspects of the Services or portions of the Site or Team EF Coaching. Any modification or elimination of the Services or the Site will be done at our sole and absolute discretion and without an ongoing obligation or liability to you. When we make changes to these Terms that we consider material, we will notify you through the Service. By continuing to use the Service after those changes are made, you are expressing and acknowledging your acceptance of the changes. Your sole recourse upon dissatisfaction with the modified terms of use is to cancel your membership or subscription.
These Terms may not be amended or modified without the express written consent of the Company.
8. Health Disclaimer
These Services (including the coaching website and any third-party applications related thereto) are intended only to assist users in their personal cycling training efforts. Neither the Company nor any coach is a medical organization or health professional and cannot give you medical advice or diagnosis. Nothing contained in this Site or through the Services should be construed as such advice or diagnosis. The information and reports generated by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment. You are urged and advised to seek the advice of a physician before beginning any training effort or regimen. This Site and the Services are intended for use only by healthy adult individuals.
9. Non-Reliance
We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
10. Links to Third-Party Sites
We may provide links from the Site to third-party websites (“Third-Party Sites”), including, but not limited to, links owned by third parties who manage the sales of Company-branded merchandise and class bookings for the Company. If you use these links, you will leave the Site. The Company provides these links to you as a convenience, and we do not verify, make any representations, or take responsibility for the Third-Party Sites, including the truthfulness, accuracy, quality, or completeness of the content, services, links displayed, or other activities conducted on or through the Third-Party Sites. Therefore, unless specifically stated on the Site, we do not endorse or make any representations about Third-Party Sites or any information, material, or results that may be obtained through the use of Third-Party Sites. In addition, certain areas of the Site may allow you to interact or conduct transactions with Third-Party Sites. If so, you may be able to configure the privacy settings of your account on a Third-Party Site to permit your activities to be shared with your contacts on that Third-Party Site. If you decide to access any of the Third-Party Sites linked on the Site, you do this entirely at your own risk, and you must follow the privacy policies and the terms and conditions for those Third-Party Sites.
11. Disclaimers of Warranties
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: THE SERVICES, OFFERINGS, CONTENT AND MATERIALS ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATABILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. ANY PRODUCT, OFFERING, CONTENT AND MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES (AND THE WEBSITE) IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL (INCLUDING, WITHOUT LIMITATION, THE FEE-BASED PRODUCTS). NEITHER THE COMPANY NOT ITS AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR ANY COACH OR THROUGH THE COACHING WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.
12. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY, THE COACH AND THEIR RESPECTIVE AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THE COACHING SERVICES OR WEBSITE; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON THE WEBSITE OR ANY WEBSITE OR WEBSITES LINKED TO THE SERVICES, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE COACHING WEBSITE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY IN CONNECTION WITH OUR SERVICES; OR (F) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR SERVICES, OR WITH ANY OF PROVISION OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THE SERVICES. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
13. Indemnification
You agree to indemnify, hold harmless and, at our option, defend us and the Company, and its affiliates, officers, directors, employees, independent contractors (including coaches), stockholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys fees and expenses) arising from your improper use of the Services, products or offerings, your violation of these Terms, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity.
14. Force Majeure
The Company and/or its affiliates and/or the coaches shall not be held responsible for any events beyond their respective control, regardless of whether occurring at your or our location or any other location where the Services shall be rendered, including, but not limited to, acts of God, natural disasters, weather, war, terror attacks, strikes or other disruptions, political instability, epidemics, government restrictions or for acts or omissions of persons or agencies not directly controlled by the Company and/or its affiliates and/or the coaches. If Services are not rendered by us due to force majeure, you are not entitled to get a refund.
15. Forfeiture of Late Complaints
If a problem should occur during the Service, please contact support@teamefcoaching.com as soon as possible. In case a corrective action was not taken by the Company during the subscription period, then any complaints need to be raised in writing no later than 30 days after the termination of the Subscription Period and sent to Argyle Coaching, Inc., Two Education Circle, Cambridge, MA 02141 (the “Deadline”). Any complaints that are raised after the Deadline shall be forfeited.
16. Assignment
You may not assign your rights or delegate your duties under these Terms without the prior written consent of the Company. The Services are not transferable.
17. Severability
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the any provision of this Agreement is deemed invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
18. Governing Law
This Agreement shall be construed under and in accordance with the laws of the State Commonwealth of Massachusetts exclusive of any conflict-of-law or choice of law rules and principles.
19. Arbitration Procedures
All Disputes (as defined below) between you and the Company shall be resolved by binding arbitration. Arbitration is a form of private dispute resolution and replaces the right to go to court. In the absence of this Section, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into these Terms constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow these Terms and can award the same damages and relief as a court (including attorney’s fees).
For the purpose of this Section, “the Company” means the Company and its parents, subsidiary, and affiliate companies, and each of their respective officers, directors, employees, independent contractors (including coaches), stockholders, agents and representatives. The term “Dispute” means any dispute, claim, or controversy between you and the Company regarding, arising out of or relating to any aspect of your relationship with the Company, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable cause of action or claim for relief, and includes the validity, enforceability or scope of this Section (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any claims against other parties relating to services or products provided or billed to you (such as the Company’s licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.
YOU AND THE COMPANY EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS SECTIONN.
19.1 Pre-Arbitration Claim Resolution
For all Disputes, whether pursued in court or arbitration, you must first give the Company an opportunity to resolve the Dispute. You must commence this process by mailing written notification to Argyle Coaching, Inc., Two Education Circle, Cambridge, MA 02141, Attn.: Legal Department. That written notification must include (1) your name, (2) your address, (3) a written description of your claim, and (4) a description of the specific relief you seek. If the Company does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.
19.2 Exclusions from Arbitration/Right to Opt Out
Notwithstanding the above, you or the Company may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court or, to the extent it has jurisdiction, an equivalent authority; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS (the “Opt-Out Deadline”). You may opt out of this Section by mailing written notification to Argyle Coaching, Inc., Two Education Circle, Cambridge, MA 02141, Attn.: Legal Department. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with the Company through arbitration. Your decision to opt-out of this Arbitration Section will have no adverse effect on your relationship with the Company. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court (or, to the extent it has jurisdiction, an equivalent authority)..
19.3 Arbitration Procedures
If this Section applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or the Company may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration only and shall in no event be commenced as a class arbitration or a consolidated or representative action or arbitration. All issues shall be for the arbitrator to decide, including the scope of this Section.
For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1 (800) 778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1 (800) 352-5267. This Section governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action or representative action procedures or rules apply to the arbitration.
Because the Site and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
19.4 Arbitration Award
The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA or other applicable law and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
19.5 Location of Arbitration
You or the Company may initiate arbitration in either Boston, Massachusetts or the federal judicial district that includes your billing address.
19.6 Payment of Arbitration Fees and Costs
The Company will pay all arbitration filing fees and AAA or JAMS hearing fees and any arbitrator’s hearing fees, costs and expenses upon your written request to the arbitrator given at or before the first evidentiary hearing in the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with the Company as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.
19.7 Class Action Waiver
Except as otherwise provided in this Section, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, representative action, or private attorney general action) unless both you and the Company specifically agree to do so in writing following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the Arbitration Section, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Site or the mobile applications can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
19.8 Jury Waiver
You understand and agree that by entering into these Terms, to the extent that a civil jury trial would otherwise be available to you and the Company, you and the Company are each waiving the right to a jury trial or a trial before a judge in a public court (except where applicable law prohibits such a waiver). In the absence of this Section, you and the Company might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.
20. Acceptable Use Policy
This Acceptable Use Policy (the “Policy”) shall be deemed to form part of the Terms. It constitutes a legally binding agreement between you, as a user of the Services, and the Company, as the operator of the Team EF Coaching services regarding your use of the Service. This Policy applies to all “Riders” (which means that you have registered with Team EF Coaching) and “Visitors” (which means that you simply browsed the Site) accessing the Site or using the Service. The term "you" or "User" refers to a Visitor or a Rider. Please read this Policy carefully before accessing the Site or using the Service.
If you do not agree with this Policy, please do not use the Service.
In order to use the Service, you need to be at least 18 years of age and have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws. If we learn that you don’t fulfill these criteria, we will have the right to terminate your Subscription and/or disable your account. You also warrant that any registration information that you submit to us is true, accurate and complete, and you agree to keep it that way at all times.
Before you continue, you should print or save a local copy of this Policy for your records.
20.1 Access Right
The Service and the content provided through it is the property of the Company or the Company’s licensors, and we grant you a limited, non-exclusive, revocable permission to make personal, non-commercial use of the Service and to receive the content made available through the Service in your local country, based on the Subscription or Trial you have selected.
Access to the Team EF Coaching software applications is granted, not sold, to you, and the Company or its licensor retains ownership of all copies of the software applications even after installation on your devices.
All materials of the Service, including content, text, images, software, audio and video files, documentation and Team EF Coaching remain at all time the sole property of the Company or its licensors. Such materials are protected under international copyright, trademark and other intellectual property laws. You may not post, distribute, sublicense, translate or reproduce in any way any such materials without the prior express written consent of the Company.
All Company trademarks, service marks, trade names, logos, domain names, and any other features of the Team EF Coaching or EF brand are the sole property of the Company or its licensors. This access right does not grant you any rights to use the Team EF Coaching or EF trademarks, service marks, trade names, logos, domain names, or any other features of the Team EF Coaching or EF brand, whether for commercial or non-commercial
You agree to abide by our User Guidelines (Section 2 below), and not to use the Service in any manner not expressly permitted by the Terms. You are only entitled to access and use the Service for lawful purposes.
20.2 User Guidelines
We’ve established a few ground rules for you to follow when using the Service, to make sure Team EF Coaching Live stays enjoyable for everyone. Please follow these rules and encourage other users to do the same. Please note that the opinions and messages posted by users at Team EF Coaching do not reflect and are not representative of the views of the Company or its employees, affiliates, suppliers or partners. The Company is not responsible for the content of messages sent by users to other users through Team EF Coaching.
20.3 User generated content
Team EF Coaching strives to create a global community of riders. As such, users may have the ability to post messages, upload and/or contribute content to the Service, including pictures and text, use chat rooms, participate in group or one-on-one discussions/lessons, and find cycling resources (hereinafter jointly “User Content”). You represent that you have the right to post or in other ways contribute any User Content which you post or otherwise contribute to the Service, and that such User Content, or its use by us, does not violate this Policy, any applicable law, or the intellectual property rights of others. You grant us a non-exclusive, transferable, sub- licensable, royalty-free, worldwide license to use any User Content that you post on or in connection with Team EF Coaching. This license lasts for five years after termination of your Team EF Coaching account. Aside from the rights specifically granted to us herein, you retain ownership of all rights, including intellectual property rights, in the User Content, except that, where applicable under local law, you agree to waive your right to be identified as the author of any User Content on the Service and your right to object to derogatory treatment of such User Content. You understand that User Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You are solely responsible for the content of the User Content. In addition, by using these Services, you agree not to publish, contribute or post any material that:
• Contains content that is not original or for which you have not received the prior express written consent of the originator of said content.
• Contains objectionable language or is in any way profane, pornographic, sexually explicit, slanderous or libelous.
• Contains viruses or any other code designed to interrupt, destroy or incapacitate the functionality of any software, hardware or telecommunications.
• Can be considered "spamming" such as chain letters, junk mail, or other solicitations.
• Attempts to impersonate another person or breaches the security of the Service and its users.
The Company may remove any posted message, recorded discussions/lessons or other User Content at any time. Any directory over fellow riders, including the information contained therein represents proprietary information owned and maintained exclusively by the Company. Using the directory for any purpose other than cycling related correspondence between Team EF Coaching Riders is strictly forbidden.
The Company does not actively monitor, review, or edit User Content, but reserves the right to monitor the Services for purposes of determining that the usage is in compliance with this Policy and applicable laws. The Company may remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in the Company’s sole discretion, violates law, this Policy or is otherwise unacceptable to us. The Company may take these actions without prior notification to you.
20.4 Intellectual Property
The Company respects intellectual property rights and expects you to do the same.
This means, for example, that the following is not permitted: (a) copying, reproducing, “ripping”, or making available to the public any part of the Service or content delivered to you via the Service, or otherwise any making use of the Service which is not expressly permitted under this Policy; (b) reverse-engineering, decompiling, disassembling, modification or creating derivative works based on the Service or any part thereof; (c) circumventing any technology used by the Company, its licensors, or any third party to protect content accessible through the Service; (d) renting or leasing of any part of the Service; and (e) providing your password to any other person or using any other person’s user name and password.
You agree that you will not:
• Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor Team EF Coaching or any portion of Team EF Coaching, without the Company’s express written consent, which may be withheld in the Company’s sole discretion;
• Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search Team EF Coaching, other than the search engines and search agents available through the Service and other than generally available third-party web browsers (such as Microsoft Explorer); or
• Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of Team EF Coaching or the Service.
20.5 User Activities
Please respect Team EF Coaching and other users of the Service.
Don’t engage in any activity on the Service, contribute or upload User Content, including registering and/or using a username, which is or includes material that (a) is offensive, abusive, defamatory, pornographic or obscene; (b) is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to, violations of intellectual property rights, privacy rights or proprietary rights of the Company or a third party; (c) includes personal data of third parties or is intended to solicit such personal data, (d) includes malicious content, such as viruses, worms, Trojan horses or any other contaminating or destructive features, or otherwise interferes with any user’s access to the Service or the proper working of Team EF Coaching or the Service; (e) is intended to or does harass or bully other users; (f) impersonates or misrepresents your affiliation with another user, person or entity, or is otherwise fraudulent, false, deceptive, or misleading; (g) involves the transmission of unsolicited mass mailing (“spam”), junk mail, chain letter, or similar (h) involves commercial or sales activities, such as advertising, contests, sweepstakes, or pyramid schemes; (i) promotes commercial products or services; (j) interferes with the Service, tampers with or attempts to probe, scan, or test for vulnerabilities in the Service or the Company’s computer systems or network, or breaches any of Team EF Coaching’s security or authentication measures, or (k) conflicts with the Terms, as determined by the Company.
Please be thoughtful about what you make public on Team EF Coaching. The Service includes social and interactive features, including the ability to post and otherwise contribute User Content, share content, and make certain information about you public, as further described in your account settings. Remember that shared, recorded or otherwise publicly available information may be used and re-shared by other users on Team EF Coaching or across the web, so please use Team EF Coaching carefully and manage your account settings regularly. The Company has no responsibility for your choices to make any actions or material public on the Service.
You are responsible for maintaining the secrecy of your Team EF Coaching account (the "Account"), username and password. You understand that you are responsible for all use of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please contact us here immediately and change your password as soon as possible.
In order for the Service to function effectively, you must also keep your registration information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service to you will be affected.
In our sole discretion, we may terminate your Account, or modify, reclaim or remove any username associated with your Account, for any reason (including for reasons related to unlawful or unauthorized usage) and we are under no obligation to retain a record of your Account or any data or information that you may have stored by means of the Account and/or the Service.
21. Suspension
The Company may suspend your access to the Service at any time, including in the event of your actual or suspected unauthorized use of the Service or non-compliance with this Policy or the Terms. If the Company suspends your access to the Service, you agree that the Company shall have no liability or responsibility to you, to the fullest extent permitted under applicable law.
22. Technology Limitations and Modifications
The Company will make reasonable efforts to keep the Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. The Company reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Service, with or without notice, all without liability to you for any interruption, modification, or discontinuation of the Service or any function or feature thereof. You understand and agree that the Company has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service.
23. Privacy and Security Policy
You will be required to register and create an account with Team EF Coaching in order to access certain features of the Site and Services. Information gathered through the registration process and information related to your account will be subject to these Terms as well as to our Privacy Policy. You represent and warrant that you will not create an account for anyone other than yourself without permission, that all information provided by you when creating an account is true, accurate and complete, and that you will maintain, at all times, true, accurate and complete information related to your account.
Thank you for reading our Terms. We hope you enjoy Team EF Coaching.
If you have any questions about Team EF Coaching’s policies and practices, please contact us at hello@teamefcoaching.com.
24. California Consumer Notice
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: This Site and the mobile applications are provided by Argyle Coaching, Inc., Two Education Circle, Cambridge, MA 02141. If you have a question or complaint regarding the Site or the mobile applications, please contact us at support@teamefcoaching.com. You may also contact us by writing Argyle Coaching, Inc., Two Education Circle, Cambridge, MA 02141, Attn.: Legal Department. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Boulevard, Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.