Terms of Use

Applause

Getting Started

Gail McDaniel
914-472-7907
gail@mcdanielcoaching.com

Read this Terms and Conditions of Use Agreement Before Accessing Web Site.

Effective Date: Terms of Use Agreement was last updated on May 10, 2007.

Acceptance of Terms

This Terms and Conditions of Use Agreement sets forth the terms and conditions of use of the McDaniel Coaching, LLC (“McDaniel Coaching”) website (the “Website”). By using the McDaniel Coaching website you (the “Visitor”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you must immediately cease all use of the Website. If you breach any of the Terms and Conditions of Use, your authorization to use the Website automatically terminates. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted on the McDaniel Coaching web site. Your continued use of the Website after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

A hard copy of these Terms and Conditions of Use is available to you by printing these Terms and Conditions of Use directly from the Website, by downloading the Terms and Conditions of Use from the Website to a disk and then printing them or by requesting a hard copy by email.

Description of Service

McDanielCoaching.com is providing visitors with information about the services of McDaniel Coaching and about the owner, Gail McDaniel. Visitors must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for their own access to the Internet, and (3) pay any fees relate with such connection.

Disclaimer of Warranties

THE SITE IS PROVIDED BY MCDANIEL COACHING ON AN “AS IS” AND ON AN “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MCDANIEL COACHING MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE USE OR THE RESULTS OF THIS WEB SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. MCDANIEL COACHING SHALL HAVE NO LIABILITY FOR ANY INTERRUPTIONS IN THE USE OF THIS WEB SITE. MCDANIEL COACHING DISCLAIMS ALL WARRANTIES WITH REGARD TO THE INFORMATION PROVIDED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THEREFORE THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES THAT ARE NOT PERMITTED TO BE EXCLUDED ARE LIMITED TO NINETY (90) DAYS OR SUCH LONGER PERIOD AS APPLICABLE LAW REQUIRES.

Limitation of Liability

MCDANIEL COACHING SHALL NOT be liable for any damages whatsoever, and in particular. MCDANIEL COACHING shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if MCDANIEL COACHING has been advised of the possibility of such damages. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF THE LIMITATIONS SET FORTH ABOVE ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN mCDANIEL COACHING’S MAXIMUM LIABILITY TO YOU FOR ANY TYPE OF DAMAGES SHALL BNE LIMITED TO $100 OR SUCH LARGER AMOUT AS APPLICABLE LAW REQUIRES.

Indemnification

To the maximum extent permitted by applicable law, Visitors agree to indemnify and hold McDaniel Coaching, its members, officers and employees harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Vistor’s use of the Website, the violation of this Agreement, or infringement by Visitor, or other user of the Website using Visitor’s computer, of any intellectual property or any other right of any person or entity. You shall cooperate as fully as reasonably required in the defense of any claim. McDaniel Coaching reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of McDaniel Coaching.

Modifications and Interruption to Service

McDaniel Coaching reserves the right to modify or discontinue the Website with or without notice to the Visitor. McDaniel Coaching shall not be liable to any Visitor or any third party should McDaniel Coaching exercise its right to modify or discontinue the Website. Visitor acknowledges and accepts that McDaniel Coaching does not guarantee continuous, uninterrupted or secure access to the Website and operation of the Website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

Third-Party Sites

Our Website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. These links are provided solely as a convenience to you and not as an endorsement by McDaniel Coaching of the contents of such third-party websites. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therefor. We encourage all Visitors to review the privacy policies and terms and conditions of use of third-parties’ sites.

Governing Jurisdiction of the Courts of New York State

Our web site is operated and provided in the State of New York. As such, we are subject to the laws of the State of New York, and such laws, without giving effect to any choice of law rules, will govern these Terms and Conditions of Use,. We make no representation that our Website or other services are appropriate, legal or available for use in other locations and accessing them from jurisdictions where they are illegal is prohibited. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of New York, without giving effect to any choice of law rules, and you are responsible for compliance with any applicable local laws.

Acceptable Use of the Site

The Website and its services are intended to be used for the provision of information about McDaniel Coaching and its services.The Website may be used only for lawful purposes consistent with the foregoing intent. McDaniel Coaching is the sole interpreter of the Website's intended and acceptable use. It is your responsibility to ensure that your use of the Website complies with these Terms and Conditions of Use. As one of the conditions of your use of the Website, you represent, warrant and agree, as the case may be, to McDaniel Coaching that:

(a) you will not use (or encourage or help others to use) the Website for any purpose or in any manner that is prohibited by these Terms and Conditions of Use or by applicable law (b) you will not upload, post or transmit to or distribute or otherwise publish through the Website any materials that: (i) restrict or inhibit any individual who uses any aspect of the Website or its services (a “User”) from using and enjoying the Website; (ii) are unlawful, threatening, hateful, abusive, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, indecent or endorse or advocate illegal or immoral activity, or violate the rights of any third party; (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, statute, ordinance or regulation; (iv) violate, plagiarize or infringe the rights of third parties, including, without limitation, copyright, trademark, trade secret, patent, rights of privacy or publicity or any other proprietary right; (v) contain a virus, worm, Trojan horse, or any other destructive feature, regardless of whether you intend any damage to the Website and/or its content; (vi) contain any information, software or other material of a commercial nature; (vii) contain advertising of any kind; (viii) impersonate another person, living or dead; (ix) contain chain letters, pyramid schemes or like documents; (x) contain any opinions or notices, commercial or otherwise; (xi) contain any information or is presented in any manner or for any purpose other than that which is within the Website's intended and acceptable use; (xii) are unsolicited; or (xiii) constitute or contain false or misleading indications of origin or statements of fact, including, but not limited to, the use of a false name; (c) you will not upload, post or transmit to or distribute or otherwise publish through the Website any materials anonymously or under a false name; (d) you will report inappropriate conduct to McDaniel Coaching; (e) you will represent yourself accurately and truthfully at all times; (f) you grant McDaniel Coaching the right to verify independently by any lawful means any information that you transmit through the Website, including, but not limited to, information about yourself; (g) you will not modify, alter, adapt, translate, create derivative works from, reverse engineer, disassemble, decompile or decode the Website, or any element of it for any reason, except as expressly permitted by applicable law; and (h) you will not use any robot, spider, other automatic device, or manual process to monitor or copy the Website or its content, or any substantial part thereof without McDaniel Coaching’s prior written consent.

Copyright and Trademark Information

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2007 McDaniel Coaching/mcdanielcoaching.com with all rights reserved; and is the property of McDaniel Coaching and/or third parties protected by intellectual property rights. Any use of materials on the web site, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of McDaniel Coaching is strictly prohibited and may violate applicable copyright laws. McDaniel Coaching does not grant any express or implied right or license under any copyright or other intellectual property laws in any material or content on the Website, except as authorized in these Terms and Conditions. Except for printing not more than two copies of materials or content provided on the Website for use consistent with the purposes of the Website, no portion of the materials, content or information on the Website may be reproduced or distributed in any form or by any means without McDaniel Coaching’s prior written permission.

McDaniel Coaching and mcdanialcoaching.com are trademarks of McDaniel Coaching. Elements of the Website, including, but not limited to the “look and feel” of the Website, are protected by trade dress and other laws and may not be copied or imitated in whole or in part. McDaniel Coaching’s trademarks may not be used in connection with any product or service that is not provided by McDaniel Coaching in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits McDaniel Coaching.

All other trademarks displayed on mcdanielcoaching.com web site are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with McDaniel Coaching.

Privacy Policy

“Your Information” includes any information that you provide to McDaniel Coaching, including but not limited to, any information that you provide (i) during your use of the Website, or (ii)through any electronic mail (“e-mail”) you send to McDaniel Coaching, using the Website’s e-mail feature. McDaniel Coaching will only use and disclose Your Information in accordance with its then current privacy policy, available on the Website, which is incorporated herein by reference. Please note that any information that you may submit to websites linked to the Website will be subject to the privacy policies of such linked websites, and will not be subject to McDaniel Coaching’s privacy policy.

Use and Protection of User Name and Password

If you are issued a user name and/or password for the purpose of gaining access to any restricted areas of the Website, you are responsible for maintaining the confidentiality of your user name and password. You are no longer authorized to use, and you may not use, the user name and password if, at any time, you are no longer authorized to have access to the restricted areas of, the Website, or if the conditions that entitle you to access cease to exist. You are responsible for all uses of your user name and password whether or not you have expressly or impliedly authorized such use. McDaniel Coaching is entitled to rely on your compliance with the foregoing, and to assume that any person accessing restricted areas of the Website using your user name and/or password is you, or is authorized by you to enter into agreements or make warranties or representations on your behalf.

Security Rules

You are prohibited from taking any actions that will violate or attempt to violate the security of the Website, including, without limitation (a) accessing data not intended for your use or logging into a server or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus, worm or Trojan horse to, overloading, “flooding”, “mailbombing” or “crashing” the Website; or (d) sending unsolicited e-mail, including promotions and/or advertising of products or services; or (all of the foregoing, the “Security Rules”). Attempts to violate, or violations of, system or network security or the Security Rules may result in civil or criminal liability. McDaniel Coaching will investigate occurrences which may involve any such attempts or violations, may report them to law enforcement agencies, and may cooperate with law enforcement agencies in prosecuting users who are involved in such attempts to violate or violations.

Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, McDaniel Coaching / McDanielCoaching.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

By Telephone: 914 472-7907
By Email: gail@mcdanielcoaching.com

Other Terms

If any provision of these Terms and Conditions of Use shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that these Terms and Conditions of Use and any other agreements referenced herein may be assigned by McDaniel Coaching, in our sole discretion, to a third party. Except as expressly provided in a particular “Legal Notices” or text on a particular Web page of the Website, these Terms and Conditions of Use set forth the entire understanding and agreement between McDaniel Coaching and you with respect to the subject matter hereof. The Visitor agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement. McDaniel Coaching’s failure to act with respect to a breach by you or others does not waive McDaniel Coaching’s right to act with respect to subsequent or similar breaches. You acknowledge that by submitting communications to McDaniel Coaching, no confidential, fiduciary, contractually implied or other relationship is created between you and McDaniel Coaching other than pursuant to this Agreement.

Complaints, Questions or Comments

If you have any complaints, questions or comments about these Terms and Conditions of Use, the Website and/or its content, please feel free to e-mail us at info@mcdanielcoaching.com.

Assignments.

McDaniel Coaching may assign its rights under this Terms and Conditions of Use Agreement and the Site to any person or entity and in any such case this Terms and Conditions of Use Agreement and the Site shall benefit McDaniel Coaching’s successors and assigns.