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Terms and Conditions of Use
This page states the Terms and Conditions under which you
may use this Web Site. Please read this page carefully. If
you do not accept the Terms and Conditions stated here, do
not use the Web Site. Bill Cole, MS, MA and the International
Mental Game Coaching Association (IMGCA), may revise these
Terms and Conditions at any time by updating this posting.
You should visit this page periodically to review the Terms
and Conditions, because they are binding on you. Bill Cole,
MS, MA and the IMGCA reserve the right to change the terms
of this User Agreement or to modify any features of this Web
Site at any time without notice to you, and you agree to be
bound by such changes. Any changes to this User Agreement
shall become a part of this User Agreement and shall apply
as soon as they are posted. The most current version of the
User Agreement can be viewed at any time at: https://www.mentalgamecoaching.com.
Section 1. Use of Material
Bill Cole, MS, MA and IMGCA authorize you to view and download
a single copy of the material on this Web Site (www.mentalgamecoaching.com)
solely for your personal, noncommercial use. Special rules
may apply to the use of certain software and other items provided
on the Web Site. Any such special rules are listed as "Legal
Policies" on this Web Site and are incorporated into this
Agreement by reference. The contents of the Web Site, such
as text, graphics, images and other material ("Material")
are protected by copyright under both United States and foreign
laws. Unauthorized use of the Material may violate copyright,
trademark, and other laws. You must retain all copyright and
other proprietary notices contained in the original Material
on any copy you make of the Material. You may not sell or
modify the Material or reproduce, display, publicly perform,
distribute, or otherwise use the Material in any way for any
public or commercial purpose, unless otherwise noted. The
use of the Material on any other Web Site or in a networked
computer environment for any purpose is prohibited, unless
otherwise noted. Bill Cole, MS, MA and the IMGCA reserve the
right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Web Site (or any part thereof)
with or without notice. You agree that Bill Cole, MS, MA and
the IMGCA shall not be liable to you or any third party for
any modification, suspension or discontinuance of the Web
Site. These Terms of Use are effective until terminated by
either party. Your access to the IMGCA Web Site (www.mentalgamecoaching.com)
may be terminated immediately without notice from us if, in
our sole discretion, you fail to comply with any term of these
Terms of Use. Upon such termination, you must cease use of
the IMGCA Web Site (www.mentalgamecoaching.com) and destroy
all materials obtained from such site and all copies thereof,
whether made under the terms of these Terms of Use or otherwise.
You may terminate at any time by discontinuing use of the
IMGCA Web Site (www.mentalgamecoaching.com). For information
on reprinting of articles, see Article
Usage Guidelines.
Section 2. Your Account
If you use this Web Site (www.mentalgamecoaching.com), you
are responsible for maintaining the confidentiality of membership
and account information, credit card information, usernames,
passwords and ID's that may be required to use the Web Site
(www.mentalgamecoaching.com) from time to time ("Account Information")
and for restricting access to your computer or other devices,
and you agree that you are responsible for all activity that
occurs under or with the use of your Account Information (including,
without limitation, usernames and password). Bill Cole, MS,
MA, the IMGCA and this Web Site (https://www.mentalgamecoaching.com)
reserve the right in their sole discretion to refuse access
to this Web Site or services provided through it, terminate
accounts and usage rights, edit or remove content or Submissions
(as defined below) and cancel orders or requests for materials
made through the site.
Terms and Conditions of Membership
Access to membership and its privileges implies acceptance
of these membership terms and conditions. Terms and conditions
may be updated from time to time and will apply from the date
of publication on the IMGCA web pages.
Membership and Subscriptions
Access to the member portions of the IMGCA web site and other
member privileges will be dependent on payment of the applicable
membership subscription at the time of the inauguration of
the membership. IMGCA membership may be cancelled by Members
at any time and Members understand that membership fees will
be refunded in a prorated manner for the remaining annual
membership period.
Renewal
Membership expires in 12 calendar months. Membership must
be renewed by the specified start date; otherwise, the Member
is subject to cancellation and all Member services and privileges
will be discontinued.
Cancellation
IMGCA reserves the right to terminate your membership if it
learns that you have provided false or misleading registration
information, interfered with other IMGCA users, or members,
or the administration of IMGCA services, or have damaged the
good name of IMGCA, or have been involved in the unauthorized
use of IMGCA names, brands, logos or designs or have violated
these Terms and Conditions of Membership. If IMGCA cancels
your membership due to any of the preceding, there will be
no refund of payments for membership, member access or special
privilege services.
Terms and Conditions of IMGCA Certification
Access to any IMGCA Certification Program and its privileges implies acceptance of these certification terms and conditions. Terms and conditions may be updated from time to time and will apply from the date of publication on the IMGCA web pages.
Progress in An IMGCA Certification Program
IMGCA requires that students make regular installment tuition payments to be granted continuous access to the full range of IMGCA content in the IMGCA Certification Backroom. If an IMGCA certification student has paid in full, no additional installment payments are due.
A certification student can, at any time, place their program on hold as long as they need, for any reason, or for no reason, and they can return to certification training when they are ready. The student must notify IMGCA in writing to officially pause their program. At that time, the student's certification program will be placed on hold, and no further installment payments, if required, will be due until the student wishes to resume their certification program.
Certification students may alter the pace of their program at any time. IMGCA wants each certification student to succeed, so IMGCA will work with each student to make their program manageable and convenient. IMGCA has no mandatory time deadlines for completing any certification program.
Leave Of Absence Status For IMGCA Certification
IMGCA certification students are expected to notify IMGCA in a timely manner, in writing, prior to taking a leave of absence from their certification program. IMGCA understands that life events happen, and IMGCA wants to be as accommodating as possible for our students.
Sometimes an IMGCA certification student remains out of contact with IMGCA for a very long period of time. Once IMGCA has made four attempts to contact an IMGCA certification student who has not responded to requests to complete their certification, this student shall be placed on a "leave of absence status" and their access to the IMGCA Private Certification Backroom will be suspended.
Once a student graduates from any IMGCA certification program, any unused and/or student-waived one-on-one live classes with Bill Cole or with any other IMGCA trainer expire, and do not carry over past that point.
Renewal Of IMGCA Certification
Each IMGCA Certification expires in 12 calendar months from graduation. IMGCA Certification must be renewed by paying the annual IMGCA recertification fee by the specified start date; otherwise, the IMGCA Certified Graduate status is subject to cancellation and all Certification services and privileges will be discontinued.
Once the annual IMGCA recertification fee is paid, the IMGCA graduate will be reinstated, with all certification rights and privileges restored.
Cancellation Of Certification By An IMGCA Student
Access to the certification portions of the IMGCA web site, live coaching classes and other certification privileges will be dependent on payment of the applicable certification fees within the certification program selected, and on payment of ongoing annual certification fees once graduated.
Any paid IMGCA certification program or paid annual fee may be cancelled by a certification student at any time by notifying IMGCA in writing, and a certification student understands that in that case any remaining certification fees that were paid will be refunded in an IMGCA-calculated prorated manner for the student's remaining IMGCA certification program or certified calendar year. The IMGCA pro-rated refund is not solely dependent upon the number of certification classes a student has completed, or that are remaining, or based on a certain time period, because a large part of the IMGCA certification value students receive is calculated from the value of the proprietary worldwide IMGCA brand, IMGCA logos, IMGCA handouts, articles, forms, assessments, audios, videos and checklists students are granted access to as part of their certification fee.
Cancellation Of Certification By IMGCA
IMGCA reserves the right to terminate any student from their Certification Program if IMGCA learns that the student has provided false or misleading registration information, interfered with other IMGCA certification students, or IMGCA members, or the administration of IMGCA services, or has damaged the good name of IMGCA, or if they have been involved in the unauthorized use of IMGCA names, brands, logos or designs, or if they have violated these Terms and Conditions of Certification. If IMGCA terminates a student from their IMGCA Certification Program due to any of the preceding, any remaining certification fees that were paid will be refunded in an IMGCA-calculated prorated manner for the student's remaining IMGCA certification program or certified calendar year. The IMGCA pro-rated refund is not solely dependent upon the number of certification classes a student has completed, or that are remaining, or based on a certain time period, because a large part of the IMGCA certification value students receive is calculated from the value of the proprietary worldwide IMGCA brand, IMGCA logos, IMGCA handouts, articles, forms, assessments, audios, videos and checklists students are granted access to as part of their certification fee.
Past-Due Payments
If your account is not in good standing, IMGCA reserves the right to temporarily pause your certification program, temporarily pause your membership and / or certification private backroom access and temporarily pause your graduation from a prior or pending IMGCA certification program. Even if you have paid in full for a prior or pending IMGCA certification, and even if you have completed all requirements for any certification, if your account is not in good standing, IMGCA reserves the right to pause that prior or pending certification’s graduation until your account has been brought into good standing. Once your account has been brought into good standing, your certification program(s) can resume and private backroom access will be reinstated.
IMGCA will send two past-due invoice email notifications about fees or payments being late, and if payment is not made within 14 days, the student will be suspended. If payment is made in full in a timely manner, the student's access and full benefits will be immediately reinstated, with the suspension lifted.
Good Standing
An IMGCA member or IMGCA certification student is considered to be in good standing when they:
- Have complied with the terms and conditions of the IMGCA member agreement and / or the IMGCA certification agreement they submitted in their application.
-
Are current in their financial obligations to IMGCA.
- Have not engaged in any “abusive or unacceptable behavior”, as defined below.
“Abusive or unacceptable behavior” includes, but is not limited to, any of the following conduct:
- Any threats of or actual bodily harm or illegal activity against another IMGCA member or IMGCA certification student, IMGCA staff member, IMGCA employee or IMGCA volunteer.
-
Any form of action which may constitute harassment under the IMGCA harassment policy. For example:
- Any type of harassment, directly, indirectly, verbal, written or implied, including age, sexual, ethnic, religious affiliation or racial harassment;
-
Racial or ethnic slurs, engaging in sexual conduct;
-
Making sexual overtures;
-
Inappropriate touching;
-
Making sexual flirtations, advances or propositions;
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Engaging in verbal, written or visual abuse of a sexual, racial or ethnic nature;
-
Making graphic or degrading comments about an individual or his or her appearance.
-
Displaying or transmitting sexually suggestive objects, pictures or video content.
-
Fighting, pushing, pulling, kicking or other physical harm or attempted harm towards an IMGCA member, IMGCA certification student, IMGCA staff member, IMGCA employee or IMGCA volunteer. For example:
- Engaging in offensive or abusive physical contact.
-
Making false, vicious or malicious statements about any IMGCA staff member, or the IMGCA and its services, operations, policies, practices, or management.
-
Using profane, abusive, vulgar, intimidating, or threatening language directed towards an IMGCA member, IMGCA certification student, IMGCA staff member, IMGCA employee or IMGCA volunteer.
-
Brandishing or threatening to use firearms or weapons or any hazardous or dangerous device at an IMGCA function.
- Possession, sale, use or being under the influence of an unlawful or unauthorized substance (e.g., drugs or alcohol) at an IMGCA function, or IMGCA class, workshop, seminar, or meeting, whether on-line or in person.
- Attempting to coerce or interfere with an IMGCA staff member, IMGCA employee or IMGCA volunteer in the performance of their duties at any time.
- Uncivil conduct or failure to maintain satisfactory or harmonious working relationships with other IMGCA members, IMGCA staff members, IMGCA employees and IMGCA volunteers.
- Conducting or attempting to conduct or engage in any fraudulent, dishonest or deceptive activity of any kind involving IMGCA members, IMGCA staff members, IMGCA employees and IMGCA volunteers.
- Sharing with unauthorized persons IMGCA copyrighted, proprietary materials and content including, but not limited to, assessments, quizzes, checklists, articles, guides, syllabi, workbooks, books, special reports, glossary, audios, teleclasses, videos, and any future materials yet to be posted.
- Sharing login credentials with unauthorized persons for the IMGCA membership private back room and / or the IMGCA certification program private back room.
- A pattern of late responses when emailed, texted or phoned, and /or a lack of responsiveness or refusal when asked to submit certain documents.
- Any other act which endangers the safety, health, or well-being of another person or which is of sufficient magnitude that it causes disruption of business at IMGCA.
This list is non-exhaustive and is used only as an example of types of behavior that may be viewed as “abusive or unacceptable” by IMGCA.
Section 3. Liability
The Material on the IMGCA Web Site may contain inaccuracies
or typographical errors. Bill Cole, MS, MA and the IMGCA make
no representations about the accuracy, reliability, completeness,
or timeliness of the Material or about the results to be obtained
from using the Web Site and the Material. The use of the Web
Site and the Material is at your own risk. Bill Cole, MS,
MA and the IMGCA do not warrant that the Web Site will operate
error-free or that this Web Site and its server are free of
computer viruses and other harmful goods. If your use of the
Web Site or the Material results in the need for servicing
or replacing equipment or data, Bill Cole, MS, MA and the
IMGCA are not responsible for those costs. Bill Cole, MS,
MA and the IMGCA also assumes no responsibility, and shall
not be liable for, any damages to, or viruses that may infect,
your computer equipment or other property on account of your
access to, use of, or browsing in the Web Site or your downloading
of any materials, data, text, images, video, or audio from
the Web Site. Information may be changed or updated without
notice. Bill Cole, MS, MA and the IMGCA has no obligation
to update information presented on this Web Site; therefore,
information contained herein may be out of date at any given
time. Changes, revisions or enhancements to products, services
or account information described in this Web Site may occur
at any time without notice. The Web Site and Material are
provided on an "as is" basis without any warranties of any
kind. Bill Cole, MS, MA and the IMGCA, and its suppliers,
to the fullest extent permitted by law, disclaim all warranties,
including the warranty of merchantability, non-infringement
of third-parties rights, and the warranty of fitness for particular
purpose. Bill Cole, MS, MA and the IMGCA and its suppliers
make no warranties about the accuracy, reliability, completeness,
or timeliness of the material, services, software, text, graphics,
and links. Bill Cole, MS, MA and the IMGCA cannot guarantee
completion of any future products or product features mentioned
on this Web Site, and no reliance should be placed on their
availability. Bill Cole, MS, MA and the IMGCA are not rendering
any legal or professional services by placing information
on this Web Site. Bill Cole, MS, MA and the IMGCA assume no
liability or responsibility for any errors or omissions in
information on this site. Images of people or places displayed
on the Web Site are either the property of, or used with permission
by, Bill Cole, MS, MA and the IMGCA. The use of these images
by you, or anyone else authorized by you, is prohibited unless
specifically permitted by these Terms and Conditions or specific
written permission provided elsewhere on the Web Site. Any
unauthorized use of the images may violate copyright laws,
trademark laws, the laws of privacy and publicity, or communications
regulations and statutes. No one may systematically retrieve
Material from the site to create or compile, directly or indirectly,
a collection, compilation, database, or directory without
written permission from Bill Cole, MS, MA and the IMGCA.
Section 4. Disclaimer of
Consequential Damages
In no event shall Bill Cole, MS, MA and the IMGCA, its affiliates,
and their respective members, directors, officers, managers,
employees, shareholders, agents, and licensors, or any third
parties mentioned at this site be liable for any damages whatsoever
(including, without limitation, incidental and consequential
damages, lost profits, or damages, including reasonable attorneys'
fees, resulting from lost data, lost opportunity, or business
interruption) resulting from the use or inability to use the
Web Site and the Material, whether based on warranty, contract,
tort, or any other legal theory, and whether or not Bill Cole,
MS, MA and the IMGCA are advised of the possibility of such
damages. You assume the entire cost of all necessary servicing,
repair or correction. Bill Cole, MS, MA and the IMGCA reserve
the right to take over the exclusive defense of any claim
for which we are entitled to indemnification under this Section.
In such event, you shall provide Bill Cole, MS, MA and the
IMGCA with such cooperation as is reasonably requested by
Bill Cole, MS, MA and the IMGCA. In no event does any material
provided by or on this Web Site constitute legal, financial,
psychological, sports, health, nutritional, counseling or
medical advice. Use the information and material provided
by or on this Web Site only with the assistance of competent
legal, financial, psychological, sports, health, nutritional,
counseling or medical counsel. Visitors to this Web Site use
www.mentalgamecoaching.com at their sole risk.
Section 5. Links to Other Sites
This Web Site contains links to third party Web Sites. These
links are provided solely as a convenience to you and not
as an endorsement by Bill Cole, MS, MA and the IMGCA of the
contents on such third-party Web Sites. Please exercise discretion
while browsing the Internet using the IMGCA Web Site. You
should be aware that while you are on the IMGCA Web Site,
you could be directed to other sites that are beyond our control.
There are links to other sites from IMGCA Web Site pages that
take you outside of our service. This includes links from
state, regional and International Mental Game Coaching Association
chapters, sponsors and content partners that may use our logo(s)
as part of a co-branding or other agreement. These other sites
may send their own cookies to users, collect data, solicit
personal information, or contain information that you may
find inappropriate or offensive. Bill Cole, MS, MA and the
IMGCA reserve the right to disable links from third party
sites to the IMGCA Web Site.
If you decide to access linked third-party Web Sites, you
do so at your own risk. Bill Cole, MS, MA and the IMGCA encourage
you to examine each Web Site's privacy policy and make your
own decisions regarding the accuracy, reliability and correctness
of material and information in those Web Sites. Bill Cole,
MS, MA and the IMGCA have not necessarily evaluated the third-party
products, services, or ideas posted or promoted on the IMGCA
Web Site, or the statements or claims made about them, and
cannot be held responsible for the content, accuracy, relevancy,
copyright compliance, legality or decency of material contained
in sites listed in IMGCA search results or otherwise linked
to the IMGCA Web Site and does not make any representations
regarding the content of materials on such third-party Web
Sites and accepts no responsibility or liability in connection
with them. Before making any purchase, you may want to seek
more information from the marketer of the product, service,
or idea, or from third parties including, but not limited
to, a Better Business Bureau, federal or state regulatory
authorities, or independent professionals. Bill Cole, MS,
MA, the IMGCA and www.mentalgamecoaching.com intend to maintain
the integrity of our Web Site, Materials and Products when
they are viewed in a setting created by a third party that
includes advertising or other materials that we have not authorized
to be displayed with our Web Site, Materials and Products.
Neither you nor any third party shall make use of the contents
of the Web Site, Materials and Products in any manner that
constitutes an infringement of our rights, including copyright
or that has not been authorized by us.
Section 6. Submissions
For any and all Submissions of ideas, articles, comments,
art work, logos, concepts, suggestions or critiques for articles,
ezines, products, books, downloads, products or other items
(Submissions) via this Web Site, www.mentalgamecoaching.com
(including member chat areas, discussion boards, postings
and general email), Bill Cole, MS, MA, the IMGCA or www.mentalgamecoaching.com
will not be responsible for lost or damaged items. You hereby
agree and represent to Bill Cole, MS, MA and the IMGCA that
you own or have been granted the necessary intellectual property
and other rights in the Submissions (including, without limitation,
a waiver of any applicable moral rights) to grant such license
to Bill Cole, MS, MA and the IMGCA, that no such Submissions
are, or shall be, subject to any obligation of confidence
on the part of Bill Cole, MS, MA and the IMGCA and that Bill
Cole, MS, MA and the IMGCA shall not be liable for any use
or disclosure of any Submissions. Unless otherwise noted on
this website or agreed to in writing, any Submissions or ideas
other than articles become the sole property of Bill Cole,
MS, MA and the IMGCA and you transfer copyright privileges
to Bill Cole, MS, MA without limitation or financial obligation.
Original authors retain copyright ownership of articles reprinted
on this website. There is no financial consideration for submission
or publication of any article or other material on this Web
Site, whether in the public area, or in any private member
areas. By posting communications to this Web Site, you automatically
grant Bill Cole, MS, MA and the IMGCA, a royalty-free, perpetual,
irrevocable nonexclusive license to use, reproduce, modify,
publish, edit, translate, distribute, perform, and display
the communication alone or as part of other works in any form,
media, or technology whether now known or hereafter developed,
and to sublicense such rights through multiple tiers of sublicensees.
Submissions to Bill Cole, MS, MA, the IMGCA and www.mentalgamecoaching.com
that do not request a confidential answer are considered to
be non-confidential and automatically grant permission to
Bill Cole, MS, MA and the IMGCA and www.mentalgamecoaching.com
to reproduce, distribute or otherwise use your Submissions
in Bill Cole, MS, MA, the IMGCA and www.mentalgamecoaching.com
marketing, promotional, or advertising campaigns. Bill Cole,
MS, MA, the IMGCA and www.mentalgamecoaching.com does not
represent or guarantee the accuracy or reliability of any
communications posted by other Users or endorse any opinions
expressed by Users. You acknowledge that any reliance on material
posted by other Users will be at your own risk.
Section 7. Limitation
of Liability
Unless otherwise expressly provided in a Legal Notice, the
aggregate liability for Bill Cole, MS, MA and the IMGCA to
you for all claims arising from the use of the Materials is
limited to zero dollars ($0.00).
Section 8. Indemnity
You agree to defend, indemnify, and hold harmless Bill Cole,
MS, MA and the IMGCA and its associates, employees and agents,
from and against any claims, actions or demands, including
without limitation reasonable legal and accounting fees, alleging
or resulting from your use of the Material or your breach
of the terms of this Agreement. Bill Cole, MS, MA and the
IMGCA shall provide notice to you promptly of any such claim,
suit, or proceeding and shall assist you, at your expense,
in defending any such claim, suit or proceeding.
Section 9. Unsolicited Email (SPAM)
Unsolicited and/or commercial email (SPAM) is not permitted
by the domain mentalgamecoaching.com. You must immediately
remove the domain name mentalgamecoaching.com from any mailing
lists unless we have specifically requested to be on those
lists. SPAM emails sent to mentalgamecoaching.com will be
investigated and any emails, which constitute unsolicited/commercial
emails, are recorded automatically and any future mailings
will result in the violator being billed for message transmission
and storage services at a flat rate of $100.00 per message
received. Bill Cole, MS, MA and the IMGCA reserve the right
to prosecute under any applicable spam laws. Sending unsolicited
email communication to any address containing the domain name,
"mentalgamecoaching.com", constitutes legal notice and acceptance
of this policy. This is the only notice which violators will
receive.
Section 10. Personal
Information
We do not automatically gather any personal information
from you, such as your name, phone number, or e-mail address.
This information is obtained only if you supply it voluntarily.
Contact information provided to us via e-mail or phone is
used to process requests and send information about our company
to our customers. At no time will we share any of this information
with any other person or company. Cookies are used only in connection with logging into the Members Only section and Certification backroom.
Section 11. Removal From
Our Lists
If you have asked to be added to our mailing list we may
contact you concerning product orders, information you have
requested, new products, services or upcoming programs and
events that may be of interest to you. If at any time you
decide that you no longer wish to receive additional information
from us, please follow the unsubscribe instructions on the
messages you receive from us, or notify us by e-mail or phone,
and your contact information will be removed from our mailing
list.
Section 12. Copyright Notice
Unless otherwise indicated, this Website and its contents
are the property of Bill Cole, MS, MA and the IMGCA and are
protected, without limitation, pursuant to U.S. and foreign
copyright and trademark laws. Unless otherwise indicated,
Bill Cole, MS, MA holds the exclusive copyrights for all content,
materials, articles, seminars, certification programs, speaking
programs, workshops, articles, titles, CD's, audio and video
clips, downloads and the IMGCA logos displayed on this Web
Site, www.mentalgamecoaching.com. The original authors of
reprinted articles retain copyright privileges for those articles.
Unless otherwise specified, articles, content and products
are for personal and non-commercial use. Unless otherwise
indicated, you may not copy, distribute, transmit, display,
perform, reproduce, publish, license, create derivative works
from, transfer, or sell any program, software, products, logos,
titles names or services obtained from the Material and/or
Products. Unless otherwise specified, the Material and/or
Products, whether in part or in whole, may not be used or
duplicated at a business, non-profit organization, or educational
facility without written consent from Bill Cole, MS, MA and
the IMGCA.
Section 13. Brand Names
This is the only official web site of the International
Mental Game Coaching Association (IMGCA). Any other web sites
with similar names or any combination of our brand names have
no affiliation to the IMGCA, and cannot claim to be official
IMGCA web sites. The International Mental Game Coaching Association,
mentalgamecoaching.com and the IMGCA are brand names and unregistered
trademarks of Bill Cole, MS, MA and the IMGCA. Bill Cole,
MS, MA and the IMGCA brand names may not be used in connection
with any product or service that is not Bill Cole, MS, MA
and the IMGCA in any manner that is likely to cause confusion
among customers, or in any manner that disparages or discredits
this Web Site. The absence of a trademark, product or service
name, slogan, or logo does not constitute a waiver of Bill
Cole, MS, MA and the IMGCA brand names, non-registered trademark
or other intellectual property rights concerning that name,
slogan, or logo. All product names in this Web Site whether
or not appearing in different type or with the trademark symbol
are trademarks of Bill Cole, MS, MA and the IMGCA.
Section 14. Services and
Results
By using the Material and Products of www.mentalgamecoaching.com,
Bill Cole, MS, MA and the IMGCA, you agree that the services
and products provided by www.mentalgamecoaching.com, Bill
Cole, MS, MA and the IMGCA, and the results obtained from
the efforts and recommendations of www.mentalgamecoaching.com,
Bill Cole, MS, MA and the IMGCA, are not guaranteed to improve
performance, income, health, fitness or specific earnings.
Unless otherwise written in our agreement(s), www.mentalgamecoaching.com,
Bill Cole, MS, MA and the IMGCA does not guarantee that any
portion of the Web Site (www.mentalgamecoaching.com) or work
which it performs or suggests to be implemented via its articles,
teleclasses, books, videos, newsletters, programs, certifications,
resources or any other information will increase performance,
income, or specific earnings as a result of working with www.mentalgamecoaching.com,
Bill Cole, MS, MA and the IMGCA. By utilizing the Material
and Products of www.mentalgamecoaching.com, Bill Cole, MS,
MA and the IMGCA, you acknowledge that your results will depend
on variables and factors outside our control including, but
not limited to: user motivation, user capabilities, user health
and fitness, user compliance with our recommendations and
suggestions, and other factors which neither party has control
over. The IMGCA wants you to be successful in your certification
program, and to be successful in using it to further your
work in this field. To that end, we intend to work closely
with you throughout your certification process. Sometimes
though, your plans and situation may change, and you may find
it necessary to either take a break or withdraw from the program.
If you are engaged in any IMGCA certification program you
agree to accept an IMGCA-calculated pro-rated refund if you
do not complete your certification program prior to graduation.
The IMGCA pro-rated refund is not solely dependent upon the
number of certification classes you have completed, because
part of the IMGCA certification value you receive is calculated
from the value of the proprietary IMGCA handouts, articles,
forms, assessments, audios and checklists you are granted
access to as part of your certification fee. Should you decide
to apply to a future IMGCA certification program, any coursework
you have done towards a previous IMGCA certification may be
used in partial fulfillment of a future IMGCA certification
program. If certification installment fees or annual recertification
renewal fees are not paid in a timely manner, and after one
late notice has been given by IMGCA, access to the certification
back room area may be suspended until payment is made. The
IMGCA, Bill Cole, MS, MA, and this Web Site (www.mentalgamecoaching.com)
is not a non-profit organization, does not have a board of
directors, and does not allow IMGCA members to have any control,
by voting or by other means, in the planning, operation or
functioning of this Web Site (www.mentalgamecoaching.com)
or the IMGCA.
Section 15. Online Purchases
When making a purchase from this Web Site, www.mentalgamecoaching.com
you may be asked to supply certain personal information, including
credit card, debit card, or other payment mechanism information.
You agree that all information you provide in connection with
such purchase will be accurate, complete, and current. You
agree to pay all charges incurred by users of your credit
card, debit card, or other payment mechanism at the prices
in effect when such charges are incurred, including recurring
membership fees or other fees. All payments will be by VISA,
MasterCard, American Express, or by Electronic Debit. Bill
Cole, MS, MA, the IMGCA and www.mentalgamecoaching.com may
provide your credit card number, billing and shipping information
to participating merchants from whom you buy goods or services
and financial institutions pursuant to transactions with the
IMGCA. The merchants are solely responsible for how they use
that information and any other information they independently
acquire from you or about you. Otherwise, the IMGCA does not
share your credit card information with anyone else. For more
information, please read our Privacy Policy. To protect the
security of your credit card information, the IMGCA employs
the industry-standard Secure Sockets Layer (SSL) technology.
Non-encrypted email is not secure. Do not send financial or
personal information through email. The IMGCA also encrypts
your credit card number when the IMGCA stores your order and
whenever the IMGCA transfers that information to participating
merchants. By purchasing products or services using this Web
Site, www.mentalgamecoaching.com, you are giving Bill Cole,
MS, MA and the IMGCA the authority to debit your credit card
account/bank account for all fees owing. Any disputed debits
will be exclusively dealt with under the policies and procedures
of the particular credit card company.
Section 16. Payment Policies
for Speaking, Training and Coaching Services
Payment Terms For Speaking and Training Programs: Fees are
quoted in US funds, with checks payable in US funds to IMGCA,
with a 50% deposit required in advance, and the balance due
at the end of the speaking date, on site. Special arrangements
for a 15-day net of the final payment may sometimes be made
in advance. Accounts not paid within 15 days of the date of
the program completion, or invoice (whichever is earlier)
are subject to a .83% monthly (10% annual) finance charge.
Checks for training and speaking programs returned by the
bank for insufficient funds will be subject to an interest
charge of 10% per annum and will be subject to a collection
fee equal to 15% of the returned check amount. Any additional
fees we are assessed for entering foreign countries, such
as work permits, work visas, surcharges for bringing in or
shipping business materials, products or other program items
will be paid for by the meeting sponsoring client. This surcharge
will be invoiced after the program.
Payment Terms For Coaching Programs: Checks returned by the
bank for insufficient funds in the amount of $300.00 or less
will be subject to a $20.00 collection fee and a $20.00 insufficient
funds fee. Returned checks greater than $300.00 will be subject
to an interest charge of 10% per annum and will be subject
to a collection fee equal to 10% of the returned check amount.
Section 17. Forums And Public Communication
The IMGCA may create, publish and maintain public forums
in the future. "Forum" means a chat area, message board, email
function or other function which allows you to transmit or
submit material to the IMGCA Web Site, www.mentalgamecoaching.com
for display, storage or distribution, offered as part of the
IMGCA Web Site, www.mentalgamecoaching.com or by an affiliated
company/organization and/or service provider of the IMGCA
Web Site, www.mentalgamecoaching.com. Where the Forum is provided
on a site other than the IMGCA Web Site, www.mentalgamecoaching.com,
you will be bound by the terms of service and privacy policy
of the site you have linked to. If you participate in any
Forum within the IMGCA Web Site, www.mentalgamecoaching.com,
you must agree that you will not through the use of any Submission
or otherwise: defame, libel, abuse, harass or threaten others;
make any bigoted, hateful or racially offensive statements;
advocate illegal activity or discuss illegal activities with
the intent to commit them that would constitute or encourage
a criminal offense, or that would otherwise give rise to liability
or violates any law; post or distribute any material that
infringes and/or violates any right of a third party or any
law; post or distribute any vulgar, obscene, pornographic,
discourteous or indecent language or images; advertise or
sell to, or solicit, others; use the Forum for commercial
purposes of any kind; post or distribute any software or other
materials which contain a virus or other harmful component;
or post material or make statements that do not generally
pertain to the designated topic or theme of any chat room
or bulletin board. You also agree that you will not post any
copyrighted material that is not owned by yourself. You specifically
acknowledge that soliciting other IMGCA Web Site guests to
join or become members of any commercial online service or
other organization is expressly prohibited. In addition, you
must note and agree that you will not use a false email address,
impersonate any person or entity or otherwise mislead others
as to the source of origin of a Submission. Although messages
posted in Forums are not the responsibility of Bill Cole,
MS, MA and the IMGCA and www.mentalgamecoaching.com, Bill
Cole, MS, MA and the IMGCA and www.mentalgamecoaching.com
reserves the right to remove or edit content from any IMGCA
(www.mentalgamecoaching.com) Forum at any time and for any
or no reason whatsoever but does not regularly review posted
Submissions. Any material transmitted, submitted or otherwise
delivered to a Forum shall constitute a Submission and is
hereby governed by the Terms applicable to Submissions as
described herein. Any information, personal or otherwise,
that you provide in a Forum, including your personal profile,
must be considered as becoming public information. By uploading
materials to any Forum or submitting any materials to Bill
Cole, MS, MA, the IMGCA and www.mentalgamecoaching.com, you
automatically grant (or warrant that the owner of such rights
has expressly granted) Bill Cole, MS, MA, the IMGCA and www.mentalgamecoaching.com,
a perpetual, royalty free, irrevocable, nonexclusive right
and license to use, reproduce, modify, adapt, publish, translate,
create derivative works from, and distribute such materials
or incorporate such materials into any form, medium, or technology
now known or later developed throughout the universe. In addition,
you warrant that all so-called moral rights in those materials
have been waived. You remain solely responsible for the content
of your messages, and you agree to indemnify and hold harmless
this Forum and their agents with respect to any claim based
upon any post you may make. Bill Cole, MS, MA, the IMGCA and
www.mentalgamecoaching.com, also reserve the right to reveal
whatever information Bill Cole, MS, MA, the IMGCA and www.mentalgamecoaching.com,
know about you in the event of a complaint or legal action
arising from any message posted by yourself. When participating
in a Forum, never assume that people are whom they say they
are, know what they say they know, or are affiliated with
whom they say they are affiliated with in any chat room, message
board or other user-generated content area. Information obtained
in a Forum may not be reliable, and Bill Cole, MS, MA, the
IMGCA and www.mentalgamecoaching.com is not responsible for
the content or accuracy of any information.
Section 18. Governing Law
And Jurisdiction
This Web Site is controlled by Bill Cole, MS, MA and the
IMGCA from its offices in Fremont, California, United States
of America. All matters relating to your access to, or use
of, this Web Site shall be governed by U.S. federal law or
the laws of the State of California. Any legal action or proceeding
relating to your access to, or use of, this Web Site shall
be instituted in a state or federal court in Alameda County, California.
Section 19. General
This Web Site is based in Fremont, California. Bill Cole,
MS, MA and the IMGCA make no claims the Materials are appropriate
or may be downloaded outside of the United States. Access
to the Materials may not be legal by certain persons or in
certain countries. If you access the Web Site from outside
of the United States, you do so at your own risk and are responsible
for compliance with the laws of your jurisdiction. If any
provision of this Agreement is found to be invalid by any
court having competent jurisdiction, the invalidity of such
provision shall not affect the validity of the remaining provisions
of this Agreement, which shall remain in full force and effect.
No waiver of any term of this Agreement shall be deemed a
further or continuing waiver of such term or other term. Except
as expressly provided in a particular "Legal Policies" or
material on particular Web pages, this Agreement constitutes
the entire Agreement between you and Bill Cole, MS, MA and
the IMGCA with respect to the use of this Web Site. Any changes
to this Agreement must be made in writing, signed by an authorized
representative of Bill Cole, MS, MA and the IMGCA.
Section 20. Entire Agreement
This Agreement, with all Recitals and all Attachments incorporated
therein by reference, constitutes the entire agreement of
the parties hereto and supersedes all prior representations,
proposals, discussions, and communications, whether oral or
in writing.
Section 21. Captions
and Headings
The captions and headings of this Agreement are for convenience
and reference only and in no way define, limit, or describe
the scope or intent of this Agreement or any portion thereof,
nor affect it in any way.
Contacting Us
If you have any questions about this Legal Notice, the practices
of this Web Site, or your dealings with this Web Site, please
contact Bill Cole, 39116 Fremont Hub #1303,
Fremont, CA 94538 United States. Voice:
408-705-8877. E-Mail: BCole@MentalGameCoaching.com
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