Terms of Use

Use
Welcome to virtualvolleyballcoach.com, owned and operated by Bad Nut Productions LLC (“Site Owner”). Your use of this site constitutes your acceptance of the Terms of Use set forth below.  If you do not agree with any of these Terms of Use do not continue to access this site. These Terms of Use may change from time to time and if changed the new revised Terms of Use will be posted at this location.   Site Owner does not have any obligation to notify you of any changes to these Terms of Use.  Your use of this site may not be for any unlawful, immoral or defamatory purpose.  Similarly, by providing Site Owner with any content you hereby represent, and warrant that you are the lawful owner of such content or that you have the legal right to provide such content to Site Owner and that such delivery is not in violation of anyone’s privacy, or intellectual property rights.   Site Owner reserves the right to deny you access to this site and or remove any content you may have provided.

Subscription
You affirm that you are either 18 years of age or more, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into these Terms of Service. Additionally, this site and this Service is not intended for children under 13. If you are under 13 years of age, then please talk to your parents about the use of this site.

Upon registering, you will receive your user identification and password via the e-mail address you provided during the registration process. You will need to use this user id and password to access the site. This user id and password are exclusive to you only and may not be shared with any other person or entity. Subscription shall be good for one year and shall automatically renew unless affirmatively cancelled via e-mail or via the site at least 30 days prior to the end of the initial term or any renewal.

Membership, Billing and Cancellation

a. Membership

i. Ongoing Membership. Your Virtualvolleyballcoach.com membership, will be for one-year, then will continue month-to-month unless and until you cancel your membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) to use the Virtualvolleyballcoach.com service.
ii. Differing Memberships. We may offer a number of membership plans, including special promotional plans or memberships with differing conditions and limitations. Any materially different terms from those described in these Terms of Use will be disclosed at your sign-up or in other communications made available to you. Some promotional memberships are offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered membership plans.

b. Free Trials

i. Your Virtualvolleyballcoach.com membership may start with a free trial. The free trial period of your membership lasts for one month, or as otherwise specified during sign-up. For combinations with other offers, restrictions may apply. Free trials are for new and certain former members only. Virtualvolleyballcoach.com reserves the right, in its absolute discretion, to determine your free trial eligibility.
ii. We will begin billing your Payment Method for yearly membership fees at the end of the free trial period of your membership unless you cancel prior to the end of the free trial period. To view the specific details of your membership, including yearly membership price and end date of your free trial period, visit our website and click the “View billing details” link on the “Your Account” page.
iii. You will not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun. CLICK THE “YOUR ACCOUNT” LINK AT THE TOP OF ANY VIRTUALVOLLEYBALLCOACH.COM WEB PAGE (www.Virtualvolleyballcoach.com) TO FIND CANCELLATION INSTRUCTIONS. We will continue to bill your Payment Method on a monthly basis for your membership fee until you cancel.

c. Billing

i. Recurring Billing. By starting your Virtualvolleyballcoach.com membership and providing or designating a Payment Method, you authorize us to charge you a yearly membership fee at the then current rate, and any other charges you may incur in connection with your use of the Virtualvolleyballcoach.com service to your Payment Method.
ii. Price Changes. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to your service will take effect following email notice to you.
iii. Billing Cycle. The membership fee for our service will be billed at the beginning of the paying portion of your membership and each month thereafter unless and until you cancel your membership. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. Membership fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled.
iv. No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
v. Payment Methods. You may edit your Payment Method information by visiting our website and clicking on the “Your Account” link, available at the top of the pages of the Virtualvolleyballcoach.com website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
vi. Cancellation. You may cancel your Virtualvolleyballcoach.com membership at any time, and you will continue to have access to the Virtualvolleyballcoach.com service through the end of your yearly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-YEAR MEMBERSHIP PERIODS OR UNWATCHED VIDEOS. To cancel, go to the “Your Account” page on our website and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click “View billing details” on the “Your Account” page. If you signed up for Virtualvolleyballcoach.com using your account with a third party as a Payment Method, and wish to cancel your Virtualvolleyballcoach.com membership at any time, including during your free trial, you may need to do so through such third party, including by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from, the Virtualvolleyballcoach.com service through that third party. You may also find billing information about your Virtualvolleyballcoach.com membership by visiting your account with the applicable third party.

Disclaimer
This site is presented for personal, educational and entertainment purposes. It is not intended to replace professional medical, [nutritional, dietary, or fitness advice from professionals having access to your personal circumstances.]  You are directed to consult with your personal advisors regarding any information or advice that you may have received from this site.  Consultation with physicians and other professional advisors is particularly recommended if you are under the age of 18, pregnant, nursing, taking medications of any kind or have any medical or physical condition or symptom. Site Owner makes no representations as to the accuracy or completeness of any information contained on the site.

IN NO EVENT SHALL BAD NUT PRODUCTIONS LLC (“SITE OWNER”) BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR OTHER DAMAGES OF WHATEVER KIND FROM WHATEVER CAUSE, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE, OF ANY NATURE WHETHER IN AN ACTION UNDER THEORIES OF CONTRACT, TORT, DEFAMATION, DISPARAGEMENT, OR ANY OTHER THEORY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATING TO THE USE OR PERFORMANCE OF THE INFORMATION ON, OR ACCESSED THROUGH, OR DOWNLOADED FROM THIS SITE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THIS SITE, ITS CONTENT OR LINKS FROM THIS SITE YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING THIS SITE. In the aggregate, Site Owner, its members, officers, directors, shareholders, agents, and employees, and any others acting in such capacity shall not be liable for any damages in excess of $100 arising in any manner from the access to this site, or lack thereof, its content, features, or from any downloads or links from this site.

SITE OWNER DOES NOT GUARANTEE OR WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION PROVIDED BY IT. ALL SUCH SEARCH RESULTS and videos ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.

Jurisdiction
This site is operated from Fort Worth, TX, USA, the use thereof are governed by the laws of the Commonwealth of Texas. Any actions arising from this site must be brought within six months of the event giving rise to the action and shall be exclusively interpreted, construed, and enforced in accordance with Texas law.  The Federal and State courts having jurisdiction over Forth Worth, Texas shall have exclusive jurisdiction to resolve such actions.  By using this site you consent to the personal jurisdiction and venue of those courts.

Indemnification
By using this site you agree to indemnify and hold harmless Site Owner its members, officers, directors, shareholders, agents, and employees, and any others acting in such capacity for any claims, including, but not limited to any third party claims which may arise from your use of the site and/or your violation of these Term of Use.

Trademarks
All trademarks, servicemarks, logos, (“Marks”) displayed on or linked from this site belong to the respective owners of those Marks.  Site Owner disclaims any rights in the Marks of others displayed or linked from this site.

Copyright Notice
All content contained in or derived from this site protected by US and International copyright Laws. Bad Nut Productions LLC reserves all rights to its copyrighted material.  Such material is provided for your personal, non-commercial, exclusive use and may not be shared, copied, reproduced, published, republished, uploaded, posted, retransmitted, performed, reverse-engineered or distributed in any way without the prior written permission of the Site Owner and/or the owners of the other Marks displayed or linked from this site as appropriate.

© 2015 — Bad Nut Productions LLC.

Links to this site
The Site Owner welcomes links to this site.  You are granted a limited,  non-exclusive, revocable, license to create a hypertext link to this site provided that such link: (1) does not portray site owner (or any other Mark owner) or any of the Marks displayed on this site in a false, misleading, derogatory, disparaging, or otherwise defamatory manner; (2) does not imply sponsorship, endorsement or approval of your site, its products or services by Site Owner or any other Mark owner and (3) does not change, alter, modify the appearance of this site, its content or Marks displayed on this site. To obtain such endorsement, sponsorship or approval of your site please e-mail your request to CONTACT US.

Links From this Site to other sites
This site contained links to other web sites which are not maintained by Site Owner (“Linked Sites”).  Such hyperlinks are provided for your convenience only.  Such Linked sites are not endorsed by Site Owner nor should such Link imply any sponsorship by or of that Linked Site.  Linking to those Linked sites should be done so at your OWN RISK. Please note that those Linked Sites do not adhere to this site’s Terms of Use or Privacy Policy.  You should review the Linked Site’s Terms of Use and Privacy Policy before continuing your access and certainly before providing any personal information at those Linked Sites.   Site Owner has no control over Linked sites nor monitors the potential existence of hidden files such as Trojan horse, spyware, worms, viruses and other destructive items.

The anatomical, medical, consumer, nutritional, fitness, health and other information contained in the Linked Sites is prepared and maintained by the owners of those Linked Sites and the makers of those various products.  Site Owner specifically disclaims any responsibility for the accuracy, completeness, or timeliness of such information.  There may be inadvertent technical or factual inaccuracies and typographical errors typographical. Site Owner takes no responsibility for correcting such matters beyond its dominion and control.

Privacy Policy
Site Owner is aware that you may be concerned about information being collected by this site.  Consequently we have established the following policies to inform you about: (1) the type of information we collect, if any; (2) the use that may be made of that information; and (3) the steps you can take to control the collection and use of that information.

(1) Types of information Site Owner may collect:

(a)     Aggregate and Non-Personal Information (ANPI)

We collect certain aggregate and non-personal information when you visit our website. Aggregate and non-personal information does not relate to a single, identifiable visitor. It tells us such things as how many users visited our site, the pages accessed and the products viewed, the calculators accessed. By collecting this information, we learn how to best tailor our website to our visitors. We collect this information either through “cookie” technology or with “web beacons,” as explained below.

Cookies: Like many companies, we use “cookies” on our website. Cookies are bits of text that are placed on your computer’s hard drive when you visit certain websites. Cookies may enhance your online experience by saving your preferences while you are visiting a particular site.

When you visit our website, cookies are placed on your computer. We use cookies to tell us, for example, whether you’ve visited us before or if you’re a new visitor and to help us identify site features and products/calculators in which you may have the greatest interest. We collect this information to enhance your experience on our website.

The “help” portion of the toolbar on most browsers will tell you how to stop accepting new cookies, how to be notified when you receive a new cookie, and how to disable existing cookies. Remember, though, without cookies, you may not be able to take full advantage of all of this site’s features.

Web  Beacons: Certain pages on our site contain “web beacons” (also known as Internet tags, pixel tags and clear GIFs). These web beacons allow third parties to obtain information such as the IP address of the computer that downloaded the page on which the beacon appears, the URL of the page on which the beacon appears, the time the page containing the beacon was viewed, the type of browser used to view the page, and the information in cookies set by the third party.

IP Addresses: An IP address is a number automatically assigned to your computer whenever you access the Internet. All computer identification on the Internet is conducted with IP addresses, which allow computers and servers to recognize and communicate with each other. This site collects IP addresses in order to conduct system administration, report aggregate information to sponsors and advertisers, and to conduct site analysis. If a visitor requests pages from this site, its servers enter the visitor’s IP address into a log. To maintain visitor anonymity, this site does not associate IP addresses with records containing PII. However, this site will use IP addresses to identify any visitors who refuse to comply with its Terms of Use.

(b)     Personally Identifiable Information (PII)

Site Owner will only collect certain PII about you if you provide that information affirmatively.  In order to access the site we require you to register and provide PII to view our site or use our calculators, if you register and/or download our offline application you will be able to customize your fitness and nutrition experience, track your progress and greatly enhance your experience.  Also, the more detailed the information you provide in the registration section of the website, the better you may customize your website experience. Here are the ways we collect personally-identifiable information.

Registration: When you register for our site you will be required to provide information about your name, billing address, phone, fax, e-mail, credit card type, number, expiration date, and security code.

Download Application: When you download our offline application you will have the opportunity to customize your experience by providing your name, address, phone, age, height, weight, food preferences, service sizes, caloric intake, activities, activity duration and level.  That information may be stored in this site’s servers to expedite the site’s functionality.  That information in the aggregate (ANPI) and with your permission, PII may be shared with our advertisers and sponsors.

Contests, Sweepstakes, Games; From time to time this site may run these promotional activities which may ask you for contact and demographic information. Your contact information is used to notify you of prize winners. You may also choose to receive future mailings or communications from Site Owner and its advertisers and sponsors and affiliates.

Newsletters: When you ask Site Owner to send you newsletters by e-mail, you may provide us with your e-mail address which will then be used to fulfill your request.

Surveys and Questionnaires: From time to time this site may run these promotional activities which may ask you for contact, demographic, or opinion information. Your contact information is used to notify you of the results of those surveys or questionnaires. Those aggregate results and your PII responses thereto may be shared with our advertisers, sponsors and affiliates.

Contact Us Links: If you e-mail us via our “Contact Us” link, Site Owner will use your e-mail address and your inquiry to fashion and send you its reply.

Send to a friend: We may give you the opportunity to tell your friends about new features on our website. If you take advantage of our Send To A Friend option, we may ask you for your friend’s and your first name and e-mail address. We use the information you provide only to send the e-mail you requested we forward. We may use information about you in other ways, however, if you’ve given us permission to do so.

Comments, Message Board Registration/Postings: In order to comment on a post or utilize our message boards you will be required to register.  During the process of registration you will be required to provide certain PII registration information (such as your desired user name, email address and password), personal profile information (such as online messenger addresses, your location, occupation and interests) and your online preferences.  Site Owner will collect and retain that information.  Information that you post on our message boards may also be archived by and becomes the property of the Site Owner.

The comments and our message boards are not all moderated.  We are not responsible for the postings placed.  Any information you post will not only become available to Site Owner but to members of the public at large.  You are cautioned not to disclose any personal information in our online message boards for this reason.

Should you determine that your PII or content owned by you has been posted by someone without permission or license to do so, you may contact us by contact form and we will make every effort to review your situation and if necessary, remove such offending postings within a reasonable period of time.

(2) Possible use of information

PII relating to your credit card will be shared with the Site Owner’s merchant processing provider in order to facilitate your subscription to the site. PII may be used by Site Owner to improve and enhance this site, make it more user friendly, add features believed to benefit its users.  PII may be shared with this site’s advertisers to enable them to contact you either online or offline regarding your use of their products and services, to provide you with valuable coupons, advance announcements, and/or free samples, and other promotional items. PII may also be used to affect the ads that you see when visiting this and other sites.  In the event we receive complaints about your comments or postings to our Message Boards we reserve the right to remove any such postings and/or to use or disclose your registration, profile or preference information in response to any lawful request therefore.

(3) Your options

Opt –In: This site provides you with the ability to Opt-in to receive enhanced site features, communications, valuable discounts, coupons, free samples, and other promotional offers from this site and its advertisers and sponsors. If you so elect, your contact information and other PII may be shared in order to present you with promotional opportunities that best suit your criteria.  You may also edit any previously supplied PII at any time.

Opt-Out: This site also allows you to stop receiving site enhancements and any further communications whatsoever from Site Owner, and this sites advertisers and sponsors.  You will find an Opt-out option at the bottom of all communications.

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