AGREEMENT

These Terms of Use (the "Agreement") constitute a legally binding agreement by and between Chris Bagg Coaching Group, LLC and you ("You" or "Your") concerning Your use of Chris Bagg Coaching Group's website located at http://www.chrisbaggcoaching.com/ (the "Website"). By using the Website, You represent and warrant that You have read and understand, and agree to be bound by, this Agreement and Chris Bagg Coaching Group's Privacy Policy, which is incorporated herein by reference and made part of this Agreement. IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT USE THE WEBSITE.

PRIVACY POLICY

By using the Website, You consent to the collection and use of certain information about You, as specified in the Privacy Policy. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used.

CHANGES TO AGREEMENT

Chris Bagg Coaching Group RESERVES THE RIGHT TO CHANGE THIS AGREEMENT AT ANY TIME UPON NOTICE TO YOU, TO BE GIVEN BY: (I) THE POSTING OF A NEW VERSION; AND/OR (II) A CHANGE NOTICE ON THE WEBSITE OR APPLICATION. IT IS YOUR RESPONSIBILITY TO REVIEW THIS AGREEMENT PERIODICALLY. You will be deemed to have agreed to any such modification or amendment by Your decision to continue using the Website following the date in which the modified or amended Agreement is posted.

ELIGIBILITY

BY USING THE WEBSITE, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD AND ARE OTHERWISE LEGALLY QUALIFIED TO ENTER INTO AND FORM CONTRACTS UNDER APPLICABLE LAW. This Agreement is void where prohibited.

LICENSE

Subject to Your compliance with the terms and conditions of this Agreement, Chris Bagg Coaching Group grants You a non-exclusive, non-sublicensable, revocable, non-transferable license to use the Website FOR YOUR PERSONAL AND NON-COMMERCIAL USE. The Website, or any portion thereof, may not be reproduced, duplicated, copied, modified, sold, resold, distributed, visited, or otherwise exploited for any commercial purpose without the express written consent of Chris Bagg Coaching Group's. Except as expressly set forth herein, this Agreement grants You no rights in or to the intellectual property of Chris Bagg Coaching Group's or any other party. The license granted in this section is conditioned on Your compliance with the terms and conditions of this Agreement. In the event that You breach any provision of this Agreement, Your rights under this section will immediately terminate.

THIS WEBSITE DOES NOT PROVIDE PROFESSIONAL MEDICAL SERVICES OR ADVICE; NO DOCTOR-PATIENT RELATIONSHIP Chris Bagg Coaching Group provides the Website for informational purposes only.

THE WEBSITE DOES NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, MEDICAL ADVICE OR OPINION.

Chris Bagg Coaching Group is not a medical professional, and does not provide medical services or render medical advice. The Website is not a substitute for the advice of a medical professional, and the information made available should not be relied upon when making medical decisions, or to diagnose or treat a medical or health condition. If you require medical advice or services, You should consult a medical professional.

YOUR USE OF THE WEBSITE DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND CHRIS BAGG COACHING GROUP. YOU HEREBY AGREE THAT, BEFORE USING THE WEBSITE, YOU SHALL CONSULT YOUR PHYSICIAN, PARTICULARLY IF YOU ARE AT RISK FOR PROBLEMS RESULTING FROM EXERCISE, WEIGHT TRAINING, CHANGES IN YOUR DIET, AND ANY RISKS ASSOCIATED WITH SWIMMING, CYCING, AND RUNNING. THIS WEBSITE DOES NOT PROVIDE SAFETY GUIDELINES, LAWS, OR ASSURANCES Chris Bagg Coaching Group promotes the highest standards for safety regarding the risks associated with exercise, weight training, diet changes, swimming, cycling, and running, but dies not comprehensive,y educate users on all such safety standards via the Website. You knowingly and freely assume all responsibility to ensure your own safety, including learning risk management, personal safety and local and relevant laws.

YOU KNOWINGLY AND FREELY ASSUME ALL RISK WHEN USING THE WEBSITE.

YOU, ON BEHALF OF YOURSELF, YOUR PERSONAL REPRESENTATIVES AND YOUR HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND AND INDEMNIFY CHRIS BAGG COACHING GROUP AND ITS COACHES, ATHLETES, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES, SUBLICENSEES, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL CLAIMS, ACTIONS OR LOSSES FOR BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF SERVICES OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, WHICH MAY RESULT FROM YOUR USE OF THE WEBSITE.

CONSENT TO RECEIVE EMAIL FROM CHRIS BAGG COACHING GROUP

By engaging in the contact features the Website, You will receive email communications regarding Chris Bagg Coaching Group's services of which You cannot opt out of receiving. You may also receive periodic promotions and other offers or materials Chris Bagg Coaching Group believes might be of interest to You.

THIRD-PARTY WEBSITES

The Website includes links to websites of third parties ("Third-Party Websites"), some of whom may have established relationships with Chris Bagg Coaching Group, and some of whom may not. Chris Bagg Coaching Group does not have control over the content and performance of Third-Party Websites. Chris Bagg Coaching Group HAS NOT REVIEWED, AND CANNOT REVIEW OR CONTROL, ALL OF THE MATERIAL, INCLUDING COMPUTER SOFTWARE OR OTHER GOODS OR SERVICES, MADE AVAILABLE ON OR THROUGH THIRD-PARTY WEBSITES. ACCORDINGLY, RISKS ASSOCIATED WITH SWIMMING, CYCING, AND RUNNING. CHRIS BAGG COACHING GROUP DOES NOT REPRESENT, WARRANT OR ENDORSE ANY THIRD-PARTY WEBSITE, OR THE ACCURACY, CURRENCY, CONTENT, FITNESS, LAWFULNESS OR QUALITY OF THE INFORMATION MATERIAL, GOODS OR SERVICES AVAILABLE THROUGH THIRD-PARTY WEBSITES. CHRIS BAGG COACHING GROUP'S DISCLAIMS, AND YOU AGREE TO ASSUME, ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES OR OTHER HARM, WHETHER TO YOU OR TO THIRD PARTIES, RESULTING FROM YOUR USE OF THIRD-PARTY WEBSITES.

YOU AGREE THAT, WHEN LINKING TO OR OTHERWISE ACCESSING OR USING A THIRDPARTY WEBSITE, YOU ARE RESPONSIBLE FOR: (I) TAKING PRECAUTIONS AS NECESSARY TO PROTECT YOU AND YOUR COMPUTER SYSTEMS FROM VIRUSES, WORMS, TROJAN HORSES, MALICIOUS CODE AND OTHER HARMFUL OR DESTRUCTIVE CONTENT; (II) ANY DOWNLOADING, USE OR PURCHASE OF MATERIAL THAT IS OBSCENE, INDECENT, OFFENSIVE, OR OTHERWISE OBJECTIONABLE OR UNLAWFUL, OR THAT CONTAINS TECHNICAL INACCURACIES, TYPOGRAPHICAL MISTAKES AND OTHER ERRORS; (III) ANY DOWNLOADING, USE OR PURCHASE OF MATERIAL THAT VIOLATES THE PRIVACY OR PUBLICITY RIGHTS, OR INFRINGES THE INTELLECTUAL PROPERTY AND OTHER PROPRIETARY RIGHTS OF THIRD PARTIES, OR THAT IS SUBJECT TO ADDITIONAL TERMS AND CONDITIONS, STATED OR UNSTATED; (IV) ALL FINANCIAL CHARGES OR OTHER LIABILITIES TO THIRD PARTIES RESULTING FROM TRANSACTIONS OR OTHER ACTIVITIES; AND (V) READING AND UNDERSTANDING ANY TERMS OF USE OR PRIVACY POLICIES THAT APPLY TO THOSE THIRD-PARTY WEBSITES.

THIRD-PARTY SERVICES

Certain features, aspects, products and services offered through the Website are provided, in whole or in part, by third parties ("Third-Party Services" as provided by "Third-Party Service Providers"). In order to use Third-Party Services, You may be required to enter into additional terms and conditions with Third-Party Service Providers. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY THOSE ADDITIONAL TERMS AND CONDITIONS, YOU MAY NOT USE THE RELATED THIRD-PARTY SERVICES. In the event of any inconsistency between terms and conditions relating to Third-Party Services and the terms and conditions of this Agreement, those additional terms and conditions will control, although only with respect to such Third-Party Services. The providers of Third-Party Service Providers may collect and use certain information about you, as specified in the Third-Party Service Providers’ privacy policies. Prior to providing information to any Third-Party Service Provider, you should review their privacy policy. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO THE TERMS OF A THIRD-PARTY SERVICE PROVIDER’S PRIVACY POLICY, YOU SHOULD NOT USE THE RELATED THIRD-PARTY SERVICES. CHRIS BAGG COACHING GROUP HEREBY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY OF YOUR INFORMATION COLLECTED OR USED BY THIRD-PARTY SERVICE PROVIDERS.

USER CONTENT

"User Content" is any content, materials or information (e.g., any text, information, photos, images, video, and other content and material, including nutritional information contributed to the Food Database) that You upload or post to, or transmit, display, perform or distribute by means of, the Website, or through the use of any Third Party Websites or Third Party Services or otherwise. You hereby grant Chris BAGG Coaching Group and its coaches, athletes, employees, agents, affiliates, representatives, service providers, partners, sublicensees, successors, and assigns (collectively, the "Chris Bagg Coaching Group Parties") a perpetual, fully paid-up, worldwide, sublicensable, irrevocable, assignable license to copy, distribute, publish, transmit, publicly display or perform, edit, modify, translate, reformat and otherwise use User Content in connection with the operation of the Website or any other similar services or related business, in any medium now existing or later devised, including without limitation in advertising and publicity. You further agree that this license includes the right for the Chris Bagg Coaching Group Parties to publish, display or otherwise use and make available your User Content and possibly your name and/or any user name of yours in connection with their exercise of the license granted under this section. You agree to waive, and hereby waive, any claims arising from or relating to the exercise by the Chris Bagg Coaching Group Parties of the rights granted under this section, including without limitation any claims relating to your rights of personal privacy and publicity. You will not be compensated for any exercise of the license granted under this section.You hereby represent and warrant that You own all rights, title and interest in and to User Content or are otherwise authorized to grant the rights provided the Chris Bagg Coaching Group Parties under this section. You represent and warrant that, when using the Website You will obey the law and respect the intellectual property rights of others. Your use of the Website is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property generally. You agree not to upload, post, transmit, display, perform or distribute any content, information or other materials in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights.

YOU SHALL BE SOLELY RESPONSIBLE FOR ANY VIOLATIONS OF ANY LAWS AND FOR ANY INFRINGEMENTS OF THIRD-PARTY RIGHTS CAUSED BY YOUR USE OF THE WEBSITE. YOUR BEAR THE SOLE BURDEN OF PROVING THAT CONTENT, INFORMATION OR OTHER MATERIALS DO NOT VIOLATE ANY LAWS OR THIRD-PARTY RIGHTS. Chris Bagg Coaching Group reserves the right to (i) remove, suspend, edit or modify any User Content in its sole discretion, including without limitation any User Content at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content or if Chris Bagg Coaching Group is concerned that you may have violated these Terms of Use), or for no reason at all and (ii) to remove, suspend or block any User Content submissions. Chris Bagg Coaching Group also reserves the right to access, read, preserve, and disclose any information as Chris Bagg Coaching Group reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Chris Bagg Coaching Group, its users and the public.

OBJECTIONABLE CONTENT

You represent and warrant that you shall not use the Website to upload, post, transmit, display, perform or distribute any content, information or materials that: (a) are libelous, defamatory, abusive, or threatening, excessively violent, harassing, obscene, lewd, lascivious, filthy, or pornographic; (b) constitute child pornography; (c) solicit personal information; (d) incite, encourage or threaten physical harm against another; (e) promote or glorify racial intolerance, use hate and/or racist terms, or signify hate towards any person or group of people; (f) glamorize the use of hard core illegal substances and drugs; (g) advertise or otherwise solicit funds or constitute a solicitation for goods or services; (h) violate any provision of this Agreement or any other Chris Bagg Coaching Group agreement, guidelines or policy; or (i) is generally offensive or in bad taste, as determined by Chris Bagg Coaching Group (collectively, "Objectionable Content"). 

CHRIS BAGG COACHING GROUP DISCLAIMS ANY PERCEIVED, IMPLIED OR ACTUAL DUTY TO MONITOR THE CONTENTS OF THE SERVICES AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR INFORMATION PROVIDED HEREON. Without limiting any of its other remedies, Chris Bagg Coaching Group reserves the right to terminate Your use of the Website or Your uploading, posting, transmission, display, performance or distribution of Objectionable Content. Chris Bagg Coaching Group, in its sole discretion, may delete any Objectionable Content from its servers. Chris Bagg Coaching Group intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of this Agreement or of any applicable laws.

PROHIBITED USES

Chris Bagg Coaching Group imposes certain restrictions on Your use of the Website. You represent and warrant that you will not: (a) "stalk" or otherwise harass any coach or athlete, or contact any person who has requested not to be contacted; (b) provide false, misleading or inaccurate information to Chris Bagg Coaching Group or any coach or athlete; (c) impersonate, or otherwise misrepresent affiliation, connection or association with, any person or entity; (d) harvest or otherwise collect information about Chris Bagg Coaching Group's athletes, including email addresses and phone numbers; (f) 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 harvest or otherwise collect information from the Website for any use, including without limitation use on third-party websites; (g) access content or data not intended for You, or log onto a server or account that You are not authorized to access; (h) attempt to probe, scan, or test the vulnerability of the Website or any associated system or network, or breach security or authentication measures without proper authorization; (i) interfere or attempt to interfere with the use of the Website by any other user, host or network, including, without limitation by means of submitting a virus, overloading, "flooding," "spamming," "mail bombing," or "crashing"; (j) use the Wensite to send unsolicited e-mail, including without limitation promotions or advertisements for products or services; (k) forge any TCP/IP packet header or any part of the header information in any e-mail or in any uploading or posting to, or transmission, display, performance or distribution by means of, the Website; (l) post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam," "chain letters," "pyramid schemes" or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise; or (m) attempt to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the Chris Bagg Coaching Group Parties in providing the Website. Any violation of this section may subject You to civil and/or criminal liability.

INTELLECTUAL PROPERTY

Trademarks

Chris Bagg Coaching Group, chrisbaggcoaching.com and the Chris Bagg Coaching Group logo (collectively, the "Chris Bagg Coaching Group Marks") are trademarks or registered trademarks of Chris Bagg Coaching Group's, LLC. Other trademarks, service marks, graphics, logos and domain names appearing on the Website may be the trademarks of third-parties. Neither Your use of the Website, nor this Agreement, grant You any right, title or interest in or to, or any license to reproduce or otherwise use, the Chris Bagg Coaching Group Marks or any third-party trademarks, service marks, graphics, logos or domain names. You agree that any goodwill in the Chris Bagg Coaching Group Marks generated as a result of Your use of the Website will inure to the benefit of Chris Bagg Coaching Group, LLC., and You agree to assign, and hereby do assign, all such goodwill to Chris Bagg Coaching Group, LLC. You shall not at any time, nor shall You assist others to, challenge Chris Bagg Coaching Group, LLC.’s right, title, or interest in or to, or the validity of, the Chris Bagg Coaching Group Marks.

Copyrighted Materials; Copyright Notice

All content and other materials available through the Website, including without limitation the Chris Bagg Coaching Group logo, design, text, graphics, and other files, and the selection, arrangement and organization thereof, are either owned by Chris Bagg Coaching Group, LLC. or are the property of Chris Bagg Coaching Group's licensors and suppliers. Except as explicitly provided, neither Your use of the Website nor this Agreement grant You any right, title or interest in or to any such materials.

DMCA Policy

If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Chris Bagg Coaching Group to delete, edit, or disable the material in question, you must provide Chris Bagg Coaching Group with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Chris Bagg Coaching Group to locate the material; (d) information reasonably sufficient to permit Chris Bagg Coaching Group to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Chris Bagg, Head Coach, via the contact feature on the Website. 

DISCLAIMERS; LIMITATION OF LIABILITY

NO WARRANTIES.

CHRIS BAGG COACHING GROUP, ON BEHALF OF ITSELF AND ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES. THE WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, CHRIS BAGG COACHING GROUP, ON BEHALF OF ITSELF AND ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. NEITHER CHRIS BAGG COACHING GROUP NOR ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS OR SUPPLIERS WARRANTS THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE.

LIMITATION OF LIABILITY

THE LIABILITY OF CHRIS BAGG COACHING GROUP AND ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CHRIS BAGG COACHING GROUP OR ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS OR SUPPLIERS BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES OR OF ANY ADVICE OR NOTICE GIVEN TO CHRIS BAGG COACHING GROUP OR ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. ADDITIONALLY, THE MAXIMUM LIABILITY OF CHRIS BAGG COACHING GROUP AND ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS TO YOU UNDER ALL CIRCUMSTANCES WILL BE $50.00. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN CHRIS BAGG COACHING GROUP AND YOU. THE WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

YOUR REPRESENTATIONS AND WARRANTIES

You represent and warrant that Your use of the Website will be in accordance with this Agreement and any other Chris Bagg Coaching Group policies and guidelines, and with any applicable laws or regulations.

INDEMNITY BY YOU

Without limiting any indemnification provision of this Agreement, You agree to defend, indemnify and hold harmless Chris Bagg Coaching Group and its coaches, athletes, employees, agents, affiliates, representatives, sublicensees, successors, assigns, and Third-Party Service Providers (collectively, the "Indemnified Parties") from and against any and all claims, actions, demands, causes of action and other proceedings (collectively, "Claims"), including but not limited to legal costs and fees, arising out of or relating to: (i) Your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement; (ii) Your access to or use of the Website; (iii) Your provision to Chris Bagg Coaching Group or any of the Indemnified Parties of information or other data; (iv) Your violation or alleged violation of any foreign or domestic, federal, state or local law or regulation; or (v) Your violation or alleged violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. The Indemnified Parties will have the right, but not the obligation, to participate through counsel of their choice in any defense by You of any Claim as to which You are required to defend, indemnify or hold harmless the Indemnified Parties. You may not settle any Claim without the prior written consent of the concerned Indemnified Parties.

GOVERNING LAW

Jurisdiction and Location

This Agreement, including without limitation this Agreement's interpretation, shall be treated as though this Agreement were executed and performed in Portland, Oregon and shall be governed by and construed in accordance with the laws of the State of Oregon without regard to its conflict of law principles. ANY CAUSE OF ACTION BY YOU ARISING OUT OF OR RELATING TO THE SERVICES, OR THIS AGREEMENT MUST BE INSTITUTED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE OR BE FOREVER WAIVED AND BARRED. ALL ACTIONS SHALL BE SUBJECT TO THE LIMITATIONS SET FORTH IN ABOVE. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party.

Requirement of Arbitration

You agree that any dispute, of any nature whatsoever, between You and Chris Bagg Coaching Group arising out of or relating to this Agreement, shall be decided by neutral, binding arbitration before an arbitrator able to appear, represent, and defend in Portland, Oregon (unless You and Chris Bagg Coaching Group mutually agree to a different location), who shall render an award in accordance with the substantive laws of Oregon. A final judgment or award by the arbitrator may then be duly entered and recorded by the prevailing party in the appropriate court as final judgment. The arbitrator shall award costs (including, without limitation, reasonable attorney’s fees) to the prevailing party.

Remedies in Aid or Arbitration; Equitable Relief

This agreement to arbitrate will not preclude You or Chris Bagg Coaching Group from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, this agreement to arbitrate will not preclude You or Chris Bagg Coaching Group from applying to a court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary. THE PROPER VENUE FOR ANY ACTION PERMITTED UNDER THIS SUBSECTION REGARDING “EQUITABLE RELIEF” WILL BE THE FEDERAL AND STATE COURTS LOCATED IN PORTLAND, OREGON; THE PARTIES HEREBY WAIVE ANY OBJECTION TO THE VENUE AND PERSONAL JURISDICTION OF SUCH COURTS.

TERMINATION

Termination; Survival

Either party may terminate this Agreement and its rights hereunder at any time, for any or no reason at all, by providing to the other party notice of its intention to do so in accordance with this Agreement. This Agreement shall automatically terminate in the event that You breach any of this Agreement’s representations, warranties or covenants. Such termination shall be automatic, and shall not require any action by Chris Bagg Coaching Group. Upon termination, all rights, licenses and obligations created by this Agreement will terminate. 

Effect of Termination

Any termination of this Agreement automatically terminates all rights and licenses granted to You under this Agreement, including all rights to use the Website. Subsequent to termination, Chris Bagg Coaching Group reserves the right to exercise whatever means it deems necessary to prevent Your unauthorized use of the Website, including without limitation technological barriers such as IP blocking and direct contact with Your Internet Service Provider.

Legal Action

If Chris Bagg Coaching Group, in Chris Bagg Coaching Group's discretion, takes legal action against You in connection with any actual or suspected breach of this Agreement, Chris Bagg Coaching Group will be entitled to recover from You as part of such legal action, and You agree to pay, Chris Bagg Coaching Group's reasonable costs and attorneys’ fees incurred as a result of such legal action. The Chris Bagg Coaching Group Parties will have no legal obligation or other liability.

NOTICES

All notices required or permitted to be given under this Agreement must be in writing. Chris Bagg Coaching Group shall give any notice by email sent to the most recent email address, if any, provided by You to Chris Bagg Coaching Group. You agree that any notice received from Chris Bagg Coaching Group electronically satisfies any legal requirement that such notice be in writing. YOU BEAR THE SOLE RESPONSIBILITY OF ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH CHRIS BAGG COACHING GROUP IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING BY CHRIS BAGG COACHING GROUP OF AN EMAIL TO THAT ADDRESS. You shall give any notice to Chris Bagg Coaching Group by means of email to Chris Bagg, Head Coach, via the contact feature on the Website. 

GENERAL

This Agreement constitutes the entire agreement between Chris Bagg Coaching Group and You concerning Your use of the Website. This Agreement may only be modified by a written amendment signed by an authorized executive of Chris Bagg Coaching Group or by the unilateral amendment of this Agreement by Chris Bagg Coaching Group and by the posting by Chris Bagg Coaching Group of such amended version. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Chris Bagg Coaching Group may assign or transfer this Agreement at any time, with or without notice to You. This Agreement and all of Your rights and obligations hereunder will not be assignable or transferable by You without the prior written consent of Chris Bagg Coaching Group. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. You and Chris Bagg Coaching Group are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement. Except for the Chris Bagg Coaching Group Parties, the Indemnified Parties, and Chris Bagg Coaching Group's licensors and suppliers, there are no third-party beneficiaries to this Agreement. You acknowledge and agree that any actual or threatened breach of this Agreement or infringement of proprietary or other third party rights by You would cause irreparable injury to Chris Bagg Coaching Group and Chris Bagg Coaching Group's licensors and suppliers, and would therefore entitle Chris Bagg Coaching Group or Chris Bagg Coaching Group's licensors or suppliers, as the case may be, to injunctive relief. The headings in this Agreement are for the purpose of convenience only and shall not limit, enlarge, or affect any of the covenants, terms, conditions or provisions of this Agreement.

CHRIS BAGG COACHING GROUP PRIVACY POLICY

Chris Bagg Coaching Group is committed to respecting the privacy rights of users of the Website. Chris Bagg Coaching Group created this Privacy Policy to explain its information collection and use practices and the protection of Your information when You visit and use the Website. Any terms capitalized but not otherwise defined herein shall have the respective meanings set forth in the Chris Bagg Coaching Group Terms of Use.

This Privacy Policy is only applicable to the Website and does not apply to any websites or applications that are owned or operated by third parties ("Third-Party Websites/Applications"), which may have data collection, storage and use practices and policies that differ materially from this Privacy Policy. For additional information, see the section concerning Third-Party Websites/Applications, below.

BY USING THE WEBSITE, YOU REPRESENT AND WARRANT THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO THE TERMS OF, THIS PRIVACY POLICY. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY THIS PRIVACY POLICY, YOU MAY NOT USE THE WEBSITE.

INFORMATION COLLECTION PRACTICES

Traffic Data.

Chris Bagg Coaching Group automatically gathers information of the sort that browsers automatically make available, including: (i) IP addresses; (ii) domain servers; (iii) types of computers accessing the Website; and (iv) types of Web browsers accessing the Website (collectively "Traffic Data"). Traffic Data is anonymous information that does not personally identify You.

Cookies

A "Cookie" is a string of information that a website stores on a user’s computer, and that the user's browser provides to the website each time the user submits a query to the website. The purpose of a Cookie is to identify the user as a unique user of the Website. Chris Bagg Coaching Group uses Cookies to customize Your experience on the Website to Your interests, to ensure that You do not see the same advertisements or informational messages repeatedly. In addition, Chris Bagg Coaching Group may use Cookies, and other methods, to store and retrieve data from Your web browser. For additional information on Chris Bagg Coaching Group's uses of Cookies, see the section concerning Information Use and Disclosure Practices/ Traffic Data and Information Gathered Using Cookies, below. IF YOU DO NOT WISH TO HAVE COOKIES PLACED ON YOUR COMPUTER, YOU SHOULD SET YOUR BROWSERS TO REFUSE COOKIES BEFORE ACCESSING THE WEBSITE, WITH THE UNDERSTANDING THAT CERTAIN OF THE SERVICES AND CERTAIN FEATURES OF THE WEBSITE MAY NOT FUNCTION PROPERLY WITHOUT THE AID OF COOKIES.

Web Beacons.

"Web Beacons" (also known as clear gifs, pixel tags or web bugs) are tiny graphics with a unique identifier, similar in function to Cookies, and are used to track the online movements of web users or to access Cookies. Unlike Cookies which are stored on the user’s computer hard drive, Web Beacons are embedded invisibly on web pages (or in e-mail). Web Beacons may be used to deliver or communicate with Cookies, to count users who have visited certain pages and to understand usage patterns. For additional information on Chris Bagg Coaching Group's uses of Web Beacons, see the section concerning Information Use and Disclosure Practices/ Traffic Data and Information Gathered Using Cookies & Web Beacons, below.

Ad Serving and Usage Analytics

Chris Bagg Coaching Group may use third-parties for advertising and usage analytics for the Website. These third-parties may place Cookies on Your machine, use Web Beacons, gather Personal Information (as defined below), Traffic Data and Mobile Device Data, and log data to collect traffic and activity data in order to deliver relevant metrics, content, and advertising. We do not share your non-public Personal Information with these parties, but we may share anonymized or aggregated information with them to improve the relevancy of the ads you see at Chris Bagg Coaching Group. The collection of this information by third-parties is subject to such third-parties’ privacy policies. For additional information, see the section concerning Third-Party Websites/Applications, below. 

Personal Information

You may be asked to provide Chris Bagg Coaching Group certain information related to You ("Personal Information"). Personal Information includes, without limitation: (1) "Contact Data" (personally identifiable information about You, such as Your name and email address, as well as Your friends and contacts, if you enable access to Your contacts and address book information); and (2) "Demographic Data" (personal information about You (but doesn’t specifically identify You), such as Your gender, birthday, zip code, country, height, weight, lifestyle, training data, racing data, and race results. The Personal Information you provide is used for such purposes as allowing you to set up a user account and profile, providing the Website and related services, monitoring and improving the content and usage of the Website, interacting with the Website and with your friends and other members, to find and connect with Your friends and other members (when instructed by You), customizing the advertising and content you see, communicating with you about new features and other news, and any other purpose for which the information was collected. We may also draw upon this Personal Information in order to adapt the Website to your needs, to research the effectiveness of our Website, and to develop new tools for our members. You are under no obligation to provide Personal Information, however, not providing this information may prevent You from using certain features of the Chris Bagg Coaching Group's services.

INFORMATION USE AND DISCLOSURE PRACTICES

Traffic Data.

Data and Information Gathered Using Cookies, Web Beacons & Mobile Device Data. Chris Bagg Coaching Group analyzes Traffic Data and information gathered using Cookies, Web Beacons and Mobile Device Data to help Chris Bagg Coaching Group better understand who is using the Website and how they are using the Website. By identifying patterns and trends in usage, Chris Bagg Coaching Group is able to better design the Website to improve Your experience, and to serve You more relevant and interesting content and advertisements. From time to time, Chris Bagg Coaching Group may release Traffic Data and information gathered using Cookies, Web Beacons and Mobile Device Data in the aggregate, such as by publishing a report on trends in the usage of the Website. In addition, Chris Bagg Coaching Group may share Traffic Data and Mobile Device Data and information gathered using Cookies and Web Beacons with: (1) third-party analytics companies so that such third-parties may help Chris Bagg Coaching Group better understand who is using the Website and how they are using the Website; (2) advertisers and marketing partners so that such third-parties may provide You with advertisements tailored to Your interests; and (3) service providers so that we can personalize, provide and improve our Website to Your use and interests.

Personal Information

Chris Bagg Coaching Group may use Your Contact Data to send You information about Chris Bagg Coaching Group and Chris Bagg Coaching Group's products and services, and to contact You when necessary in connection with the Website. Chris Bagg Coaching Group uses Your Contact Data (when instructed by You) to connect You. If provided, Chris Bagg Coaching Group may use Your Demographic Data to customize and tailor Your experience on the Website. As with Traffic Data and Mobile Device Data and information gathered using Cookies and Web Beacons, from time to time Chris Bagg Coaching Group may release or share Demographic Data with third parties in anonymous form and/or in the aggregate, for industry analysis, research, demographic profiling and other similar purposes. In addition, Chris Bagg Coaching Group shares anonymized Demographic Data with its advertisers and marketing partners so that such third-parties may provide You with advertisements tailored to Your interests. If and when such Demographic Data is used, you will be granted an opportunity to opt-out of sharing your anonymized and Demographic Data with our advertising and marketing partners.

Disclosure in Connection with Services

Chris Bagg Coaching Group discloses Personal Information to those who help it provide services, including those who perform technical, administrative and data processing tasks such as hosting, billing, fulfillment, and data storage and security.

By Law or to Protect Rights

Chris Bagg Coaching Group discloses Personal Information when required to do so by law, or in response to a subpoena or court order, or when Chris Bagg Coaching Group believes in its sole discretion that disclosure is reasonably necessary to protect the property or rights of Chris Bagg Coaching Group, third-parties, or the public at large.

Business Transfers; Bankruptcy

Chris Bagg Coaching Group reserves the right to transfer all Personal Information in its possession to a successor organization in the event of a merger, acquisition, or bankruptcy or other sale of all or a portion of Chris Bagg Coaching Group's assets. Other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all transferred Personal Information will be subject to this Privacy Policy, or to a new privacy policy if You are given notice of that new privacy policy and an opportunity to affirmatively opt-out of it. Personal Information submitted or collected after a transfer, however, may be subject to a new privacy policy adopted by Chris Bagg Coaching Group's successor organization.

EMAIL COMMUNICATIONS FROM CHRIS BAGG COACHING GROUP

In providing the Website, You may receive periodic email communications from Chris Bagg Coaching Group regarding coaching updates, events, and news items relevant to our ThirdParty Affiliates and Partners. Services, such as new product offers and other information regarding the Website, which are part of the Website and which You cannot opt out of receiving. You may also receive periodic promotions and other offers or materials Chris Bagg Coaching Group believes might be of interest to You. You can opt-out of receiving these promotional messages at any time by contacting Chris Bagg, Head Coach, via the contact feature on the Website. 

SECURITY OF PERSONAL INFORMATION

Chris Bagg Coaching Group maintains reasonable security procedures and practices designed to protect against the unauthorized access, use, modification, destruction or disclosure of Your Personal Information; however, despite these efforts, no security measures are perfect or impenetrable and no method of data transmission can be guaranteed against any interception or other type of misuse. In the event that Your Personal Information is compromised as a result of a breach of security, Chris Bagg Coaching Group will promptly notify You if Your Personal Information has been compromised as required by applicable law.

THIRD-PARTY WEBSITES/APPLICATIONS

The Website and Applications contain links to Third-Party Websites/Applications. Chris Bagg Coaching Group does not own or control these Chris Bagg Coaching Group Websites/ Applications. Chris Bagg Coaching Group is not responsible for the privacy and security practices and policies of those Third-Party Websites/Applications and this Privacy Policy does not apply to any Third-Party Websites/Applications, except with respect to Personal Information provided directly to them by Chris Bagg Coaching Group. Before visiting or providing Personal Information to a Third-Party Website, You should inform Yourself of the privacy policies and practices (if any) of that Third-Party Website, and should take those steps necessary to, in Your discretion, protect Your privacy.

UPDATES AND CHANGES TO PRIVACY POLICY

Chris Bagg Coaching Group reserves the right to, update, change or modify this Privacy Policy. Any material changes to this policy will be posted on the Website (or You may be notified by email or other notification), and will indicate when such changes will become effective. You will be deemed to have agreed to any such modification or amendment by Your decision to continue using the Website following the date in which the modified or amended Privacy Policy is posted on the Website. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used.

CHILDREN'S PRIVACY

Chris Bagg Coaching Group does not solicit or knowingly collect personally identifiable information from children under the age of 13. If Chris Bagg Coaching Group obtains actual knowledge that it has collected personally identifiable information from a child under the age of 13, Chris Bagg Coaching Group will promptly delete such information from its database.

INTERNATIONAL USERS

If you are located outside the United States and choose to provide Your information to Chris Bagg Coaching Group, Your information will be transferred to the United States and processed there (or any other country where Chris Bagg Coaching Group operates). By providing Your information and using the Website, You agree and consent to the collection, transfer, use, storage and disclosure of Your information as described in this Privacy Policy.

EFFECTIVE DATE: JANUARY 28, 2016.