Updated November 7, 2018
Children under the age of 18 may not use this service and parents or legal guardians may not agree to these Terms of Service on their behalf. If we become aware that a child under 18 has provided or attempted to provide us with personal information, we will use our best efforts to remove the information permanently from our files.
- Copyright and Trademark Information
Copyright © 2018 OPS BOSS COACHING LLC All Rights Reserved.
This web site, the information which it contains, the services and products and all related content (herein collectively referred to as the “Product”) is the property of OPS BOSS COACHING LLC and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions, and other intellectual property laws. You may not reproduce, reprint, publish, or otherwise exploit content or technology from OPS BOSS COACHING LLC without our express prior written consent. Your breach of this condition shall subject you to any and all claims under state, federal and international law including, but not limited to, the U.S. Copyright Act.
- User Representations, Warranties and Acknowledgements
- You acknowledge the Product will be subject to annual subscription fees once you have purchased the Product.
- You represent and warrant the Product will only be used for lawful purposes.
- You represent and warrant that you will not interfere with or disrupt this web site or any related Ops Boss Coaching LLC websites or servers or networks connected to this web site or any related Ops Boss Coaching LLC web sites.
3.1 Fees for the Product.
You will be subject to annual subscription fees in accordance with the fee schedule described.
3.2 Fee Schedule; Discounts.
The fee schedule, including subscriber or contact levels, prices, and any discounts is subject to change at any time in Ops Boss Coaching LLC’s, sole discretion. If you receive special discounts through a marketing partner, those discounts may not be available if you cease to continue to be a customer of the marketing partner, in which case Ops Boss Coaching LLC’s standard rates will apply. Ops Boss Coaching LLC may rely on information provided by the applicable marketing partner, if any, with respect to the status of your account.
3.3 Payment; State and Local Sales Tax.
Payment for the Product will be made in advance by a valid credit card accepted by Ops Boss Coaching LLC. Fees are payable in U.S. dollars.
4.1 No Rights in Software.
This is an Agreement for services and access to this web site, and you are not granted a license to any software by this Agreement. You will not directly or indirectly reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Product or any software, documentation, or data related to the Product (“Software”); remove any proprietary notices or labels from the Product or any Software, modify, translate, or create derivative works based on the Product or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Product or any Software.
Unless otherwise permitted by written agreement or authorization by Ops Boss Coaching LLC, you may not display, copy, reproduce, or distribute the Software, any component thereof, any documentation provided in connection with the Products or the Software. Violation of these restrictions may result in the termination of this Agreement, to be determined by Ops Boss Coaching LLC in its sole discretion.
4.2 Permitted Use of the Products.
If you are using the Product in any jurisdiction which restricts the ability of a software provider to restrict your right to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Software or Product, then you hereby covenant that, prior to engaging in such activities, you will first request that Ops Boss Coaching LLC perform such work at its standard professional services rates. Ops Boss Coaching LLC can then decide either: (i) to perform the work in order to achieve such interoperability and charge its then standard rates for such work to you; or (ii) to permit you to reverse engineer parts of the Software in order to obtain such source code, but only to the extent necessary to achieve such interoperability or (iii) provide you with the information that you need regarding the Software for the purpose for which applicable law permits you to engage in such activities despite a contractual prohibition on such activities. Notwithstanding the foregoing, nothing herein shall obligate Ops Boss Coaching LLC to perform such work or grant such permission. This recorded training is only for the use of the student enrolled. Do not share your login credentials.
4.4 Your Information.
In using the varied features of the Products, you may provide information about yourself or your employer (such as name, contact information, or other registration information) to Ops Boss Coaching LLC. Ops Boss Coaching LLC may use this information and any technical information about your use of the Product to tailor its presentations to you, facilitate your movement through the Product, or communicate separately with you. If you accessed the Product as a result of solicitation by a marketing partner of Ops Boss Coaching LLC, Ops Boss Coaching LLC may share your information with the marketing partner and the marketing partner may share related information with Ops Boss Coaching LLC. Except as described above. Ops Boss Coaching LLC will not provide your information, including your contact and account information, to third parties who you have not authorized to receive such information except as required by law or court order, including without limitation judicial process and law enforcement, or in the good-faith belief that such action is necessary to comply with law or a court order. Ops Boss Coaching LLC.
You hereby agree to defend, indemnify, and hold harmless Ops Boss Coaching LLC, and its business partners, third-party suppliers and providers, licensors, officers, directors, employees, distributors, and agents against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys’ fees) in connection with any claim or action that (i) arises from any alleged breach of this Agreement, (ii) arises from the content or effects of any messages distributed or (iii) otherwise arises from or relates to your use of the Product. In addition, you acknowledge and agree that Ops Boss Coaching LLC has the right to seek damages when you use the Product for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance, and/or consequential damages. In addition, in the event that Ops Boss Coaching LLC is required to respond to a third party or law enforcement subpoena that is related to your use of the Product, Ops Boss Coaching LLC may in its sole discretion require you to reimburse Ops Boss Coaching LLC for its reasonable expenses associated with complying with such subpoena.
- Warranty Disclaimer; Remedies
USE OF THE PRODUCT AND ANY RELIANCE BY YOU UPON THE PRODUCT, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. Ops Boss Coaching LLC DOES NOT WARRANT THAT THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PRODUCT. THE PRODUCT IS PROVIDED “AS IS” AND Ops Boss Coaching LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT.
Your sole and exclusive remedy for any failure or nonperformance of the Product shall be for Ops Boss Coaching LLC to use commercially reasonable efforts to adjust or repair the Product.
- LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, under no circumstances and under no legal theory, tort, contract, or otherwise shall Ops Boss Coaching LLC or any of its underlying service providers, business partners, information providers, account providers, licensors, officers, directors, employees, coaches, distributors, or agents (collectively referred to for purposes of this section as “Ops Boss Coaching LLC”) be liable to you or any other person for any money damages, whether direct, indirect, special, incidental, cover, reliance, or consequential damages, even if Ops Boss Coaching LLC shall have been informed of the possibility of such damages, or for any claim by any other party. In the event that, notwithstanding the foregoing, Ops Boss Coaching LLC is found liable to you for damages from any cause whatsoever, and regardless of the form of the action (whether in contract, tort [including negligence], product liability or otherwise), the maximum aggregate liability of Ops Boss Coaching LLC to you arising in connection with this agreement shall be limited to the amount you paid for the product in the twelve (12) months prior to the accrual of the applicable claim, less any damages previously paid by Ops Boss Coaching LLC to you in that twelve (12) month period. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to you.
- Restricted Persons; Export of Products or Technical Data
You hereby warrant that you are not a Restricted Person. For purposes of this Agreement, you are a Restricted Person if you or any officer, director, or controlling shareholder of the entity on behalf of which you are using the Product is (1) a national of or an entity existing under the laws of Cuba, Iran, Sudan, Syria, or any other country with which U.S. persons are prohibited from engaging in transactions, as may be determined from time to time by the U.S. Treasury Department; (2) designated as a Specially Designated National or institution of primary money laundering concern by the U.S. Treasury Department; (3) listed on the Denied Persons List or Entity List by the U.S. Commerce Department; (4) engaged in nuclear, missile, chemical, or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license; or (5) owned, controlled, or acted on behalf of a Restricted Person. If you become a Restricted Person during the term of this Agreement, you shall notify Ops Boss Coaching LLC within twenty-four (24) hours, and Ops Boss Coaching LLC shall have the right to terminate any further obligations to you, effective immediately and with no further liability to you, but without prejudice to your outstanding obligations to Ops Boss Coaching LLC.
You agree that you shall not utilize the Product to conduct or facilitate any transaction with any Restricted Person, except as may be expressly authorized in advance in writing by the U.S. Government. You may not remove or export from the United States or allow the export or re-export of the Product, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of the United States or any other applicable country.
- Third-Party Web Sites and Services
This web site may contain links to non-Ops Boss Coaching LLC web sites and access to certain third-party services which may include, without limitation, social bookmarking services. These links and services are provided to you as a convenience, and Ops Boss Coaching LLC is not responsible for the content of any linked web site or use of any third-party service.
- Monitoring Communications
You understand, agree and acknowledge that Ops Boss Coaching LLC may in its discretion, but is not obligated to, monitor or record any of your telephone conversations with Ops Boss Coaching LLC for quality control purposes, for purposes of training its employees, and for its own protection. You acknowledge and understand that not all telephone lines or calls are recorded by Ops Boss Coaching LLC, and does not guarantee that recordings of any particular telephone calls will be retained or capable of being retrieved.
You understand Ops Boss may record all group coaching calls and authorize Ops Boss to use them for other purposes including marketing
Ops Boss Coaching LLC is in Vienna VA and operates under the laws of the State of VA. Ops Boss Coaching LLC does not guarantee any success and is not responsible for actions taken by client resulting from coaching. “The web site, course, videos & group coaching have been prepared by Ops Boss Coaching LLC with due care and we cannot guarantee accuracy. Do not rely on this material to guarantee specific results financially or in any other manner. No warranties, express or implied are made by Ops Boss Coaching LLC in regard to the info presented in videos or in coaching
- Notice and Take Down Procedures; Copyright Agent
If you believe any materials accessible on or from this web site or the Product infringe your copyright or other intellectual property, you may request removal of those materials (or access thereto) from this web site or the Product by contacting Ops Boss Coaching LLC’s copyright agent (identified below) and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work and, where possible, include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number, and (if available) email address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate and indicating that, “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
Ops Boss Coaching LLC’s agent for copyright issues relating to this web site and the products is as follows:
Ops Boss Coaching LLC
904 Frederick St SW
Vienna VA 22180
If you believe your own copyrighted material has been removed from our website and/or service as a result of mistake or misidentification, you may submit a written Counter Notification to our Agent for Notice pursuant to 17 U.S.C. § 512(g)(2) and (3). To be effective, your Counter Notification must include substantially the following:
- Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled.
- A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which the service provider for the web site may be found.
- A statement that you will accept service of process from the party that filed the Notification of Alleged Copyright Infringement or from the party’s agent.
- Your name, address, and telephone number.
- A statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- Your physical or electronic signature.
You may submit your Counter Notification to our designated Agent for Notice of by mail or email as set forth below:
Ops Boss Coaching LLC
904 Frederick St SW
Vienna VA 22180
In an effort to protect the rights of copyright owners, Ops Boss Coaching LLC maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of this web site who are repeat infringers.
- Governing Law/Jurisdiction
Alternatively, in the sole discretion of Ops Boss Coaching LLC, a claim or action may be adjudicated in the state or federal courts located in Fairfax County, Virginia. Further, you hereby consent to the exclusive jurisdiction of, and venue in, the state or federal courts located in Fairfax County, Virginia.
- Open Positions on Career Pages
Ops Boss Coaching LLC may list open employment positions on this web site. Any such postings are for informational purposes only and are subject to change without notice. You should not construe any information on this web site or made available through this web site as an offer for employment. Nor should you construe anything on this web site as a promotion or solicitation for employment not authorized by the laws and regulations of your locale.
- Username and Password
You are responsible for maintaining the security of your account, passwords, and files. Ops Boss Coaching LLC will accept the instructions of any individual who claims to be authorized to direct changes to your account so long as such person presents your username and password or provides other appropriate account identifying information as determined by Ops Boss Coaching LLC in its discretion, by email or by phone, or through a Third Party Service, if any, through which you access the Product. Ops Boss Coaching LLC has no knowledge of your organizational structure, if you are registering for the Product as an entity, or your personal relationships, if you are a person. Ops Boss Coaching LLC shall not be responsible for the actions of any individuals who misuse or misappropriate your contact lists or other assets using your username and password or other appropriate account identifying information. This recorded training is only for the use of the student enrolled. Do not share your login credentials.
If you have any questions about the rights and restrictions above, please contact Ops Boss Coaching LLC by email at firstname.lastname@example.org