Introduction
Coaching Moments (“Coaching Moments”) is your ultimate career destination for exciting job opportunities, expert advice, a peek behind the scenes at fantastic employers, and access to amazing career coaches.
By creating an account or otherwise using the Services (as defined below) in any manner, you are entering into a legally binding agreement with Coaching Moments, a corporation headquartered in Mexico, as outlined in these Terms of Use (“Terms”). These terms also include our Privacy Policy which is incorporated by reference.
You must be at least 18 years of age to use the services. If you are under 18 years of age, you may not use the services under any circumstances or for any reason. The services are not targeted at or meant for anyone who has not reached the age of 18, and we will not knowingly collect information from anyone under the age of 18. If the applicable law in the country or state in which you are using the services requires that you be older than 18 to use the services, you must be at least the minimum age legally defined for such a country or state to use the services.
Services
The “Services” collectively include the “Website” (meaning wwwcoaching-moments.com and including all webpages, subdomains, and any successor or affiliated websites), emails, newsletters, and other communications; user accounts; job application services; Coach Connect Services; Content; any other products or services offered by Coaching Moments; and any other services that state they are governed by these Terms. “Content” means any and all text, articles, images, videos, graphics, software, music, audio, information, or other materials appearing on the Website, including, without limitation, information about employers, career resources, advice, questions, answers, or other content, whether created or posted by you, Coaching Moments, a third party, or any other user.
Modifications
We may update these terms from time to time. We will give you notice of the changes by posting an updated version of these Terms online, updating the “Revised” date above, or by emailing you at an email address you have provided. Changes to these terms will be effective as of the date we post them or otherwise notify you of them unless we specify a different effective date when we make a particular change. Your continued use of the services will constitute your acceptance of the changes. If you do not agree to a change, you must stop using the Services.
We may modify, add to, suspend, or discontinue the Services or certain features of the Services, or remove any content at any time for any reason, without prior notice to you. Unless expressly stated otherwise, any new feature that augments, enhances, or otherwise modifies the Services is subject to these Terms.
Accounts
While you are not required to provide your personal information to us unless you create an account with us (a “Coaching Moments Account”) and give us specific personal data, we may not provide you with access to or use some of the services. If you choose not to create or continue maintaining a Coaching Moments account, you may still access certain features as visitors to our Website. Your access and use of the Services, whether as a visitor or as a Coaching Moments Account holder, is subject to these Terms.
Your Coaching Moments account is for your personal, non-commercial use only, and you must provide complete and accurate information when creating a Coaching Moments account. You are responsible for maintaining the confidentiality and security of your account information, including any usernames or passwords. You are solely responsible for the activity that occurs on your Coaching Moments account. You may not create an account for someone else or allow someone else to use your Coaching Moments account. You agree to notify us immediately of any actual or suspected unauthorized access to or use of your username or password, or any breach of security related to your Coaching Moments account. If your Coaching Moments account has been canceled by us, or you have been removed or otherwise blocked from the website due to a violation of our Code of Conduct or any other reason, you may not continue to use the services.
You may cancel your Coaching Moments account at any time by sending an email to customer care. If your Coaching Moments account is canceled, we have no obligation to maintain, delete, or return you any content or personal information data you have posted through your use of the Services unless you specifically request such deletion under our Privacy Policy and have a legitimate right to such deletion under applicable law.
Job Applications
Coaching Moments allows you to get an inside look at employers, explore open positions and apply for jobs. Some job postings on our website allow users who are logged into their Coaching Moments accounts to complete and submit job applications directly through our website. Other job postings on our website will redirect you to the appropriate employer's career page, where you can apply without creating a Coaching Moments account.
In addition, we may, but are not obligated to, provide your Coaching Moments account with the option to save information for applying for jobs, such as a list of employer favorites, job postings to apply for later, and uploading a resume cover letter, or other professional information. The collection of such information is governed by our Privacy Policy
Paid Services
The services include a variety of products and services that are free to use (“Free Services”), as well as specific products and services that require payment (“Paid Services”). We reserve the right to charge for free services or change the price of paid services at any time. If you purchase any of our paid services, you agree to pay us any applicable fees and taxes, and you agree to any additional terms that may apply. You at this moment authorize the collection of such amounts either directly by Coaching Moments or indirectly via a third-party payment processor. Failure to pay these fees will result in the termination of the applicable paid service. Suppose you are directed to a third-party payment processor. In that case, you may be subject to the terms and conditions governing the use of that third party’s service and that third party’s personal information collection practices.
Please note that Coaching Moments is not liable for any bank fees, foreign exchange fees, or differences in prices based on geographic location. Coaching Moments or its third-party payment processor may store and continue billing your payment method to charge you for other paid services you may buy.
Content; Licenses Your Content. We do not acquire ownership of the content you post through the services. Still, by posting any content, you agree to grant us a universal, perpetual, sub-licensable, commercial, royalty-free, and irrevocable license to use, copy, reproduce, process, adapt, modify, create derivative works from, publish, transmit, display, and distribute such content in all media and distribution methods now known or hereafter devised. You have represented to us that you have the right to grant such a license. You agree that this license includes the right for other service users to modify your content and for Coaching Moments to make your content available to others for publication, distribution, syndication, or broadcast on other media and services. Such additional uses by Coaching Moments or others may be made with no compensation paid to you concerning the content you submit, post, transmit, or otherwise, make available through the Services. Any feedback, comments, or suggestions you may provide regarding the services are entirely voluntary. We are free to use such feedback, comments, or suggestions as we see fit and without any obligation to you. We reserve the right, but do not have any responsibility to, remove or block any content in our sole discretion, at any time, without notice to you, for any reason (including, without limitation, upon receipt of claims or allegations from third parties or authorities relating to such content or if we are concerned that you may have violated these Terms), or for no reason at all. If the content you submit to the Services contains your personal information, your right to access that personal information is governed by our Privacy Policy.
Coaching Moments Content
The website and services also contain content posted by Coaching Moments and our licensors (“Coaching Moments Content”). We and our licensors retain all right, title, and interest in and to such Coaching Moments Content, including all associated intellectual property rights, including, without limitation, copyrights, trademarks, trade names, trade dress, logos, patents, expertise, trade secrets, instructions, and all other proprietary information. Subject to your compliance with these Terms, Coaching Moments grants you a revocable, limited, non-exclusive, and non-transferable license to access and view any Coaching Moments Content solely for your personal and non-commercial purposes. You agree not to sublicense, copy, distribute, display, disseminate, reproduce, or otherwise exploit any Coaching Moments content or services without our prior written permission, regardless of whether it is created or owned by Coaching Moments or a licensor of Coaching Moments.
Trademarks. The trademarks, logos, trade names, and service marks, whether registered or unregistered (“trademarks”) displayed on the website, are trademarks of Coaching Moments and its third-party licensors. The display or use of any trademarks on the website or in the services shall not be construed as granting, by implication or otherwise, any license or right to use any trademark without the prior written permission of Coaching Moments or such third party. You also agree not to use our trade dress or copy the look and feel of the website or its design.
Disclosure of Content
We reserve the right to access, read, preserve, and disclose any content or information described in our Privacy Policy.
Links to Third-Party Sites
The website may direct you to third-party websites that are not owned or maintained by Coaching Moments. We are not responsible for your use of such third-party websites. We make no representations whatsoever concerning the content or accuracy of opinions expressed on, or other links provided by, such websites. The inclusion of any such link to a third-party website does not imply any association between its operators and us. Your use of any third-party websites is governed by the terms of such third-party websites and not by these Terms.
Code of Conduct
You understand and agree that you are solely responsible for compliance with any laws, rules, regulations, and tax obligations that may apply to your use of the Services. In connection with your use of the services, you agree that you will not:
Violate any local, state, provincial, national, or other law or regulation, or any court order.
Run any bots, spiders, scrapers, web crawlers, indexing agents, or other software to aggregate or browse our services, including, without limitation, company or user accounts or profiles, or otherwise interfere with or circumvent the integrity of the websiteor services.
Introduce any viruses, trojan horses, worms, time bombs, cancel bots, corrupted files, or similar software to the website or services, or transmit any other computer programming routines that may damage, interfere with, or surreptitiously intercept any data or personal information.
Use the services to transmit, distribute, post, or submit any confidential information concerning any other person or entity.
Stalk or harass, interfere with, or disrupt the access of any user of the Services, or collect or store any personally identifiable information about any other user without explicit consent from the user.
Defame, defraud, mislead, or impersonate any person or entity, or otherwise misrepresent yourself or your affiliation with any person or entity.
Post false information, including, without limitation, information regarding a job, a company, or your credentials as a job applicant.
Infringe, violate, or otherwise interfere with any copyright, trademark, or other party’s intellectual property rights.
Act in any manner that, in our sole discretion, is objectionable, interferes with the proper working of the services, or may affect our reputation in any way.
Disclaimers
The disclaimers in this section apply to the maximum extent allowable under applicable law.
You are solely responsible for your use of the services. We are not responsible for the activities, omissions, or other conduct, whether online or offline, of any other user or any coach. You are solely responsible for ensuring that your use of the services complies with all laws, rules, and regulations applicable to you. We make no representations concerning any content contained in or accessed through the Services.
The services are provided “as is” and without warranty of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, accuracy, or non-infringement, all of which are expressly disclaimed. Coaching Moments does not warrant that: (a) the Services will be secure or available at any particular time or location; (b) the Services will function without errors; (c) any defects or errors will be corrected; (d) any content or software available through the Services is free of viruses or other harmful components; and (e) the results of using or relying on any Content, Services, or advice contained therein will meet your requirements or produce desired results. Your use of, or reliance on, the services or any content is solely at your own risk.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BE COACHING MOMENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, OR REPUTATION ARISING FROM YOUR USE OF THE WEBSITE, CONTENT, OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY BY NOT WITH STANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT SHALL THE AGGREGATE LIABILITY OF COACHING MOMENTS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
DMCA Notices
We respect the intellectual property rights of others and take copyright infringement seriously. We have registered a copyright Agent with the Mexico Copyright Office, limiting our liability under the Digital Millennium Copyright Act. If you believe that your copyright has been infringed on the website or otherwise in our services, please notify us via mail or email with a message that contains:
Your name and contact information, including your address, telephone number, and email address;
The name of the party whose copyright has been allegedly infringed, if different from your name;
The name and description of the original work that is allegedly being infringed;
The location of the alleged infringing copy (such as the URL);
A statement that you have a good faith belief that use of the copyrighted work is not authorized by the copyright owner (or by a third party who is legally entitled to charge its use on behalf of the copyright owner) and is not otherwise permitted by law; and
A statement that you swear, under penalty of perjury, that the information contained in the notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings concerning its use.
Indemnification
You agree to indemnify, defend, and hold harmless Coaching Moments, its affiliates, and each of their respective principals, shareholders, agents, officers, directors, consultants, and employees from or against third-party claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses arising from or relating to any third-party claim, suit, action, or proceeding arising out of or related to your use or purchase of the Services, your violation of the rights of any third-party or person, or your breach of these Terms or any representation or warranty contained herein. Coaching Moments reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Coaching Moments, and you agree to cooperate with Coaching Moments’s defense of these claims. Coaching Moments will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
Dispute Resolution
You agree that the laws of Mexico, excluding its conflict of laws rules, shall exclusively govern any dispute relating to these Terms and/or the Services.
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH Coaching Moments AND LIMITS how YOU CAN SEEK RELIEF FROM Coaching Moments. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.
You and Coaching Moments agree to arbitrate any dispute arising from these Terms or your purchase or use of the Services, except that you and Coaching Moments are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. You and Coaching Moments agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to Coaching Moments shall be sent by mail to Coaching Moments, Attn: Legal, SIERRA GORDA 36, INT. 305, PISO 3, COL. LOMAS DE CHAPULTEPEC, MIGUEL HIDALGO, C.P. 11000 CIUDAD DE MÉXICO, or by email to support@coaching-moments.com. You and Coaching Moments further agree: to attempt informal resolution before any demand for arbitration; that any arbitration will occur in Mexico, Mexico; that arbitration will be conducted confidentially by a single arbitrator by the rules of JAMS; and that the state or federal courts in Mexico, Mexico, have exclusive jurisdiction over any appeals of an arbitration award and any suit between the parties not subject to arbitration. Other than the class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Whether the dispute is heard in arbitration or service court, you and Coaching Moments will not commence against each other a class action, class arbitration, or other representative action or proceeding.
Miscellaneous
These Terms, together with the Privacy Policy, and any other legal notices published on the Website, shall constitute the entire agreement between you and Coaching Moments concerning your use of the Services. These Terms, and any rights and licenses granted hereunder, may not be transferred, or assigned by you, but may be set by Coaching Moments at any time without restriction. Suppose any provision of these terms is deemed invalid by a court of competent jurisdiction. In that case, the invalidity of such a provision shall not affect the validity of the remaining provisions of these terms, which shall remain in full force and effect. If two or more provisions of this agreement are deemed to conflict with each other’s operation, Coaching Moments shall have the sole right to elect which condition remains in force. No waiver of any one provision outlined in these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and Coaching Moments’s failure to assert or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision.
You must sign this notice and send it to our Copyright Agent at:
To the attention of: Legal
Ciudad de México, México.
E-mail: support@coaching-moments.com
