Last modified: October 22, 2019
The AIIR Platform is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using the AIIR Platform, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the AIIR Platform.
Accessing the AIIR Platform and Account Security
We reserve the right to withdraw or amend the AIIR Platform, and any service or material we provide on the AIIR Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the AIIR Platform is unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of the AIIR Platform, to users, including registered users.
If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the AIIR Platform or portions of it using your username, password or other security information. You will not buy, sell, rennet or lease access to your AIIR Platform Account. You will not attempt to log in or otherwise access the AIIR Platform through any unauthorized third-party applications. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Intellectual Property Rights
The AIIR Platform and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
To the extent that Company provides you with reports or other documentation relating to your participation in AIIR-provided services and/or the results of any assessments or evaluations you have completed via the AIIR Platform (collectively, “Documentation“) you will own your copy of the Documentation and may retain it for your own personal use. You acknowledge, however, that the intellectual property rights and data underlying the Documentation, including any processes, methods, tools, templates, designs, known-how, data, information, copyrights, patents, trademarks, trade secrets, and other associated intellectual property, including any improvements, inventions or derivate works made with respect to the foregoing, remain the sole property of Company
The Company name, Coaching Zone, Big Coaching Data, Coaching Mindset Index, Enterprise Coaching Manager, Coaching in the Cloud, AIIR logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the AIIR Platform are the trademarks of their respective owners.
Additionally, you agree not to:
The AIIR Platform may allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User-Provided Materials“) on or through the AIIR Platform. All User-Provided Materials must comply with the Content Standards set forth below.
Any User-Provided Materials you post to the AIIR Platform will be considered non-confidential and non-proprietary. By providing any User-Provided Materials on the AIIR Platform, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute, promote, broadcast, and otherwise disclose to third parties any such material for any purpose in any and all media or distribution methods now known or later developed.
To the extent you appear in, create, upload, post, or send User-Provided Materials, you hereby grant Company and our respective licensees, successors and assigns, the unrestricted, worldwide, perpetual right and license to use your name, likeness, and voice, including in connection with commercial or sponsored content. You acknowledge that you will not be entitled to any compensation from Company, our affiliates, or our business partners if your name, likeness, or voice is conveyed through the AIIR Platform, either on the AIIR Platform or on one of our business partner’s platforms.
You understand and acknowledge that you are responsible for any User-Provided Materials you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User-Provided Materials posted by you or any other user of the AIIR Platform.
Monitoring and Enforcement; Termination
We have the right to:
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the AIIR Platform. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the AIIR Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Any User-Provided Materials you provide must, in their entirety, comply with all applicable federal, state, local and international laws and regulations. In addition, the content standards set forth below (“Content Standards“) apply to any and all User-Provided Materials. Without limiting the foregoing, User-Provided Materials must not:
In the event that we determine, in our sole discretion, that you are violating any of the Content Standards, we reserve the right to remove any applicable User-Provided Materials, and/or terminate your access to the AIIR Platform. In the event we determine that you are repeatedly infringing the copyrights of any third parties your account will be terminated and your continued access to the AIIR Platform will be denied in accordance with the Digital Millennium Copyright Act (“DMCA”).
If you believe that any User-Provided Materials violate your copyright, you may submit a notification pursuant to the DMCA by providing us with the following information in writing (collectively, a “Notice“) (see 17 U.S.C 512(c)(3) for further details):
All Notices must be sent to our copyright agent via email at [email protected].
Reliance on Information Posted
The information presented on or through the AIIR Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the AIIR Platform, or by anyone who may be informed of any of its contents.
The AIIR Platform includes content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Links from the AIIR Platform
If the AIIR Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the AIIR Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the AIIR Platform is based in the state of Pennsylvania in the United States. We provide the AIIR Platform for use only by persons located in the United States. We make no claims that the AIIR Platform or any of its content is accessible or appropriate outside of the United States. Access to the AIIR Platform may not be legal by certain persons or in certain countries. If you access the AIIR Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the AIIR Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our platform for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE AIIR PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE AIIR PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE AIIR PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE AIIR PLATFORM IS AT YOUR OWN RISK. THE AIIR PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE AIIR PLATFORM (INCLUDING, BUT NOT LIMITED TO, THE DOCUMENTATION) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE AIIR PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE AIIR PLATFORM, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE AIIR PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE AIIR PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE AIIR PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE AIIR PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability; Waiver
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE AIIR PLATFORM; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE AIIR PLATFORM; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR USER-PROVIDED MATERIALS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL COMPANY’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE AIIR PLATFORM EXCEED THE LESSER OF (I) AMOUNTS YOU PAID COMPANY, IF ANY, IN THE 12 MONTH PERIOD PRECEDING ANY CLAIM; OR (II) ONE HUNDRED DOLLARS ($100.00).
WITH RESPECT TO ANY ASSESSMENTS, SURVEYS AND/OR QUESTIONNAIRES YOU MAY PARTICIPATE IN VIA THE AIIR PLATFORM, AND ANY ASSOCIATED DOCUMENTATION, YOU HEREBY RELEASE COMPANY AND ITS AGENTS, DISTRIBUTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, RELATED OR AFFILIATED COMPANIES, AND SUCCESSORS FROM ALL LIABILITY, AND ANY ACTIONS OR CAUSES OF ACTION OF EVERY KIND, NATURE, AND DESCRIPTION ARISING OUT OF, OR INCIDENTAL TO (I) YOUR TAKING OF SUCH ASSESSMENTS; AND (II) THE USE OF THE DOCUMENTATION BY THE COMPANY OR AGENCY THAT REQUESTED YOU TO COMPLETE THE ASSESSMENT, WHICH MAY INCLUDE YOUR EMPLOYER TO THE EXTENT THAT YOUR EMPLOYER REQUESTED YOUR PARTICIPATING IN ANY AIIR SERVICES OR USE OF THE AIIR PLATFORM.
COMPANY IS NOT LIABLE FOR ANY DECISION MADE BY YOUR EMPLOYER AND/OR THE COMPANY OR AGENCY THAT REQUESTED YOU TO COMPLETE THE ASSESSMENT.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction
Limitation on Time to File Claims
Waiver and Severability
Your Comments and Concerns
The AIIR Platform is operated by AIIR Consulting LLC, 50 Monument Rd, Suite 205, Bala Cynwyd, PA 19004.
All other feedback, comments, requests for technical support and other communications relating to the AIIR Platform should be directed to: [email protected].