TERMS OF SERVICE

Read these Terms of Service carefully before using the website. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT ACCESS OR USE THE WEBSITE OR INTERACTIVE SERVICES.

Welcome to Call the Coxie℠!

Call the Coxie℠ website and interactive services is owned by Woodward & Wagner, LLC (“W&W”).

Conditions for Use of the Website & Interactive Services

These are the Terms of Service you must agree to in order to use the Call the Coxie℠ website and interactive services. These Terms of Service are a legally binding contract between W&W (“we,” “our,” or “us”) and anyone who uses the website (“you” or “your”).

Disclaimers & Limitations of Liability

Parent/Legal Guardian Responsibility

If you are under the age of majority (which in most states is 18 years old), your parent or guardian may be liable for some or all of your activities on the website and/or interactive services. Let your parent or legal guardian know that you are using the website and/or interactive services. These Terms of Service and your use of the website and/or interactive services will affect the legal obligations and rights of your parents or legal guardians.

Description of Services

The website and interactive services are intended for informational and entertainment purposes only. The website and interactive services are intended to provide general information regarding the role of coxswains, and not to supersede individual coaches, mentors, or your own best judgment. You should not rely on the website and/or interactive services in considering the merits of any particular situation. We do not guarantee results.

Assumption of Risk

It should be fully understood that COXING and ROWING ACTIVITIES INVOLVE RISKS AND DANGERS of serious bodily injury, including permanent disability, paralysis, and death. Your use of the website and/or interactive service is evidence that you ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES incurred. NOTHING on this website or interactive service can be a substitute for the advice of coaches, mentors, or your own best judgment. You accept and assume all risks for your actions, decisions, and results. You take full responsibility for any and all consequences acted upon in utilizing the information we provide.

Covered Parties

A Covered Party (defined below) shall not be liable for any direct, indirect, incidental, special, or consequential damages of any kind whatsoever (including, without limitation, attorneys’ fees and lost profits or savings) in any way due to, resulting from, or arising in connection with this website, regardless of any negligence of any covered party.

“Covered Party” includes W&W, Call the Coxie℠, Christina Dines, affiliates, listees, and any officer, director, employee, subcontractor, agent, successor, or assign of Christina Dines, affiliates, and listees.

Disclaimer of Warranties

YOUR USE OF, AND RELIANCE ON, ANY INFORMATION OBTAINED FROM OR THROUGH THE WEBSITE AND/OR INTERACTIVE SERVICE IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING BUT NOT LIMITED TO CLAIMS, SUGGESTIONS, ADVICE, PRODUCTS, INTERACTIVE SERVICES, OTHER SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.

W&W DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

W&W DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS OF ANY KIND REGARDING CONTENT, CLAIMS, ACCURACY, SUITABILITY, RELIABILITY, OR TIMELINESS OF INFORMATION CONTAINED WITHIN THIS WEBSITE, INTERACTIVE SERVICES, PRODUCTS, OTHER SERVICES, TEXT AND RELATED GRAPHICS. USERS OF THE WEBSITE, INTERACTIVE SERVICES, OR LINKS DO SO AT THEIR OWN RISK.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT ON THE WEBSITE OR INTERACTIVE SERVICES, EVEN IF W&W OR A W&W AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT AND/OR NEGLIGENCE, OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE OR UTILIZING INTERACTIVE SERVICES.

THESE DISCLAIMERS AND LIMITATIONS DO NOT AFFECT YOUR RIGHTS AS A CONSUMER OR PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE.

Indemnity and Release

You agree to release, defend, indemnify, and hold W&W and its affiliates, officers, employees, assigns, directors, and agents harmless from any and all damages, losses, and expenses, including reasonable attorneys’ fees, claims, rights, actions, and injury (including, but not limited to, death) arising out of or relating to your use of the website, interactive services, Content, Communications, your violation of any rights of another, or your violation or alleged violations of these Terms of Service.

Links to Other Websites

Links to other websites are provided for ease of access to information. Links to websites neither signify that we endorse those websites, nor that they are an endorsement of us or of our website and interactive services. We are not responsible for content on linked websites.

We disclaim all responsibility for any loss, injury, illness, death, claim, liability, or damage of any kind resulting from, arising out of or any way related to:

any errors in or omissions from this website and its Content, including but not limited to technical inaccuracies and typographical errors or server errors;
any third party websites or content therein directly or indirectly accessed through links in this website;
the unavailability of this website or any portion thereof,
misdirected or redirected transmissions;
your use of this website;
your use of any equipment or software in connection with this website;
failed internet connections, interruptions in the transmission, receipt, or fulfillment of appointments or other interactive services;
any damages associated with or between you and any individual or organization you may have used as a result of this website or its links;
any computer virus or technical defect;
your use of information obtained from the website or interactive services, including, but not limited to, discussions via telephone, email, in person, Skype™, or other methods of communication.

ARBITRATION & GOVERNING LAWS

All users, including those users who access the website and interactive services from a country other than the U.S., agree that these Terms of Service shall be governed by and construed in accordance with the laws of the State of Florida, USA. Any Dispute, Claim, or Controversy, including but not limited to, those arising from the website or interactive services or our performance or use of personal information or otherwise relating to privacy, shall be subject to the laws of the State of Florida without regard to any conflict of law provisions.

You agree:

that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of this website must be filed within one (1) year after such claim or cause of action arose or be forever barred;
to submit any dispute with W&W, the website, or interactive services exclusively to final and binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association;
that the location of any arbitration shall be in Collier County, Florida. Any arbitrator shall not have the authority to award punitive damages;
to be bound by any ruling in such arbitration proceeding and that such ruling shall be enforceable in any court of competent jurisdiction;
if any portion of these Terms of Service or Privacy Policy is found by an arbitrator or court of competent jurisdiction to be invalid, the arbitrator or court shall nevertheless give effect to the parties’ intentions expressed therein. All other provisions of these Terms of Service and Privacy Policy remain in full force and effect;
that our failure to exercise any rights or to enforce any of the terms of the Terms of Service or Privacy Policy shall not constitute a waiver of such rights or terms.

Entire Agreement & Severability

These Terms of Service incorporate any notices contained on this website and interactive services and constitute the entire Agreement. If any provision of these Terms of Service is unlawful, void, or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

Consent

By using our website and interactive services you consent to:

our collection and use of information;
the entire Terms of Service. If we change our Privacy Policy, we will post those changes on this website so you are always aware of information we collect, how we use it, and under what circumstances we disclose it. Your continued use of the website and interactive services following the posting of changes to these terms means you accept the changes. If you do not agree to these terms of use, do not use the website and interactive services.

Intellectual Property

Call the Coxie℠ Service Marks, Trademarks

The Call the Coxie℠ name and Logos are Service Marks and Trademarks of W&W. You agree that we do not grant any license or right to use Call the Coxie℠ Service Marks, Trademarks, or Logos displayed on the website, without our prior written permission. Goodwill arising from the use of the Call the Coxie℠ Service Marks, Trademarks, and Logos will inure exclusively to our benefit.

Hyperlinks to Call the Coxie℠

If you wish to hyperlink to the website, you agree to keep intact all copyright and other proprietary notices. You further agree to cease such link at our request. No other use is permitted without our prior written permission.

Reproduction and Publication Prohibited

All material provided through interactive services and on the website is protected by United States copyright law. You agree not to reveal, disseminate, display, copy, duplicate, reproduce, publish, post, distribute, license, modify, sell, or exploit Content of the website or interactive services, for any commercial or educational purpose, whether in part or in full, and whether temporarily or permanently.

Recording and Disseminating Prohibited

Content, Advice, and Strategies provided through the website and interactive services are proprietary and intended strictly for your personal use. You are prohibited from recording Content, Advice, or Strategies, including for personal use. You are prohibited from posting Content, Advice, or Strategies on any blog, website, or forum. You are prohibited from disseminating Content, Advice, or Strategies through any other means, such as oral, written, audio, or video.

Your Viewpoints are Not Confidential

Viewpoints you disclose to us regarding coxing, strategies, and rowing in general, whether in email, telephone, Skype™, or through other methods of communication (“Viewpoints”) is not private and not protected. We are entitled to the unrestricted use and dissemination of these Viewpoints for any purpose, at our discretion. We will not provide notice or compensation to you should we reproduce, incorporate, adopt, or otherwise utilize Viewpoints.

Other Trademarks, Service Names, and Logos

There are references throughout this website to various trademarks. All trademarks mentioned or contained herein, whether registered or not, are the property of their respective owners. The Call the Coxie℠ website is neither sponsored by nor affiliated with any of the trademarks or registered trademark owners, and makes no representations about them, their owners, their products, or their services.

Call the Coxie℠ is neither sponsored by nor affiliated with, for example, Nielsen-Kellerman Co. (“NK”), Empacher North America, Bootswerft Empacher GmbH, Skype™, University of Notre Dame, University of Notre Dame’s Women’s Rowing Program, or the NCAA.

Other Conditions of Use

Fees for Services

Fees are associated with the use of interactive services. You will be required to provide us with accurate payment information. In submitting payment, you agree that:

you are over the age of 13 (see our Privacy Policy);
you are authorized to use the payment instrument;
you understand and accept our Refund Policy;
Fees, Service Fees, Refunds and other prices are stated in US dollars;
you will pay associated taxes and additional fees as required;
services may be withheld for nonpayment of fees;
we reserve the right to change prices listed on the website, including but not limited to interactive services;
your continued use of interactive services following any price changes to the like represents your acceptance;
you will dispute any charges within seven (7) days after the date that we charge you.

You will pay us a Service Charge of $50.00 if you do not have sufficient credit or funds in your account so we can recover fees passed on to us by the credit company. Interactive services will be immediately suspended without notice. Our interactive services will only be reinstated when you pay in full both a $50 chargeback fee and any outstanding balance. Requesting a chargeback for a valid charge is fraud. Email callthecoxie@gmail.com with any billing issues or billing disputes within 7 days.

Refund Policy

All payments for used interactive services are non-refundable.

Prepaid interactive services for future use are partially refundable as follows:

if you purchased a discounted package for paid-in-advance interactive services and wish to cancel unused sessions, the fee for used services is non-refundable and will be billed at the hourly rate. The remaining balance of the prepaid amount will be partially refunded to equal the value of half the purchase price.
we will reschedule appointments for future services without charge if you provide 48 hours advance notice to callthecoxie@gmail.com. Failure to provide written notice within 48 hours of appointment will result in a service charge of $25.00 per appointment or session.

Cash refunds are not available. All refunds will be processed and credited back to the original credit/debit card or bank account.

We reserve the right to terminate our interactive services with you if you violate our Terms of Service or Privacy Policy. In that instance, we offer no refunds.

Our Cancellations

We make every good faith effort to honor appointments. However, we assume no liability (see Limitations of Liability) should we need to reschedule an interactive service. We will endeavor to reschedule any interactive service at a mutually agreeable time.

Changes to Interactive Services

We reserve the right to change or terminate both the website and interactive services without notice. Changes or termination is at our sole discretion. You agree that, where the website and/or services are changed or terminated, we will not be liable to you, parents or legal guardians, or any third party.

We reserve the right to accept or deny clients, whether prior to enrollment, at enrollment, or during the course of services. We reserve the right to deny renewal of membership, at our sole discretion.

Changes To Website & Terms of Service

From time to time we will make changes to this website and these Terms of Service and/or the Privacy Policy with or without notice, at our sole discretion.

Please review this link on a regular basis for changes. Continued use of this website following any change means that you accept the change.

We respect the privacy of our users. For details please see our Privacy Policy. By using this website and interactive services, you consent to our collection and use of personal data as outlined therein.

Questions, Suggestions, & Comments

Please contact us at callthecoxie@gmail.com or write to us at:

Woodward & Wagner LLC
Attn: Christina Dines
1400 N. W. 65th Place
Fort Lauderdale, FL 33309