Planet Coach

TERMS OF SERVICE

ACCEPTANCE OF TERMS
By using or visiting the "Planet Coach, LLC" Web site (collectively, including all Content available through the "Planet Coach, LLC" Web site) you as a user, signify your assent to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. In addition, when using the "Planet Coach, LLC" services, you shall be subject to any agreements, posted guidelines or rules applicable to such services. All such agreements, guidelines and rules are hereby incorporated by reference into the TOS. "Planet Coach, LLC" may also offer other services that are governed by different terms and conditions.

DESCRIPTION OF SERVICE
"Planet Coach, LLC" provides users with access to a rich collection of resources, including web search, local search services, and video content through its Web site. You understand and agree that "Planet Coach, LLC" may include advertisements. Unless explicitly stated otherwise, any new features or enhancements to "Planet Coach, LLC", including the release of new "Planet Coach, LLC" properties, shall be subject to the TOS. You understand and agree that "Planet Coach, LLC" is provided "AS-IS" and that "Planet Coach, LLC" assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to "Planet Coach, LLC", and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access "Planet Coach, LLC".

Please be aware that "Planet Coach, LLC" has certain areas on "Planet Coach, LLC" that may contain adult or mature content. You must be at least 18 years of age to access and view such areas.

YOUR REGISTRATION OBLIGATIONS
In consideration of your use of "Planet Coach, LLC", you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by "Planet Coach, LLC"'s registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or "Planet Coach, LLC" has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, "Planet Coach, LLC" has the right to suspend or terminate your account and refuse any and all current or future use of "Planet Coach, LLC" (or any portion thereof). You understand that through your use of "Planet Coach, LLC" you consent to the collection and use of the Registration Data, including the transfer of this information for storage, processing and use by "Planet Coach, LLC" and its affiliates.

USER REQUIREMENTS
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated, not "Planet Coach, LLC".

INTERSTATE NATURE OF COMMUNICATIONS ON "Planet Coach, LLC" NETWORK
You acknowledge that in using "Planet Coach, LLC" to search queries, you will be causing communications to be sent through "Planet Coach, LLC"'s computer networks. As a result, and also as a result of "Planet Coach, LLC"'s network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this TOS, you acknowledge that use of "Planet Coach, LLC" results in interstate data transmissions. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

INDEMNITY
You agree to indemnify and hold "Planet Coach, LLC" and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through "Planet Coach, LLC", your use of "Planet Coach, LLC", your connection to "Planet Coach, LLC", your violation of the TOS, or your violation of any rights of another.

RESALE OF "Planet Coach, LLC"
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of "Planet Coach, LLC" (including your "Planet Coach, LLC" ID), use of "Planet Coach, LLC", or access to "Planet Coach, LLC".

GENERAL PRACTICES REGARDING USE AND STORAGE You acknowledge that "Planet Coach, LLC" may establish general practices and limits concerning use of "Planet Coach, LLC" Content, including without limitation the maximum number of days that Content will be retained by "Planet Coach, LLC". You agree that "Planet Coach, LLC" has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by "Planet Coach, LLC".

MODIFICATIONS TO SERVICE
"Planet Coach, LLC" reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, "Planet Coach, LLC" (or any part thereof) with or without notice. You agree that "Planet Coach, LLC" shall not be liable to you or to any third party for any modification, suspension or discontinuance of "Planet Coach, LLC".

TERMINATION
You agree that "Planet Coach, LLC" may and without prior notice, immediately terminate your access to "Planet Coach, LLC". Further, you agree that all terminations shall be made in "Planet Coach, LLC"'s sole discretion and that "Planet Coach, LLC" shall not be liable to you or any third party for any termination of your access to "Planet Coach, LLC"

"Planet Coach, LLC" may provide, or third parties may provide, links to other World Wide Web sites or resources. Because "Planet Coach, LLC" has no control over such sites and resources, you acknowledge and agree that "Planet Coach, LLC" is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources.

"Planet Coach, LLC"'S PROPRIETARY/INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that "Planet Coach, LLC" and any necessary software used in connection with "Planet Coach, LLC" ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through "Planet Coach, LLC" or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by "Planet Coach, LLC" or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on "Planet Coach, LLC" or the Software, in whole or in part.

PRIVACY POLICY
Click here to view the "Planet Coach, LLC" privacy policy.

DISCLAIMER OF WARRANTIES


YOU EXPRESSLY UNDERSTAND AND AGREE THAT
a. YOUR USE OF "Planet Coach, LLC" IS AT YOUR SOLE RISK. "Planet Coach, LLC" IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. "Planet Coach, LLC" AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

b. "Planet Coach, LLC" AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) "Planet Coach, LLC" WILL MEET YOUR REQUIREMENTS; (ii) "Planet Coach, LLC" WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF "Planet Coach, LLC" WILL BE ACCURATE OR RELIABLE; (iv) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE USE OF "Planet Coach, LLC"; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF "Planet Coach, LLC" IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM "Planet Coach, LLC" OR THROUGH OR FROM "Planet Coach, LLC" SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

e. "Planet Coach, LLC" EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH OR ARISING OUT OF CONTENT THAT IS SUBMITTED BY ITS USERS.

LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT "Planet Coach, LLC" AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF "Planet Coach, LLC" HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE "Planet Coach, LLC"; (ii) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE USE OF "Planet Coach, LLC"; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON "Planet Coach, LLC"; OR (v) ANY OTHER MATTER RELATING TO THE USE OF "Planet Coach, LLC". IN ANY EVENT, "Planet Coach, LLC"'S TOTAL AND MAXIMUM LIABILITY TO YOU FOR ANY CLAIM FOR DAMAGES IN CONNECTION WITH THE SUBJECT MATTER OF THIS AGREEMENT SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED $100.

ASSIGNMENT
You agree that the TOS and any rights and licenses granted hereunder, may not be transferred or assigned by you, there shall be no third-party beneficiaries to this agreement.

TRADEMARK INFORMATION
The "Planet Coach, LLC" logo, trademarks and service marks and other "Planet Coach, LLC" logos and product and service names are trademarks of "Planet Coach, LLC" Inc. (the "Planet Coach, LLC Marks"). Without "Planet Coach, LLC"'s prior permission, you agree not to display or use in any manner the "Planet Coach, LLC" Marks.

GENERAL INFORMATION
Entire Agreement. The TOS, and the other agreements contemplated hereby, constitutes the entire agreement between you and "Planet Coach, LLC" and governs your use of "Planet Coach, LLC", superseding any prior agreements between you and "Planet Coach, LLC" with respect to "Planet Coach, LLC".

Choice of Law and Forum. The TOS and the relationship between you and "Planet Coach, LLC" shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions. Any suit or proceeding arising out of or relating to the TOS shall be commenced exclusively in the federal and state courts located in the Commonwealth of Massachusetts and each party irrevocably submits to the jurisdiction and venue of such courts.

Waiver and Severability of Terms. The failure of "Planet Coach, LLC" to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of "Planet Coach, LLC" or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOS are for convenience only and have no legal or contractual effect.