Last updated June 20, 2021
ONECUBECOACHING DESIRES TO PROVIDE USEFUL GENERAL INFORMATION FOR OUR COMMUNITY THOUGH ACCESS TO COACHES, NOT PROFESSIONAL MEDICAL ADVICE. ONECUBECOACHING, AND THE INFORMATION PROVIDED BY THE COACHES ON OUR SITE IS NOT INTENDED TO BE UTILIZED FOR MEDICAL PURPOSES OR TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE, AILMENT OR INJURY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE WE ARE NOT PROVIDING MEDICAL ADVICE VIA OUR SITE AND SERVICES. ALL CONTENT PROVIDED THROUGH THE SERVICES, WHETHER PROVIDED BY US OR BY COACHES ON OUR SITE (EVEN IF THEY ARE CLAIMING TO BE A DOCTOR!) IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (A) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, (B) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, OR (C) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE ARE NOT RESPONSIBLE FOR ANY HEALTH PROBLEMS THAT MAY RESULT FROM TRAINING PROGRAMS, DIETARY RECOMMENDATIONS, CONSULTATIONS, PRODUCTS, OR EVENTS YOU LEARN ABOUT THROUGH OUR SERVICES OR THE COACHES YOU FIND HERE. SHOULD YOU HAVE ANY HEALTH RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. IF YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR YOUR LOCAL EMERGENCY SERVICES IMMEDIATELY.
PLEASE READ THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER PROVISIONS IN THE DISPUTE RESOLUTION SECTION OF THESE TERMS. IT AFFECTS HOW DISPUTES ARE RESOLVED. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU UNDERSTAND THIS AGREEMENT, INCLUDING THE DISPUTE RESOLUTION, ARBITRATION PROVISIONS AND CLASS ACTION WAIVER AND ACCEPT ALL OF THE TERMS. YOU MAY NOT USE OR ACCESS OUR PLATFORM IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
ELIGIBILITY TO USE OUR SITE
By using our Site you represent and warrant that you have attained the age of majority where you reside (18 years of age in most jurisdictions) and are otherwise capable of entering into binding contracts including this Agreement. Persons under the age of 18 are not permitted to use or register for the Site or use the Marketplace Offerings.
DESCRIPTION OF OUR SERVICE
OneCubeCoaching is an online marketplace for the coaching industry. We are an independent third-party venue that provides a platform where consumers ("Clients") looking for coaching services can find coaches ("Coaches"), book calls, pay for coaching, and have the coaching call, all on the same platform (collectively our "Services"). The Service includes OneCubeCoaching content, systems, procedures, processes and technologies, and any hardware, software, applications, data, reports, and other content made available by or on behalf of OneCubeCoaching. The Service does not include any software application or service that is provided by you or a third-party, which you use in connection with the Service.
The Coaches can personalize their profile with images, blogs, time availabilities and packages they offer. Coaches can also keep track of their Clients on the platform, take notes about the Client, and stay on top of their performance on the platform.
OneCubeCoaching reserves the right to modify or discontinue the Service or any feature or functionality thereof at any time without notice to you. All rights, title and interest in and to the Service and its components (including all intellectual property rights) will remain with and belong exclusively to OneCubeCoaching.
You may be required to register for an account with the Site in order to access the Marketplace Offerings. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
You may not use the Site or the Marketplace Offerings for any illegal or unauthorized purpose nor may you, in the use of Marketplace Offerings, violate any laws. Postings of any unauthorized products or content may result in immediate termination of your account and a lifetime ban from use of the Site.
We are an independent third-party service provider, offering this Site as a venue and make no representations as to the safety, effectiveness, adequacy, accuracy, availability, prices, ratings, reviews, or legality of any of the information contained on the Site or the Marketplace Offerings displayed or offered through the Site. You understand and agree that the content of the Site does not contain or constitute representations to be reasonably relied upon, and you agree to hold us harmless from any errors, omissions, or misrepresentations contained within the Site’s content. We do not endorse or recommend any Marketplace Offerings and the Site is provided for informational and advertising purposes only.
Marketplace Offerings are created by the Coaches themselves. They are able to create their own coaching resume and portfolio within the Site. The contents range from blogs, photos, to videos of what they do, and what they specialize in. We reserve the right to restrict or remove the Marketplace Offerings offered or available on the Site without notice. All descriptions or pricing of the Marketplace Offerings are subject to change by the Coaches at any time without notice; please always confirm the price of the offering before placing your order. WE DO NOT WARRANT THAT THE QUALITY OF ANY OF THE MARKETPLACE OFFERINGS PURCHASED BY YOU WILL MEET YOUR EXPECTATIONS, OR THAT ANY ERRORS IN THE SITE WILL BE CORRECTED.
We make no representation as to the completeness, accuracy, or currency of any information or Content available on this Site. We attempt to ensure that information on this Service is complete, accurate and current, however, despite our best efforts, the information on our Service may occasionally be inaccurate, incomplete or out of date and OneCubeCoaching disclaims any responsibility or liability for such information. By using the Services, you agree to accept such risks.
The Coaches on our Site are independent contractors and OneCubeCoaching is not a party to any relationship, dealings or contract between Clients and Coaches, including proposals, selection, contracting, and performance of Coach's services. OneCubeCoaching is only a marketplace venue that provides a platform on which users can meet and independently decide whether or not to engage with each other. OneCubeCoaching does not have control over the quality, suitability, reliability, timing, legality, failure to provide, or any other aspect whatsoever of any coaching services provided by Coaches, nor of the integrity, responsibility or any of the actions or omissions of any Coaches or Clients. ONECUBECOACHING MAKES NO REPRESENTATIONS, GUARANTEES OR WARRANTIES WHATSOEVER WITH RESPECT TO SERVICES OFFERED OR PROVIDED BY COACHES THROUGH THE USE OF OUR SERVICES, WHETHER IN PUBLIC, PRIVATE, IN ONLINE OR OFFLINE INTERACTIONS, OR ABOUT THE ACCREDITATION, REGISTRATION OR LICENSING OF ANY COACH.
In furtherance of the above:
We accept the following forms of payment:
You agree to provide current, complete, and accurate purchase and account information for all purchases of the Marketplace Offerings made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. Coaches may change prices at any time. All payments shall be in U.S. dollars.
You agree to pay all charges at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel purchases. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address.
You acknowledge that OneCubeCoaching reserves the right to charge service fees for any portion of our Services. Clients must at all times use the OneCubeCoaching secure payment portal that we provide for you to pay the Coach for their service. OneCubeCoaching will distribute the payment to the Coach. A failure to make your payment though the OneCubeCoaching secure payment portal is a breach of the terms of this agreement and may result in the termination of the Client's and/or the Coach's access to our Services.
1. Payments by Clients to the Coach for their services will be processed by a secure third-party payment processing service that we may make available to you, using the credit card information or other method of payment you have provided to OneCubeCoaching during registration or at the time of hiring a Coach.
2. Each Client authorizes OneCubeCoaching to confirm that the credit card account or other payment method associated with their Account and used in connection with the Services is and remains in good standing with a financial institution as long as the user is using our Services.
3. Each Coach authorizes OneCubeCoaching to direct all payments, after deduction of any OneCubeCoaching platform service fees, to their registered bank account via the authorized payment platform used by OneCubeCoaching.
4. All Coaches, and not OneCubeCoaching, will be liable for any taxes required to be collected on their services and remitted to the appropriate federal, state and local authorities.
Clients and Coaches are prohibited from circumventing OneCubeCoaching for the purpose of engaging one another for Coaching work or services. Clients and Coaches may not contact each other, in any manner whatsoever, with the intent and purpose of avoiding OneCubeCoaching Site Services. Any violation of this non-circumvent term is a material breach of the terms of this Agreement and will result in the immediate termination of one or both users account(s).
1. Each Coach on our platform shall post to their OneCubeCoaching Marketplace profile their own Cancellation, Rescheduling and Refund Policy with its effective date, and the Coach and the Client each agree to abide by the terms of the posted policy. The policy must clearly explain the terms and the process for claiming a refund. The Coach and the Client agree to work together directly, without the assistance of OneCubeCoaching to resolve any dispute. If a Coach fails to respond to a Client’s request for a refund, or if the Parties fail to amicably resolve the request, OneCubeCoaching may, but is not obligated to, assist in resolving the dispute, including reviewing data retained by OneCubeCoaching to confirm each party’s claims, and to take any actions necessary to attempt to reach a mutually satisfactory resolution.
2. OneCubeCoaching is only a marketplace venue that provides a platform on which users can meet and independently decide whether or not to engage with each other. The Coach and the Client acknowledge and agree that OneCubeCoaching is not a party to any contract or agreement between Coaches and Clients. In the event that a Coach and a Client have a dispute with one another including, but not limited to, a claim for a refund, you hereby release OneCubeCoaching and its affiliates, officers, directors, agents, subsidiaries, and employees from any and all claims, demands, or damages of every kind and nature arising out of or in any way connected with such disputes.
OneCubeCoaching does not request or verify any Coach's professional credentials, license, permit or qualifications. Users must determine for themselves whether a Coach is licensed and qualified to perform the Coaching services requested.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site and the Marketplace Offerings and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
By posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, transfer, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or the Marketplace Offerings ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
We respect the intellectual property rights of others. We reserve the right to remove any Content on the Services which allegedly infringe upon another person's copyright, trademark or other intellectual property right, and/or terminate, discontinue, suspend and/or restrict the account or ability to visit and/or use the Services or remove, edit, or disable any Content on the Services which allegedly infringe upon another person's intellectual property rights. We provide this policy pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act ("DMCA").
A valid complaint under the DMCA must provide the following information in writing:
Federal law provides that if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorney's fees.
The above information must be submitted to the Copyright Agent at: email@example.com
If you receive notification that your User Content has been removed from the Services, you have an opportunity to appeal this removal if you believe that your User Content was removed in error. If you believe that the removed User Content does not violate any third-party rights, or you have authorization from the rights-holder or the rights-holder’s authorized agent to use the material in question, you may appeal the removal by sending an email notice to the Copyright Agent at: firstname.lastname@example.org with the following information:
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third-party, even if you may be acting on behalf of the third-party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Marketplace Offerings without notice at any time. We will not be liable to you or any third-party for any modification, price change, suspension, or discontinuance of the Site or the Marketplace Offerings.
PLEASE READ THIS SECTION CAREFULLY. THIS SECTION CONTAINS AN AGREEMENT TO ARBITRATE, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION. THIS SECTION ALSO CONTAINS AN AGREEMENT THAT YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
You and OneCubeCoaching agree that any claim or dispute at law or equity that has arisen, or may arise, between you and OneCubeCoaching (including any claim or dispute between you and a third-party agent of OneCubeCoaching) that relates in any way to or arises out of this or previous versions of this Agreement, your use of or access to the Services, the actions of OneCubeCoaching or its agents, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Dispute Resolution Section.
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Marketplace Offerings, as well as data relating to your use of the Marketplace Offerings. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Marketplace Offerings. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
In order to resolve a complaint regarding the Site or the Marketplace Offerings or to receive further information regarding use of the Site or the Marketplace Offerings, please contact us at:
OneCube Coaching Inc.
26635 Surrey Park Ln, Katy, TX 77494, USA Katy, TX 77494 United States