Terms of Service
This agreement binds you or the company you represent ("You", OR "YOUR") to the terms and conditions set forth herein in connection with your use of COACHTUBE, INC.'s "OUR", "WE", "COMPANY" OR "COACHTUBE") software, service or other offerings on our site (COLLECTIVELY, OUR "PRODUCTS"). By using any of the company products or clicking on the "SIGNUP" button, You agree to become bound bt the Terms and Conditions of this agreement. If you do not agree to all the Trems and Conditions of this agreement, Click on the "CANCEL" button and do not use the company products. Company's acceptance is expressly conditioned upon your assent to all the terms and conditions of this agreement, To the exclustion of all other terms. If these terms and conditions are considered an offer by company, Acceptance is expressly limited to these terms.
The Products enable Users to connect with independent contractor instructors (the "Instructors") who provide live and recorded instruction, tutoring, and learning services in Our proprietary online classrooms (the "Courses"). The Products include, without limitation, facilitating and hosting Courses, the Courses and supporting materials, and taking feedback from Users.
Company reserves the right to revise these Terms in its sole discretion at any time by posting the changes on the Site. Changes become effective thirty (30) days after posting. Your continued use of Products after change become effective shall mean that You accept those changes. You should visit the Site regularly to ensure You are aware of the latest version of the Terms.
The Company may modify the Products or discontinue their availability at any time.
You are solely responsible for all service, telephone, data charges and/or other fees and costs associated with Your access to and use of the Products, as Well as for obtaining and maintaining all telephone, computer hardware, and other equipment required for such access and use.
If You elect to access or use Products that involve payment of a fee, then You agree to pay, and will be responsible for payment of, that fee and all taxes associated with such access or use. If You provide credit card information to pay for such fees then You hereby represent and warrant that You are authorized to supply such information and hereby authorize the Company to charge Your credit card on a regular basis to pay the fees as they are due. Unless otherwise stated, all fees are quoted in U.S. Dollars. If Your payment method fails or Your account is past due, then We may collect fees oWed using other collection mechanisms. This may include charging other payment methods on file with us and/or retaining collection agencies and legal counsel. We may also block Your access to any Products pending resolution of any amounts due by You to Company.
All of Your use, access and other activities relating to the Site and the Products must be in compliance with all applicable laws and regulations, including, without limitations, laws relating to copyright and other intellectual property use, and to privacy and personal identity. In connection with Your use of the Products and Site, You must not provide incorrect or knowingly false information; copy, distribute, modify, reverse engineer, deface, tarnish, mutilate, hack, or interfere with the Products or operation of the Site; frame or embed the Site or Products; impersonate another person or gain unauthorized access to another person's Account; introduce any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Products or operation of the Site; scrape, spider, use a robot or other automated means of any kind to access the Products.
4. General Disclaimer
The Site is only a marketplace for Coaches and Users. We do not hire or employ Coaches or Instructors nor are We responsible or liable for any interactions involved between the Instructors and their respective clients. We are not responsible for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to conduct of Coaches or Users, including, but not limited to, any User's reliance upon any information provided by an Instructor.
We do not control Submitted Content (as defined below) posted on the Site and, as such, do not guarantee in any manner the reliability, validity, accuracy or truthfulness of such Submitted Content. You also understand that by using the Products may expose You to Submitted Content that You consider offensive, indecent, or objectionable. The Company has no responsibility to keep such content from You and no liability for Your access or use of any Submitted Content.
The Site and Products may give You access to links to third-party Websites ("Third Party Sites"), either directly or through Courses or Coaches. The Company does not endorse any of these Third Party Sites and does not control them in any manner. Accordingly, the Company does not assume any liability associated with Third Party Sites. You need to take appropriate steps to determine whether accessing a Third Party Site is appropriate, and to protect Your personal information and privacy on such Third Party Site.
You may only access the Products for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to Your use of the Products. You agree not to use the Products or the Company Content (as defined below) to recruit, solicit, or contact in any form Instructors or potential users for employment or contracting for a business not affiliated with us without Our advance written permission, which may be withheld in Our sole discretion. You assume any and all risks from any meetings or contact betWeen You and any Coaches or other Users of the Products.
6. Specific Obligations of Instructors
If You are instructing Users in connection with a Course You are a "Coach" and the following additional terms and conditions apply, and You represent, warrant and covenant that:
- You are subject to the Company's approval, which We may grant or deny in Our sole discretion;
- You need to visit https://coachtube.com/coach and complete the Instructor enrollment form and if You will charge fees for Your Courses You will also need to agree to the Premium Instructor Pricing terms;
- You will be responsible for all of Your Submitted Content, that You own or have the necessary licenses, rights, consents, and permissions, and have the authority to authorize Company, to reproduce, distribute, publicly perform (including by means of a digital audio transmission), publicly display, communicate to the public, promote, market and otherwise use and exploit any of Your Submitted Content on and through the Products in the manner contemplated by these this Instructor Agreement, and that no Submitted Content shall infringe or misappropriate any intellectual property right of a third party;
- You have the required qualifications, credentials and expertise, including without limitation, education, experience, training, knowledge, and skill sets, to teach and offer the services You offer on and through the Site and the Products;
- You will not post any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, infringing, defamatory or libelous content;
- You will not upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise) through the Products or to Users;
- You will not use the Products for any business other than for providing coaching, teaching and instructional services to Users of the Site;
- You will not engage in any activity that will require Company to obtain any licenses from or pay any royalties to any third party, including, by way of example and not limitation, the payment of royalties for the public performance of any musical works or sound recordings;
- You will not copy, modify or distribute Company Content except as permitted in this Instructor Agreement;
- You will not interfere with or otherwise prevent other Coaches from providing their services or Courses;
- You will maintain Your enrollment and account information, and all such enrollment and account information shall be accurate;
- You shall respond promptly to Users seeking Your services and ensure a quality of service commensurate with the standards of Your industry and instruction services in general;
- You are over the age of 18 or if not a third party parent or legal guardian has agreed to the terms of this Instructor Agreement and will assume responsibility and liability for Your performance and compliance hereunder.
7. Specific Obligations of Users using the Site
If You are a User in search of, or engaging, Instructors, You represent, warrant and covenant that:
- You have read, understood, and agree to be bound by the pricing information (see the Pricing section below) before using the Site or registering for a Course;
- If You are under the age of 18, You have obtained parental or legal guardian consent before using the Site, contacting an Instructor, or registering for a Course.
- You will not upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise) through the Site or the Products;
- You will not post any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, infringing, defamatory or libelous content;
- You will not reproduce, distribute, publicly display, publicly perform, communicate to the public, create derivative works from or otherwise use and exploit any Company Content, the Products or Courses or Submitted Content except as permitted by these Terms or the relevant Coaches as applicable;
- You will not disclose any personal information to a Coach, and otherwise will assume responsibility for controlling how Your personal information is disclosed or used, including, without limitation, taking appropriate steps to protect such information; and
- You will not solicit personal information from any Instructor or other User.
To use certain Products, You will need to register and obtain an account, username and password. When You register, the information You provide to us during the registration process will help us in offering content, customer service, and network management. You are solely responsible for maintaining the confidentiality of Your account, username, and password (collectively, Your "Account") and for all activities associated with or occurring under Your Account. You represent and warrant that Your Account information will be accurate at all times. You must notify us (a) immediately of any unauthorized use of Your Account and any other breach of security, and (b) ensure that You exit from Your Account at the end of each use of the Products. We cannot and will not be responsible for any loss or damage arising from Your failure to comply with the foregoing requirements or as a result of use of Your Account, either with or without Your knowledge, prior to Your notifying us of unauthorized access to Your Account.
You may not transfer Your Account to any other person and You may not use anyone else's Account at any time without the permission of the account holder. In cases where You have authorized or registered another individual, including a minor, to use Your Account, You are fully responsible for (i) the online conduct of such User; (ii) controlling the User's access to and use of the Products; and (iii) the consequences of any misuse.
9. Content, Licenses & Permissions
All software, technology, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, reviews, ideas, and other data or copyrightable materials or content, including the selection and arrangements thereof is "Content." Where the Company provides Content to You in connection with the Products, including, without limitation, the Software and the Products and the Site, it is "Company Content." Content uploaded, transmitted or posted to the Site or through the Products by a User or Coach is "Submitted Content." Content remains the proprietary property of the person or entity supplying it (or their affiliated and/or third party providers and suppliers) and is protected, without limitation, pursuant to U.S. and foreign copyright and other intellectual property laws. You hereby represent and warrant that You have all licenses, rights, consents, and permissions necessary to grant the rights set forth in these Terms to Company with respect to Your Submitted Content and that Company shall not need to obtain any licenses, rights, consents, or permissions from, or make any payments to, any third party for any use or exploitation of Your Submitted Content as authorized in these Terms or have any liability to You or any other party as a result of any use or exploitation of Your Submitted Content as authorized in these Terms.
While you retain any and all rights in any Submitted Content you make available through the Company Products, we need certain rights to the Submitted Content in order to offer the Services. By uploading or otherwise making available any Submitted Content, you hereby grant to CoachTube, solely for the purposes of offering, delivering, marketing, promoting, demonstrating, and selling your Submitted Content (either directly or through third party distributors), and to operate the Services, but not for any other purposes, a non-exclusive, world-wide, transferable license to publicly display, publicly perform, distribute, store, transcode, syndicate, broadcast, communicate to the public, reproduce, edit, modify, create derivative works, and otherwise use and exploit your Submitted Content (or any portion or derivative works thereof) through any and all distribution outlets or channels, whether now known or hereafter created. This license enables us to provide the Services and provide access to the Submitted Content and is not intended to otherwise limit your rights to the Content. Notwithstanding the foregoing, You have the right to remove all or any portion of Your Submitted Content from the Site at any time. Removal of Your Submitted Content will terminate the foregoing license and rights sixty (60) days after such removal as to new uses, provided, however, that any rights given to Users or Coaches prior to that time will continue in accordance with the terms granted to such Users or Coaches.
The Company hereby grants You (as a User) a limited, non-exclusive, non-transferable license to access and use Submitted Content and Company Content, for which You have paid all required fees, solely for Your personal, non-commercial, educational purposes through the Site and the Products, in accordance with these Terms and any conditions or restrictions associated with particular Courses or Products. All other uses are expressly prohibited absent Our express written consent. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, or otherwise transfer or use any Submitted Content or Company Content unless We give You explicit permission to do so. Submitted Content and Company Content is licensed, and not sold, to You. Coaches may not grant You license rights to Submitted Content You access or acquire through the Services and any such direct license shall be null and void and a violation of these Terms
You agree that We may record all or any part of any Courses (including voice chat communications) for quality control and delivering, marketing, promoting, demonstrating or operating the Site and the Products. You hereby grant the Company a permission and release to use Your name, likeness, image or voice in connection with offering, delivering, marketing, promoting, demonstrating, and selling the Site, Products, Courses, Company Content and Submitted Content and waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection therewith.
The company respects all copyright, Privacy, Defamation and other laws relating to content and information and will not tolerate violation of such laws. Notwithstanding the foregoing, The company does not screen the submitted content and all use of the submitted content by you is at your own risk and the company shall have no loability for such use. In particular, No review or posting or appearance of the submitted content on the site or through the products is intended to act as an endorsement or representation that any submitted content is free ofviolation of any copyright, Privacy or other laws or will suit a particular purpose or be accurate or useful. If You believe that Submitted Content of Yours violates any law or regulation or is inaccurate or poses any risk whatsoever to a third party it is Your responsibility to take such steps You deem necessary to correct the situation. If You believe that Submitted Content of a third party or any Company Content violates any laws or regulations, including, without limitation, any copyright laws,
All rights not expressly granted in these Terms are retained by the Content owners and these Terms do not grant any implied licenses.
Pricing for Paid Courses
Unless a Course is made available through the CoachTube Deals Program (as described below), a Course Coach will be solely responsible for determining the fees to be charged for such Course, in accordance with the Coach terms and conditions. If You are a User, You agree to pay the fees for Courses that You take, and hereby authorize Us to charge Your credit card for these amounts. We will charge Your credit card monthly for all amounts owed. If Your credit card is declined, You agree to pay Us the fees within thirty (30) days of notification from Us
CoachTube offers Users a thirty (30)-day, no-questions-asked money back guarantee on Courses. If you, as a User, are unhappy with such a Course and request a refund within thirty (30) days of the date that you paid for access to that Course, we will provide you with a full refund of the amount you paid. To request a refund, please contact us via email@example.com. Please note that if we believe that you are abusing our refund policy in our sole discretion, we reserve the right to suspend or terminate your account and refuse or restrict any and all current or future use of the Company Products, without any liability to you.
You, as a Coach, acknowledge and agree that Users have the right to receive a refund as set forth in this section. Neither Coaches nor Company shall receive any payments, fees or commissions for any transactions for which a refund has been granted. In the event that a User requests a refund for a Course after CoachTube has sent an Instructor payment for that Course, CoachTube reserves the right to either (1) deduct the amount of such refund from the next payment to be sent to that Instructor, or (2) require that Coach to refund any amounts refunded to Users for Coach's Course to the extent no additional payments are due from CoachTube to Coaches or such payments due Instructor are insufficient to cover the amounts refunded to Users.
Stripe Connected Account Agreement
Payment processing services for Course Coach on Site are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to this terms or continuing to operate as a Course Coach on Site, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Site enabling payment processing services through Stripe, you agree to provide Coachtube accurate and complete information about you and your business, and you authorize CoachTube to share it and transaction information related to your use of the payment processing services provided by Stripe.
The trademarks, service marks, and logos (the "Trademarks") used and displayed on the Site, in the Products or in any Company Content are Our registered or unregistered Trademarks or of Our suppliers or third parties and are protected pursuant to U.S. and foreign trademark laws. All rights are reserved and You may not alter or obscure the Trademarks, or link to them without Our prior approval.
11. Warranty Disclaimer
The products, Site, Company content, Submitted content, Courses, any any other materials made on or through the site or the products are provided "AS IS," without any warranties of any kind abd the company hereby disclaims all such warranties express or implied, including, But not limited to, Warranties of merchantability, Fitness for a particular purpose, Non-infringement, Accuracy, Freedom from ettors, Suitability of content, or availability.
12. Limitation of Liability
Neither party shall be liable hereunder under any theory of liability, Including, Without limitation, Contract, Tort or Negligence, for any indirect, Special, Incidental or consequential damages or lost profits. The company's total liability hereunder shall be limited to the amounts paid in connection with the course or products under which such liability arose.
You hereby indemnify, defend and hold harmless the Company, and its affiliates, officers, directors, agents, partners, employees, licensors, representatives and third party providers from and against all losses, expenses, damages, costs, claims and demands, including reasonable attorneys' fees and related costs and expenses, due to or arising out of Your breach of any representation or warranty hereunder. We reserve the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and in such case, You agree to fully cooperate with such defense and in asserting any available defenses.
We may terminate Your use of the Products or Site immediately without notice for any breach by You of these Terms or any of Our applicable policies, as posted on the Site from time to time. We may discontinue offering any Product, Course, or Content at any time (which will terminate Your right to offer these Courses if You are a Coach). You may terminate Your use of the Site or the Products at any time, either by ceasing to access them, or by contacting us at support @coachtube.com (but if You are a Coach then Users enrolled in Your Courses prior to termination shall continue to have access to them for the duration of the Course). We have no obligation to retain any of Your Account or Submitted Content for any period of time beyond what may be required by applicable law. Upon termination, You must cease all use of the Site, Products and Content. Any accrued rights to payment and Sections 4, 5, 10-15 and all representations and warranties shall survive termination.
- Entire Agreement. These Terms and any policies applicable to You posted on the Site constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.
- Severability. If any provision of these Terms is found to be illegal, void or unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of these Terms.
- Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Company to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
- Notice. Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail.
- No Agency. Nothing in these Terms shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither the Company nor any other party to this Agreement shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other except as provided for herein or authorized in writing by the party to be bound.
- These Terms and Your use of the Site and the Products shall be governed by the substantive laws of the State of Texas without reference to its choice or conflicts of law principles.
1. What personal information do we collect from the people that visit our blog, website or app?
When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, credit card information or other details to help you with your experience.
2. When do we collect information?
We collect information from you when you register on our site, place an order or enter information on our site.
3. How do we use your information?
We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
- To personalize user's experience and to allow us to deliver the type of content and product offerings in which you are most interested.
- To improve our website in order to better serve you.
- To allow us to better service you in responding to your customer service requests.
- To administer a contest, promotion, survey or other site feature.
- To quickly process your transactions.
- To send periodic emails regarding your order or other products and services.
4. How do we protect visitor information?
Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.
We use regular Malware Scanning.
Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.
We implement a variety of security measures when a user places an order enters, submits, or accesses their information to maintain the safety of your personal information.
All transactions are processed through a gateway provider and are not stored or processed on our servers.
5. Do we use 'cookies'?
- Understand and save user's preferences for future visits.
- Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third party services that track this information on our behalf.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Internet Explorer) settings. Each browser is a little different, so look at your browser's Help menu to learn the correct way to modify your cookies.
If you disable cookies off, some features will be disabled It won't affect the users experience that make your site experience more efficient and some of our services will not function properly.
However, you can still place orders.
7. Third Party Disclosure
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property, or safety.
However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
8. Third party links
We do not include or offer third party products or services on our website.
Google's advertising requirements can be summed up by Google's Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en
We have not enabled Google AdSense on our site but we may do so in the future.
10. California Online Privacy Protection Act
11. According to CalOPPA we agree to the following:
Users can visit our site anonymously
Users are able to change their personal information:
- By logging in to their account
12. How does our site handle do not track signals?
We honor do not track signals and do not track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.
13. Does our site allow third party behavioral tracking?
It's also important to note that we allow third party behavioral tracking
14. COPPA (Children Online Privacy Protection Act)
When it comes to the collection of personal information from children under 13, the Children's Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, the nation's consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children's privacy and safety online.
We do not specifically market to children under 13.
15. Fair Information Practices
The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.
16. In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:
We will notify the users via email Within 7 business days
We also agree to the individual redress principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or a government agency to investigate and/or prosecute non-compliance by data processors.
17. CAN SPAM Act
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.
18. We collect your email address in order to:
- Send information, respond to inquiries, and/or other requests or questions.
- Process orders and to send information and updates pertaining to orders.
- We may also send you additional information related to your product and/or service.
- Market to our mailing list or continue to send emails to our clients after the original transaction has occurred
19. To be in accordance with CANSPAM we agree to the following:
- NOT use false, or misleading subjects or email addresses
- Identify the message as an advertisement in some reasonable way
- Include the physical address of our business or site headquarters
- Monitor third party email marketing services for compliance, if one is used.
- Honor opt-out/unsubscribe requests quickly
- Allow users to unsubscribe by using the link at the bottom of each email
20. If at any time you would like to unsubscribe from receiving future emails, you can email us at
- Follow the instructions at the bottom of each email. and we will promptly remove you from ALL correspondence.
21. Accessing, Updating, and Deleting Your Personal Data
To request to access, correct, or delete your personal data, please submit these requests by emailing firstname.lastname@example.org or writing to us at CoachTube 612 E 6th St Suite A, Austin, TX 78701. Please allow up to 14 days for a response. For your protection, we may require that the request be sent through the email address associated with your account, and we may need to verify your identity before implementing your request. Please note that we retain certain data where we have a lawful basis to do so, including for mandatory record-keeping and to complete transactions.
22. Contacting Us
Last Edited on 2016-01-04