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Terms of Use

    Pastor’s Coach Terms of Use

    Last Edited on 2018-05-18

    Please read these terms of use carefully before using this site. By using this site, users declare their acceptance of and undertake to comply with these Terms of Use. If one does not accept these terms, they are requested to refrain from using the site.

    Provisions on the use of Pastor’s Coach’s intellectual property

    This site is owned and managed by Quintessant LLC (hereinafter referred to as “Pastor’s Coach”, “we”, “our”).
    Material on pastorscoach.com or on any other web site that is owned, managed, licensed to or controlled by Quintessant LLC may only be used for the purposes for which it is made available or explicitly intended by Pastor’s Coach.

    This material may not be copied, reproduced, republished, uploaded, mailed, sent or distributed in any other way without our explicit permission.

    It is also prohibited to use the above-mentioned material on any other web site or in any other network environment without our explicit permission.

    The adaptation of this material, or its use for purposes other than those for which it is made available or intended, breaches Pastor’s Coach’s copyright and other proprietary rights. Pastor’s Coach reserves all rights in this respect, and will take legal action if necessary. Users may not use Pastor’s Coach’s name, logos or other material without Pastor’s Coach’s express written consent.

    No software may be downloaded from this site. To the extent necessary, Pastor’s Coach declares that it holds exclusive and full proprietary rights to its software, and that it does not transfer these rights.

    Users of our products and services are fully responsible for the use of all the material that they enter in our system. Pastor’s Coach can in no way be held liable if one or more of its clients and/or users in any way breaches or disrespects copyrights or abuses another party’s rights or protected products (i.e.: without obtaining reproduction rights!), or in general infringes upon legal or contractual provisions or generally accepted standards of due care.
    Pastor’s Coach reserves the right, at all times and without stating reasons, to refuse to supply products and services to users or to remove user’s information from the system (including, but not limited to, cases involving pornographic material, breach of privacy, breach of the deontological code of Esomar or illegal activities).

    The details of a user’s registration are password protected, so that only the user and Pastor’s Coach have access to the user’s personal information and can view, remove, correct or cancel the details of the user’s registration.

    All email addresses that users of our products and/or services use to login, as well as billing email addresses, must be valid and actively used. If not, Pastor’s Coach reserves the right, at all times, to refuse to supply products and services to these users or to remove their information from the system.

    Our free assessment is for testing and evaluation purposes only. Each user has the right to only one free assessment, unless otherwise permitted by Pastor’s Coach.

    Provisions concerning feedback to Pastor’s Coach

    Pastor’s Coach welcomes feedback from its loyal clients, and enjoys receiving users’ comments on Pastor’s Coach products and services. All ideas and suggestions are welcome, and Pastor’s Coach will take them into consideration.

    However, we cannot offer any guarantee that such ideas or suggestions will be implemented. We must request that users are specific in submitting their comments about these products and services, and that they not send us any original source code. We hope our users will understand that the purpose of this request is to prevent future disputes should other people believe that projects developed by Pastor’s Coach’s professional staff resemble their own creative work.

    If users send ideas, annotations, concepts or other information (together referred to as “Information”) despite our request that they not send any source code, the Information will be regarded as Pastor’s Coach’s property. Pastor’s Coach will be the sole owner of all existing and future rights with respect to Information of any sort and nature whatsoever, and will be entitled to unlimited use of the Information for all possible purposes, commercial or otherwise, without owing compensation to the submitter of the Information.

    Pastor’s Coach will not be obliged to keep any of the Information confidential nor will Pastor’s Coach be held liable for the use or disclosure of any of this Information.

    Furthermore, Pastor’s Coach can in no way be held liable if the submitters of the Information in any way breach copyrights, ignore copyrights, abuse another party’s rights or protected products (i.e. without obtaining the reproduction rights!), or infringe upon legal or contractual provisions or generally accepted standards of due care.

    Termination of the agreement

    This agreement remains in force until it is terminated by one of the parties.

    Users may end this agreement at any time by logging on to the Pastor’s Coach Site, using their account name and password, and then going to ‘My Account’ and clicking on ‘Cancel Membership’. The material the user has entered in our system will be marked for deletion and removal.

    Pastor’s Coach may also at any time and without prior notice, terminate this agreement if, in the exclusive judgment of Pastor’s Coach, the user does not fulfill a condition or comply with a stipulation of this agreement.

    This agreement continues to apply to the use of our products and services dating from before the date of termination. Users are obliged to fulfill their obligations toward Pastor’s Coach with regard to them.
    All payments made are non-refundable and all outstanding costs remain payable.

    Warranty disclaimer

    Pastor’s Coach offers no warranty of any kind on the products and services offered on this site, be it explicit, implicit, or regarding their suitability for a particular purpose. Pastor’s Coach does not guarantee that its materials will work continuously or without error, or that this site or the server hosting this site will be free of viruses or other harmful elements. Pastor’s Coach will, however, do its best to correct any errors in the program. Pastor’s Coach has the obligation to perform to the best of its ability to guarantee the workability of its product and corresponding services.

    Furthermore, Pastor’s Coach gives no guarantee of precision, accuracy, reliability or otherwise with respect to (the results of) the use of the services on this site. The user bears all costs for any maintenance, repairs or improvements that may be required.

    Pastor’s Coach incurs no costs in these matters.

    Restriction of liability

    Under no circumstances will Pastor’s Coach’s total liability toward a user (be they parties to this agreement or third parties) involving all cases of damage, loss and legal actions (either as a result of contract law, unlawful act, including but not restricted to negligence) or otherwise, exceed the total invoiced amount (excl. VAT) that was dated and that the user paid to Pastor’s Coach within the last 12 months.

    Pastor’s Coach cannot be held liable for special damage or consequential damage resulting from the use of the services on this site, nor for the inability to use the services on this site.

    User indemnifies Pastor’s Coach for any and all claims by third parties concerning intellectual property rights on material or data provided by or made available by the user, for the performance of the services. User
    also indemnifies Pastor’s Coach for other possible claims by third parties who suffer damages in connection with the performance of the services and which are attributable to the user.

    Please be aware that while visiting our site users can follow links to other sites that are beyond our sphere of influence. Pastor’s Coach is not responsible for the content or operation of these other sites.

    Jurisdiction

    Pastor’s Coach maintains and manages this site from its offices in Redding, California – USA. Software originating from this site is subject exclusively to United States law.

    Pastor’s Coach can in no way guarantee that the materials on its site are available or appropriate for use at other countries. Those choosing to use this site from another country do so at their own risk, and accept responsibility for compliance with local legislation, if, and to the extent, that such is applicable.

    This agreement is drawn up in accordance with, and is subject to, United States law.

    Should a provision of this agreement be regarded as illegal, null and void, or should it for any reason be considered unenforceable, the said provision will be considered separable from this agreement and will not affect the validity and enforceability of the remaining provisions.

    Should a dispute occur between the contracting parties or with a third party, irrespective of the nature or basis of such a dispute, the parties agree that the dispute will be settled according to United States law in a United States law court, specifically the court of Redding and/or California State.

    Pricing

    Eventual price increases will be published on our site and communicated to our customers before they take effect. The customer is then free to decide (as always) if they wish to continue using Pastor’s Coach’s services.

    Payment Terms and Conditions

    All our invoices are payable within 14 days after invoice date. Any deviation of this due date will be explicitly mentioned on the invoice. When an invoice is not paid on time, services and membership access to the content of the website will be restricted and suspended.

    Clients can only pay the invoice in the currency of the invoice and in the following way:

    by online payment via credit card.
    We do NOT accept cheques.

    Subscriptions

    Clients that have chosen for a subscription model will automatically have their subscriptions set to auto-renew. Clients can turn off the auto-renewal by signing in to their accounts or sending an e-mail to [email protected]

    Clients who choose not to renew their subscription will at the end of the subscription period be switched to per month if they are billed by invoice or to per project if they use credits.

    Other

    Each Pastor’s Coach user respects the ICC/Esomar international code.
    This text contains the complete agreement between the parties on the subject specified herein. Pastor’s Coach can alter it at any time on the condition that any and all changes are published on our site at least seven days before taking effect.

    For Further Information
    For further questions regarding these Terms of Use, please contact us by e-mail at: [email protected] by telephone at +1 916-467-9934, or in writing at:

    Pastor’s Coach / Quintessant LLC
    20 Lake Blvd,
    Redding, California 96003
    USA