William B. Cole Consultants Legal Notices
Terms and Conditions of Use
This page states the Terms and Conditions under
which you may use this Web Site. Please read this page carefully.
If you do not accept the Terms and Conditions stated here, do not
use the Web Site. Bill Cole, MS, MA and William B. Cole Consultants, may revise
these Terms and Conditions at any time by updating this posting.
You should visit this page periodically to review the Terms and
Conditions, because they are binding on you.
We reserve the right to change the terms of this User Agreement
or to modify any features of this Web Site at any time without notice
to you, and you agree to be bound by such changes. Any changes to
this User Agreement shall become a part of this User Agreement and
shall apply as soon as they are posted. The most current version
of the User Agreement can be viewed at any time at: www.MentalGameCoach.com.
Section 1. Use of Material
Bill Cole, MS, MA and William B. Cole Consultants authorize you
to view and download a single copy of the material on this Web Site
(www.mentalgamecoach.com) solely for your personal, noncommercial
use. Special rules may apply to the use of certain software and
other items provided on the Web Site. Any such special rules are
listed as "Legal Policies" on this Web Site and are incorporated
into this Agreement by reference.
The contents of the Web Site, such as text, graphics, images and
other material ("Material") are protected by copyright under both
United States and foreign laws. Unauthorized use of the Material
may violate copyright, trademark, and other laws. You must retain
all copyright and other proprietary notices contained in the original
Material on any copy you make of the Material. You may not sell
or modify the Material or reproduce, display, publicly perform,
distribute, or otherwise use the Material in any way for any public
or commercial purpose, unless otherwise noted. The use of the Material
on any other Web site or in a networked computer environment for
any purpose is prohibited, unless otherwise noted.
Bill Cole, MS, MA and William B. Cole Consultants reserve the right
at any time and from time to time to modify or discontinue, temporarily
or permanently, the Web Site (or any part thereof) with or without
notice. You agree that Bill Cole, MS, MA and William B. Cole Consultants
shall not be liable to you or any third party for any modification,
suspension or discontinuance of the Web Site.
If you violate any of these Terms, your permission to use the Material
automatically terminates and you must immediately destroy any copies
you have made of the Material.
Section 2. Company's Liability
The Material may contain inaccuracies or typographical errors. Bill
Cole, MS, MA and William B. Cole Consultants make no representations
about the accuracy, reliability, completeness, or timeliness of
the Material or about the results to be obtained from using the
Web Site and the Material. The use of the Web Site and the Material
is at your own risk. Changes are periodically made to the Web Site
and may be made at any time.
Bill Cole, MS, MA and William B. Cole Consultants do not warrant
that the Web Site will operate error-free or that this Web Site
and its server are free of computer viruses and other harmful goods.
If your use of the Web Site or the Material results in the need
for servicing or replacing equipment or data, Bill Cole, MS, MA
and William B. Cole Consultants are not responsible for those costs.
Bill Cole, MS, MA and William B. Cole Consultants also assume no
responsibility, and shall not be liable for, any damages to, or
viruses that may infect, your computer equipment or other property
on account of your access to, use of, or browsing in the Web Site
or your downloading of any materials, data, text, images, video,
or audio from the Web Site.
Information on this web site may contain inaccuracies or errors.
Information may be changed or updated without notice. Bill Cole,
MS, MA and William B. Cole Consultants have no obligation to update
information presented on this web site; therefore, information contained
herein may be out of date at any given time. Changes, revisions
or enhancements to products, services or account information described
in this web site may occur at any time without notice.
The Web Site and Material are provided on an "as is" basis without
any warranties of any kind. Bill Cole, MS, MA and William B. Cole Consultants,
and its suppliers, to the fullest extent permitted by law, disclaim
all warranties, including the warranty of merchantability, non-infringement
of third-parties rights, and the warranty of fitness for particular
purpose. Bill Cole, MS, MA and William B. Cole Consultants and its suppliers
make no warranties about the accuracy, reliability, completeness,
or timeliness of the material, services, software, text, graphics,
Bill Cole, MS, MA and William B. Cole Consultants cannot guarantee completion
of any future products or product features mentioned on this Web
Site, and no reliance should be placed on their availability.
Bill Cole, MS, MA and William B. Cole Consultants are not rendering
any legal or professional services by placing information on this
web site. Bill Cole, MS, MA and William B. Cole Consultants assume
no liability or responsibility for any errors or omissions in information
on this site.
Images of people or places displayed on the Site are either the
property of, or used with permission by, Bill Cole, MS, MA and William B. Cole Consultants. The use of these images by you, or anyone else authorized
by you, is prohibited unless specifically permitted by these Terms
and Conditions or specific permission provided elsewhere on the
Site. Any unauthorized use of the images may violate copyright laws,
trademark laws, the laws of privacy and publicity, or communications
regulations and statutes.
No one may systematically retrieve Material from the site to create
or compile, directly or indirectly, a collection, compilation, database,
or directory without written permission from Bill Cole, MS, MA and
William B. Cole Consultants.
Section 3. Disclaimer of Consequential Damages
In no event shall Bill Cole, MS, MA and William B. Cole Consultants, its affiliates,
and their respective members, directors, officers, managers, employees,
shareholders, agents, and licensors, or any third parties mentioned
at this site be liable for any damages whatsoever (including, without
limitation, incidental and consequential damages, lost profits,
or damages, including reasonable attorneys' fees, resulting from
lost data, lost opportunity, or business interruption) resulting
from the use or inability to use the Web Site and the Material,
whether based on warranty, contract, tort, or any other legal theory,
and whether or not Bill Cole, MS, MA and William B. Cole Consultants are advised
of the possibility of such damages. We reserve the right to take
over the exclusive defense of any claim for which we are entitled
to indemnification under this Section. In such event, you shall
provide us with such cooperation as is reasonably requested by us.
In no event does any material provided by or on this web site constitute
legal, financial, psychological, sports, health, nutritional, counseling
or medical advice. Use the information and material provided by
or on this site only with the assistance of competent legal, financial,
psychological, sports, health, nutritional, counseling or medical
Section 4. Links to Other Sites
This Web Site contains links to third party Web sites. These links
are provided solely as a convenience to you and not as an endorsement
by Bill Cole, MS, MA and William B. Cole Consultants of the contents
on such third-party Web sites. Bill Cole, MS, MA and William B.
Cole Consultants are not responsible for the content of linked third-party
sites and does not make any representations regarding the content
or accuracy of materials on such third-party Web sites. If you decide
to access linked third-party Web sites, you do so at your own risk.
Bill Cole, MS, MA and William B. Cole Consultants encourage you
regarding the accuracy, reliability and correctness of material
and information in those sites.
Bill Cole, MS, MA and William B. Cole Consultants have not necessarily
evaluated the third-party products, services, or ideas posted or
promoted on the Web Site, or the statements or claims made about
them, and accepts no responsibility or liability in connection with
them. Before making any purchase, you may want to seek more information
from the marketer of the product, service, or idea, or from third
parties including, but not limited to, a Better Business Bureau,
federal or state regulatory authorities, or independent professionals.
We intend to maintain the integrity of our Web Site, Materials and
Products when they are viewed in a setting created by a third party
that includes advertising or other materials that we have not authorized
to be displayed with our Web Site, Materials and Products. Neither
you nor any third party shall make use of the contents of the Web
Site, Materials and Products in any manner that constitutes an infringement
of our rights, including copyright or that has not been authorized
Section 5. Submissions To William B. Cole Consultants
For any and all submissions of ideas, comments, concepts, suggestions
or critiques for articles, ezines, products, books, downloads, products
or other items via this web site, www.mentalgamecoach.com (including
Ask the Coach and general email), Bill Cole, MS, MA, William B. Cole Consultants
or www.mentalgamecoach.com will not be responsible for lost or damaged
items. Unless otherwise agreed to in writing, any submissions or
ideas become the sole property of Bill Cole, MS, MA and William B. Cole Consultants and you transfer copyright privileges to Bill Cole, MS,
MA without limitation or financial obligation.
By posting communications to the Web Site, you automatically grant
Bill Cole, MS, MA and William B. Cole Consultants, a royalty-free, perpetual,
irrevocable nonexclusive license to use, reproduce, modify, publish,
edit, translate, distribute, perform, and display the communication
alone or as part of other works in any form, media, or technology
whether now known or hereafter developed, and to sublicense such
rights through multiple tiers of sublicensees. Submissions to Ask
the Coach that do not request a confidential answer are considered
to be non-confidential and automatically grant permission to Bill
Cole, MS, MA and William B. Cole Consultants to reproduce, distribute or otherwise
use your submissions in our marketing, promotional, or advertising
Bill Cole, MS, MA and William B. Cole Consultants do not represent
or guarantee the accuracy or reliability of any communications posted
by other Users or endorse any opinions expressed by Users. You acknowledge
that any reliance on material posted by other Users will be at your
Section 6. Limitation of Liability
Unless otherwise expressly provided in a Legal Notice, the aggregate
liability for Bill Cole, MS, MA and William B. Cole Consultants to you for
all claims arising from the use of the Materials is limited to zero
Section 7. Indemnity
You agree to defend, indemnify, and hold harmless Bill Cole, MS,
MA and William B. Cole Consultants and its associates, employees and agents,
from and against any claims, actions or demands, including without
limitation reasonable legal and accounting fees, alleging or resulting
from your use of the Material or your breach of the terms of this
Agreement. Bill Cole, MS, MA and William B. Cole Consultants shall provide
notice to you promptly of any such claim, suit, or proceeding and
shall assist you, at your expense, in defending any such claim,
suit or proceeding.
Section 8. Unsolicited Email (SPAM)
Unsolicited and/or commercial email (SPAM) is not permitted by the
domain mentalgamecoach.com. You must immediately remove the domain
name mentalgamecoach.com from any mailing lists unless we have specifically
requested to be on those lists. SPAM emails sent to mentalgamecoach.com
will be investigated and any emails, which constitute unsolicited/commercial
emails, are recorded automatically and any future mailings may result
in the violator being billed for message transmission and storage
services at a flat rate of $100.00 per message received. Bill Cole,
MS, MA and William B. Cole Consultants reserve the right to prosecute
under any applicable spam laws. Sending unsolicited email communication
to any address containing the domain name, "mentalgamecoach.com,"
constitutes legal notice and acceptance of this policy. This is
the only notice which violators will receive.
Section 9. Personal Information
We do not automatically gather any personal information from you,
such as your name, phone number, or e-mail address. This information
is obtained only if you supply it voluntarily. Contact information
provided to us via e-mail or phone is used to process requests and
send information about our company to our customers. At no time
will we share any of this information with any other person or company.
Section 10. Removal From Our Lists
If you have asked to be added to our mailing list we may contact
you concerning product orders, information you have requested, or
new products, services or upcoming programs and events that may
be of interest to you. If at any time you decide that you no longer
wish to receive additional information from us, please follow the
unsubscribe instructions on the messages you receive from us, or
notify us by e-mail or phone, and your contact information will
be removed from our mailing list.
Section 11. Copyright Notice
Unless otherwise indicated, this Website and its contents are the
property of Bill Cole, MS, MA and William B. Cole Consultants and are protected,
without limitation, pursuant to U.S. and foreign copyright and trademark
Bill Cole, MS, MA holds the exclusive copyrights for all content,
materials, articles, seminars, speaking programs, workshops, articles,
titles, CD's, audio and video clips, downloads and William B. Cole Consultants
logos displayed on this web site, www.mentalgamecoach.com. Unless
otherwise specified, articles, content and products are for personal
and non-commercial use.
You may not copy, distribute, transmit, display, perform, reproduce,
publish, license, create derivative works from, transfer, or sell
any program, software, products, logos, titles names or services
obtained from the Material and/or Products. Unless otherwise specified,
the Material and/or Products, whether in part or in whole, may not
be used or duplicated at a business, non-profit organization, or
educational facility without written consent from Bill Cole, MS,
MA and William B. Cole Consultants.
Section 12. Brand Names
William B. Cole Consultants, mentalgamecoach.com and The Mental Game Coach
are brand names and unregistered trademarks of Bill Cole, MS, MA
and William B. Cole Consultants. Bill Cole, MS, MA and William B. Cole Consultants brand
names may not be used in connection with any product or service
that is not Bill Cole, MS, MA and William B. Cole Consultants in any manner
that is likely to cause confusion among customers, or in any manner
that disparages or discredits this web site.
The absence of a product or service name, slogan, or logo does not
constitute a waiver of Bill Cole, MS, MA and William B. Cole Consultants brandnames,
non-registered trademark or other intellectual property rights concerning
that name, slogan, or logo. All product names in this web site whether
or not appearing in different type or with the trademark symbol
are trademarks of Bill Cole, MS, MA and William B. Cole Consultants.
Section 13. Services and Results
By using the Material and Products of www.mentalgamecoach.com, Bill
Cole, MS, MA and William B. Cole Consultants, you agree that the services and
products provided by www.mentalgamecoach.com, Bill Cole, MS, MA
and William B. Cole Consultants, and the results obtained from the efforts
and recommendations of www.mentalgamecoach.com, Bill Cole, MS, MA
and William B. Cole Consultants, are not guaranteed to improve performance,
income, health, fitness or specific earnings.
Unless otherwise written in our agreement(s), www.mentalgamecoach.com,
Bill Cole, MS, MA and William B. Cole Consultants do not guarantee
that any portion of the Web Site (www. mentalgamecoach.com) or work
which it performs or suggests to be implemented via its articles,
teleclasses, books, videos, newsletters, resources or any other
information will increase performance, income, or specific earnings
as a result of working with www.mentalgamecoach.com, Bill Cole,
MS, MA and William B. Cole Consultants.
By utilizing the Material and Products of www.mentalgamecoach.com,
Bill Cole, MS, MA and William B. Cole Consultants, you acknowledge that your
results will depend on variables and factors outside our control
including, but not limited to: user motivation, user capabilities,
user health and fitness, user compliance with our recommendations
and suggestions, and other factors which neither party has control
Trust forms the core of the coaching
relationship. We respect what you say, and will not repeat your
material to anyone or to any entity. We maintain your privacy in
all communications and we maintain safe and secure written records
of your account. We do not disclose that you are a client if you
do not want that known. If you are under the age of 18, we may speak
with your parents to give them a general idea of what is covered
in sessions for progress reports. We will consult with you and your
parents about how much detail will be shared. We may also speak
with your other coaches, or other people who can help you, for background
information or for coaching collaboration, only with your advance
permission. We will only share the coaching material with them that
you direct us to share. If we see that you are engaging in at-risk,
self-destructive behavior, we may intervene by securing appropriate
assistance for you, starting with your parents, but we will consult
In corporate coaching situations, the coach, the client and the
client company agree at the outset of the coaching process as to
what information will be shared with the company. We may give the
client company updates on how coaching is progressing, but we do
not share the details of what goes on in the coaching sessions.
Section 14. Online Purchases
When making a purchase from www.mentalgamecoach.com you may be asked
to supply certain personal information, including credit card, debit
card, or other payment mechanism information. You agree that all
information you provide in connection with such purchase will be
accurate, complete, and current. You agree to pay all charges incurred
by users of your credit card, debit card, or other payment mechanism
at the prices in effect when such charges are incurred.
All payments will be by VISA, MasterCard, American Express, or by
Electronic Debit. By purchasing products or services using this
Web Site, www.mentalgamecoach.com, you are giving William B. Cole Consultants
the authority to debit your credit card account/bank account for
all fees owing. Any disputed debits will be exclusively dealt with
under the policies and procedures of the particular credit card
Section 15. Payment Policies for Speaking, Training and Coaching
Payment Terms For Speaking and Training Programs: Fees are quoted
in US funds, with checks payable in US funds to William B. Cole Consultants,
with a 50% deposit required in advance, and the balance due at the
end of the speaking date, on site. Special arrangements for a 15-day
net of the final payment may sometimes be made in advance. Accounts
not paid within 15 days of the date of the program completion, or
invoice (whichever is earlier) are subject to a .83% monthly (10%
annual) finance charge. Checks for training and speaking programs
returned by the bank for insufficient funds will be subject to an
interest charge of 10% per annum and will be subject to a collection
fee equal to 15% of the returned check amount. Any additional fees
we are assessed for entering foreign countries, such as work permits,
work visas, surcharges for bringing in or shipping business materials,
products or other program items will be paid for by the meeting
sponsoring client. This surcharge will be invoiced after the program.
Payment Terms For Coaching Programs: Checks returned by the bank
for insufficient funds in the amount of $300.00 or less will be
subject to a $20.00 collection fee and a $20.00 insufficient funds
fee. Returned checks greater than $300.00 will be subject to an
interest charge of 10% per annum and will be subject to a collection
fee equal to 10% of the returned check amount.
Section 16. Governing Law And Jurisdiction
This Web Site is controlled by Bill Cole, MS, MA and William B. Cole Consultants
from its offices in San Jose, California, United States of America.
All matters relating to your access to, or use of, this website
shall be governed by U.S. federal law or the laws of the State of
California. Any legal action or proceeding relating to your access
to, or use of, this website shall be instituted in a state or federal
court in San Jose or Santa Clara County, California.
Section 17. General
This Web Site is based in San Jose, California. Bill Cole, MS, MA
and William B. Cole Consultants make no claims the Materials are
appropriate or may be downloaded outside of the United States. Access
to the Materials may not be legal by certain persons or in certain
countries. If you access the Web Site from outside of the United
States, you do so at your own risk and are responsible for compliance
with the laws of your jurisdiction. If any provision of this Agreement
is found to be invalid by any court having competent jurisdiction,
the invalidity of such provision shall not affect the validity of
the remaining provisions of this Agreement, which shall remain in
full force and effect. No waiver of any term of this Agreement shall
be deemed a further or continuing waiver of such term or other term.
Except as expressly provided in a particular "Legal Policies" or
material on particular Web pages, this Agreement constitutes the
entire Agreement between you and Bill Cole, MS, MA and William B.
Cole Consultants with respect to the use of Web Site. Any changes
to this Agreement must be made in writing, signed by an authorized
representative of Bill Cole, MS, MA and William B. Cole Consultants.
Section 18. Entire Agreement
This Agreement, with all Recitals and all Attachments incorporated
therein by reference, constitutes the entire agreement of the parties
hereto and supersedes all prior representations, proposals, discussions,
and communications, whether oral or in writing.
Section 19. Captions and Headings
The captions and headings of this Agreement are for convenience
and reference only and in no way define, limit, or describe the
scope or intent of this Agreement or any portion thereof, nor affect
it in any way.
If you have any questions about this legal notice,
the practices of this site, or your dealings with this Web site,
19925 Stevens Creek Blvd.
Cupertino, CA 95014-2358