PLEASE CAREFULLY REVIEW THESE TERMS OF USE AS THEY CONSTITUTE AN ONGOING CONTRACT BETWEEN YOU AND AFFORDABLE COACHING LLC

This website (AlisonDunlapCoaching.com) and its associated services are provided to you by Affordable Coaching LLC ("Affordable Coaching"). By using, visiting or browsing the AlisonDunlapCoaching.com, becoming a subscriber of Affordable Coaching’s services or purchasing a product from Affordable Coaching, you agree to be bound by all of the following terms and conditions, whether you read them or not. Affordable Coaching reserves the right, with or without notice, to change these Terms of Use in its sole and absolute discretion. The most current version of these Terms of Use supersedes all previous versions and can be viewed by clicking on the "Terms of Use" link located at www.alisondunlapcoaching.com

BETA TEST WARNING: AlisonDunlapCoaching.com is currently in BETA version and undergoing BETA testing. You understand and agree that AlisonDunlapCoaching.com may contain software bugs, suffer disruptions and not operate as intended or designated. Your use of this website while it undergoes BETA testing signifies your understanding of and agreement to participate in that testing.

About AlisonDunlapCoaching.com and Affordable Coaching Membership

Affordable Coaching supplies subscribers training plans through its website AlisonDunlapCoaching.com.  To become a subscriber and receive training plans the subscriber fills out a questionnaire and agrees to the payment terms.  The subscription is ongoing until canceled by the subscriber or terminated by Affordable Coaching. 

1. Membership: Upon becoming a Affordable Coaching subscriber, subscribers become responsible for paying periodic subscription fees according to the then current billing terms. Subscription fees are non-refundable.
2. Billing: A subscriber will be billed a flat fee, plus any applicable sales tax, once a month. By starting your Affordable Coaching’s membership, you are expressly agreeing that we are authorized to charge you a monthly membership fee and any applicable tax to the Payment Method you provided during registration (or to a different Payment Method if you change your account information by contacting us).  As used in these Terms of Use, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method, including a checking account, where applicable. The membership fee will be billed monthly on the same day of the month which you became a member until you cancel your membership or it is canceled. The membership fee is $59.95/month minus any discounts. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email. If you want to use a different Payment Method or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by contacting us.  If your Payment Method reaches its expiration date, your continued use of the service constitutes your authorization for us to continue billing that Payment Method and you remain responsible for any uncollected amounts.
3. Changes in Membership Plans: A subscriber may change plans at any time, but no more than once a month. No refunds for partial months of use will be credited.
4. Cancellation: Your subscription may be canceled at any time by contacting us. These cancellations take effect immediately, but must be received before the next billing cycle. If received after the beginning of the next billing cycle you will be charged in full for that month.  WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS.  
5. Automatic Renewal: Subscription fees are automatically renewed, and therefore, your credit card or check card will be automatically debited each month unless subscription is properly canceled (see cancellation policy above)
6. Retention of Billing Information: The Subscriber's credit or debit card information will be kept on file. The subscriber agrees to allow the information to be kept in Affordable Coaching’s database. Payments are processed through Authorize.net with 128-bit encryption methods keep the Subscriber's sensitive information safe and no personal or billing information will be shared with any third party, except as when may be required by law (see Cooperation with Authorities and Courts section below).
7. Invitations and Special Offers: Invitations and special offers are available only for first-time Affordable Coaching subscribers, unless otherwise expressly stated in the offer. Each promotion code cannot be combined with any other offer(s). Offers are not transferable and are void where taxed or otherwise prohibited by law. Once redeemed, all promotional offers are final and are not eligible for refund or return.
8. Ongoing Membership: Your Affordable Coaching membership will continue in effect unless and until you cancel your membership (see cancellation policy above) or is terminated by Affordable Coaching. We will bill the monthly membership fee plus any applicable tax to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information by contacting us). Delivery of Programs:  Affordable Coaching will deliver your initial training program within 72 hours after you become a subscriber.  From that point forward plans will be delivered prior to the current one ending, until your membership is canceled or terminated.  All Programs will be delivered electronically via PDF files.  It is the responsibility of the subscriber to have or obtain the knowledge or software to open and read these files.  PDF files can be opened in free programs such as Adobe Reader.
9. Special Code (Discount Code): Any special code or discount code used is only valid for 6 months. After 6 billing cycles, the price will revert to $59.95/month.

Release of Liability, and Indemnity Agreement Regarding Your Health and Safety

1. The risk of injury from the events and activities involved in this training program is significant, INCLUDING, BUT NOT LIMITED TO, SERIOUS RISK AND DANGER FOR PERMANENT INJURY, SERIOUS BODILY INJURY, PERMANENT DISABILITY, PARALYSIS AND DEATH (the “RISKS”), and while particular skills, equipment, experience, and personal discipline may reduce these RISKS, these RISKS do exist, and by signing below, I hereby acknowledge and voluntarily accept these RISKS; and,
2. These RISKS may be caused by my own actions or inactions, the actions or inactions of the RELEASEES named below involved in the training program, or the conditions in which the events and activities take place, including, but not limited to, those conditions and actions known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES named below, I voluntarily ASSUME FULL RESPONSIBILITY for the RISKS described for my participation in this training program; and,
3. I acknowledge and represent that to the best of my knowledge that I am qualified, in good health, and in proper physical condition to participate in such events and activities.  I am currently not aware of any health or physical condition that would prevent me from participation in the events and activities in this training program; and,
4. I willingly agree to comply with the stated and customary terms and condition for participation.  If however, I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of Affordable Coaching immediately; and,
5. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE Affordable Coaching LLC, it officers, officials, agents, employees, and volunteers, and other participants, sponsoring agencies, sponsors, advertisers, and, if applicable, owners and lessors of the premises used for the events or activities, during the training program (each considered one of the “RELEASEES”), FROM ALL LIABLILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE “RELEASEES” WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, PARALYSIS, DEATH, OR LOSS OR DAMAGE TO PERSON OR PROPERY associated with my presence or participation in the events or activities during the training program to the fullest extent permitted by law. I further agree that I will INDEMNITY, SAVE, AND HOLD HARMLESS each RELEASEE from any claim or litigation that may be brought as a result of my participation in the events and activities of the training program, and will pay for all expenses, attorney fees, costs, loss, liability, and damage that may result from such claim or litigation; and,
6. I hereby acknowledge and agree that a signed faxed, scanned copy, or electronic signature(initial block on payment form), of the Release of Liability, and Indemnity Agreement, shall be treated as an original document and signature binding me to the terms and conditions contained in the agreement.  I authorize Affordable Coaching LLC to accept the faxed, scanned copy or electronic signature of the Release of Liability, and Indemnity Agreement as the original document and signature; and,
7. This agreement will be construed and enforced under Colorado law; and,
8. If any dispute or claim should arise with regard to this Release of Liability, and Indemnity Agreement or from the training program, it will be handled through binding arbitration by an arbiter selected by Affordable Coaching LLC through the Judicial Arbiter Group, Inc., in Colorado Springs, Colorado.  The prevailing party shall be entitled to recover all costs of the arbitration, including, but, not limited to arbiter fees, costs of the arbitration, and reasonable attorney fees.
9. If any of the paragraphs are determined to be invalid, it will not invalidate the remaining paragraphs of this Release of Liability, and Indemnity Agreement, and the remaining paragraphs shall survive and be binding. 

I HAVE CAREFULLY READ THIS RELEASE OF LIABILITY AND INDEMNITY AGREEMENT, AND FULLY UNDERSTAND IT’S TERMS, AND UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL LEGAL RIGHT BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE, AND INTEND IT TO BE A COMLETE RELEASE OF ALL LIABILITY IN RETURN FOR BEING ALLOWED TO PARTICIPATE IN THE TRAINING

 

 

DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY

THIS WEBSITE, ITS CONTENTS, AND ANY SOFTWARE, PRODUCTS, AND/OR SERVICES OFFERED OR CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" BASIS AND ON AN "AS AVAILABLE" BASIS. AFFORDABLE COACHING MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS WEBSITE, ITS CONTENTS, OR SUCH SOFTWARE, PRODUCTS AND/OR SERVICES, AND DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ERROR-FREE OR UNINTERRUPTED SERVICE, ACCURACY, AVAILABILITY, RELIABILITY, SECURITY, CURRENCY AND COMPLETENESS ARISING FROM OR RELATING TO THIS WEBSITE, ITS CONTENTS OR ANY LINKS, ANY SOFTWARE, TOOLS, TIPS, PRODUCTS OR SERVICES PROVIDED THROUGH THIS WEBSITE. IN ADDITION, AFFORDABLE COACHING DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS WEBSITE IS ACCURATE, COMPLETE OR CURRENT. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.

IN NO EVENT SHALL AFFORDABLE COACHING, ITS AFFILIATES, AND ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR AGGRAVATED DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND THIRD PARTY CLAIMS) OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH: THIS WEBSITE; ANY MATERIALS, INFORMATION, QUALIFICATIONS AND RECOMMENDATIONS APPEARING ON THIS WEBSITE; ANY SOFTWARE, TOOLS, TIPS, PRODUCTS, OR SERVICES OFFERED THROUGH, CONTAINED IN OR ADVERTISED ON THIS WEBSITE; ANY LINK PROVIDED ON THIS WEBSITE; AND YOUR ACCOUNT AND PASSWORD, WHETHER OR NOT AFFORDABLE COACHING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR RIGHT TO USE THIS WEBSITE.

Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall the aggregate liability to you or any third party for damages, losses, and causes of action exceed the amount paid by you in subscription fees or $100, whichever is lesser. You agree to bring any and all actions within one year from the date of the accrual of the cause of action, and that actions brought after this date will be barred.

AFFORDABLE COACHING AND SUPPLIER INTELLECTUAL PROPERTY

Copyright: All contents included on the Alison Dunlap Coaching website and delivered to you as part of the Affordable Coaching services, including the training programs themselves, are the property of Affordable Coaching, its suppliers, or its advertisers, and are protected by United States and international copyright laws. The compilation of the content on this website is the exclusive property of Affordable Coaching, and protected by U.S. and international copyright laws.

Trademarks: Affordable Coaching, AlisonDunlapCoaching.com, all design logo, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of Affordable Coaching. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

YOUR USE OF THE ALISON DUNLAP COACHING WEBSITE AND/OR SERVICES AND INDEMNIFICATION OF AFFORDABLE COACHING

Limitations on Use

• The Alison Dunlap Coaching website and its content are for your personal, non-commercial use. Affordable Coaching grants you a limited license to access and utilize the Alison Dunlap Coaching website for that purpose only. You may not download, copy, distribute, transmit, display, perform, publish, license, create derivative works from, or offer for sale any Affordable Coaching content without its express written consent.
• Affordable Coaching’s trademarks, service marks and trade dress may not be used in any way (unless that use is a permitted Fair Use under the law of the United States ) without prior written approval from Affordable Coaching.
• You agree to use the Alison Dunlap Coaching website and any associated service in accordance with all applicable laws, rules and regulations.
• Affordable Coaching reserves the right to immediately terminate your limited license to utilize its website as a result of any unauthorized or illegal use, the contents of its website, and/or any associated service should Affordable Coaching become aware of that unauthorized or illegal use. This right to terminate includes, but is not limited to, Affordable Coaching’s right to terminate your membership if it determines subscriber abuse of Affordable Coaching’s policies and procedures.

 

 

Reliance on Information
This Site may include inaccuracies or typographical errors that may be corrected as they are discovered at Affordable Coaching’s sole discretion.

 

Changes to the Site
Changes may be made at any time to the information, names, text, software, images, pictures, logos trade-marks, products and services and any other material displayed on, offered through or contained on this Site.

 

Changes to Terms and Conditions
Affordable Coaching may at any time, and at its sole discretion, modify these Terms and Conditions of Use, including without limitation the Privacy Policy, with or without notice. Such modifications will be effective immediately upon posting. You agree to review these Terms and Condition of Use periodically and your continued use of this Site following such modifications will indicate your acceptance of these modified Terms and Conditions of Use. If you do not agree to any modification of these Terms and Conditions of Use, you must immediately stop using this Site.

 

Cooperation with Authorities and Courts
Affordable Coaching will cooperate with legal authorities and private parties investigating claims of illegal activity. Affordable Coaching’s cooperation may include identification of you and other data relating to the use of the website. If such information is requested, you hereby authorize Affordable Coaching to release any and all information, provided that it uses reasonable efforts to identify and provide you with notice of such request (if permitted by law).

International Use
Accessing materials, contents and services available on the website from territories where such materials, contents and services are illegal is prohibited. If you choose to access the website from such locations, you do so at your own risk, on your own initiative and shall be solely responsible for complying with applicable laws, rules and regulations.

Export Control
Affordable Coaching does not authorize the downloading or exportation of any software or technical data from this website to any jurisdiction prohibited by the United States Export Laws.

Indemnification
You agree to indemnify and hold harmless Affordable Coaching and its directors, officers, employees, agents or other representatives from and against all claims, liability and expenses, including all legal fees and costs arising from or relating to (a) your breach of these Terms of Use; and (b) your use of this website and associated services including transmission or placement of information or material by you on this website. This provision shall survive the termination of your right to use this website and/or your status as an Affordable Coaching subscriber.

Privacy
Any information submitted on the Alison Dunlap Coaching website is subject to our Privacy Policy, the terms of which are incorporated herein at www.alisondunlapcoaching.com, at the bottom under Privacy Policy

Right To Terminate
Affordable Coaching reserves the right to terminate or restrict your use of its website or any services it provides, without notice, for any reason, or no reason whatsoever. However, this does not mean that Affordable Coaching has undertaken an obligation to supervise or police your activity on its website.

Third Party Content
Affordable Coaching distributes content supplied by third parties. Affordable Coaching is not a publisher. Affordable Coaching has no more editorial control over content supplied by third parties than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information expressed or made available by third parties, including third party content providers, advertisers, merchants, sponsors, licensors, or any other user of Affordable Coaching are those of the respective authors or distributors and not of Affordable Coaching or its affiliates, or any of their respective officers, directors, employees or agents. Affordable Coaching does not guarantee the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. It is your sole responsibility to evaluate the information, opinion, advice, and/or any other content available through Affordable Coaching.

Use of Information Submitted
Affordable Coaching may use anything you send or communicate to Affordable Coaching, including questions, comments, information, ideas, concepts, or reviews, without compensation or acknowledgement. By posting any content on the Affordable Coaching website, or otherwise communicating that content to Affordable Coaching, you grant Affordable Coaching a non-exclusive, irrevocable and perpetual license to use that content royalty-free, throughout the universe in any media, software or technology of any kind now existing or to be developed in the future.

Electronic Communications
You consent to receive electronic communications from Affordable Coaching and AlisonDunlapCoaching.com. You agree that any communication, notice, agreement, or disclosure that we send to you electronically satisfies any legal communication requirements, including that such communications be in writing.

Links to Other websites
The Alison Dunlap Coaching website may contain hyperlinks or banner advertisements that navigate a user to another website not controlled by, or affiliated with, Affordable Coaching. In addition, other websites may link to the Alison Dunlap Coaching website. Affordable Coaching has not reviewed these websites and is not responsible in any way for these websites, or any of their content.

No Waiver
A waiver of any term or condition of, or consent granted under, these Terms of Use shall be effective only if given in writing and signed by Affordable Coaching. Such waiver shall only be effective in the instance, and for the purpose for which it is given.

Choice of Law
These Terms of Use are governed by and shall be construed in accordance with Colorado law, without regard to conflicts of laws principles. You agree and hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts in Colorado for the resolution of any disputes arising from these Terms of Use, use of the Alison Dunlap Coaching website, purchase of Affordable Coaching products, and/or use of Affordable Coaching’s services.

Miscellaneous
If any term contained herein is determined to be unlawful, void or unenforceable for any reason, that term will be deemed severable from the whole, and will not affect the validity and enforceability of any remaining provisions, or the agreement as a whole. These Terms of Use and Affordable Coaching’s Privacy Policy (incorporated herein) constitute the entire agreement among or between the parties relating to this subject matter.

NOTICES

Child Online Protection Act
Pursuant to 47 U.S.C. Section 230(d), as amended, Affordable Coaching hereby notifies you that parental control protections (such as computer software, hardware and filtering services) are commercially available for you to purchase. These protections may assist you in limiting access to material that could be harmful to minors. Information about purchasing such protections is available at safesurf.com.

Collection of Children's Information
Affordable Coaching does not knowingly collect any personally identifiable information from children under the age of thirteen. The Alison Dunlap Coaching website and its services are directed to adults, and when a user discloses personal information on this website, the user is representing to us that he or she is at least eighteen years of age.

Kathy S, Pro MTB

Michael R, Beginning MTB

Loreen O, CAT 1 MTB

Sarah M, CAT 1 MTB