User Agreement Terms of Use

The following terms and conditions (these “Terms of Use”) are entered into between You (“User”) and Coach Kyle Winter. These Terms of Use govern your access to and use of thekylewinter.com, as well as all associated websites that are linked to these Terms of Use by us, including any content, functionality, and services offered on or through such sites (collectively, the “Website”). By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Statement. If you do not agree to the Terms of Use and Privacy Policy, you may not access or use the Website.

Description of Service

Coach Kyle Winter currently provides users access to an extensive amount of resources, including, but not limited to, public forums, health and medical content, and online tools. Coach Kyle Winter assumes no responsibility or liability for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization data or settings. All such risks shall be borne by you.

Change and Access to the Website

Coach Kyle Winter reserves the right to review, improve, amend, or change the Website or the Service at our discretion and without notice. Coach Kyle Winter will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period.

To access some of the resources the Website offers, User may be asked to provide certain registration details and information. Those who register are responsible for the security and confidentiality of their own user ID, password, and other related information. You acknowledge that your account is personal to you and agree not to provide any other person with access to the Website using your information. You agree to notify us of any unauthorized access to the Website or related breach of security.

Usage of Content

The Website and its entire contents, features, and functionality (including, but not limited to, text, graphics, logos, button icons, images, and audio clips, as well as the design, selection, and arrangement thereof) are owned by Coach Kyle Winter, and may not be copied, reproduced, transmitted, displayed, performed, distributed, sublicensed, altered, stored for subsequent use, or otherwise used in whole or in part in any manner without Coach Kyle Winter’s prior written consent, except that the user may make such temporary copies in a single computer’s RAM and hard drive cache as are necessary to browse the website. The contents of the Website are further protected under United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The Terms of Use permit User to use the Website for personal and non-commercial activity only. A user may also make a single copy of a reasonable amount of the content displayed on any page, so long as it is not used for further reproduction, publication, or distribution. Any provided desktop, mobile, or other application for download on the Website may be downloaded a single time solely for your own personal and non-commercial use. Any appropriate use of content available from the Website must not remove any trademarks, copyright, or any other notice contained in such content.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will end immediately and you must, at our discretion, return or destroy any copies of the materials you have reproduced. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Coach Kyle Winter. Any use of the Website not expressly permitted by these Terms of Use is a breach of said Terms of Use and may violate copyright, trademark, or other such laws.

Linking Information

Coach Kyle Winter permits and encourages hyperlinks and text links to material on the Website provided User does so in a way that is fair, legal, and does not damage or take advantage of the reputation of Coach Kyle Winter. The Website may provide certain social media features that enable you to link from your own site to certain resources on the Website, send e-mails or other communications with certain content found on the Website, or allow limited portions of information to be displayed on your own or on certain third-party websites. Any linking must conform with certain practices, including, but not limited to:

  • Any text-only link must clearly be marked, “Coach Kyle Winter.”
  • The appearance, position, and other aspects of either the link or the host website may not be such as to damage or dilute the goodwill associated with the Coach Kyle Winter name and trademarks.
  • The appearance, position, and other aspects of either the link or the host website may not create the false appearance that an entity other than Coach Kyle Winter is associated with or sponsored by Coach Kyle Winter.
  • The link, when a user interacts with it, must display this Website full-screen and not within a “frame” of the linked website.

Coach Kyle Winter reserves, in its sole discretion, the right to revoke its consent for linked material at any time and without notice.

Coach Kyle Winter is not responsible for the information or materials contained on a host site to which the Website is linked. Linking to the Website is intended to be for convenience of reference only and is not intended to be used as an endorsement by Coach Kyle Winter of either the organization or individual hosting the website, nor as a warranty of any type regarding the hosting website or its contents.

Content Standards

User understands that all information, data, text, photographs, graphics, messages, or other materials (“Content”) present on the Website and publicly viewable is the sole responsibility of the person from which such content originated. Coach Kyle Winter does not bear any risk or liabilities for such Content that you personally upload, post, e-mail, transmit, or otherwise affiliate with the Service. Content must, in its entirety, comply with all applicable federal, state, local, and international laws and regulations. You agree that any Content submitted through the Service or on the Website does not:

  • Contain information that infringes on any patent, trademark, trade secret, copyright, or other propriety right of any party.
  • Make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation that may cause annoyance, inconvenience, embarrassment, alarm, or needless anxiety to any other person.
  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Contain any material likely to deceive any person, including giving the false impression that they emanate from or are endorsed by a certain person or entity or an actual impersonation of any person or entity, including, but not limited to, an ACS official, forum leader, guide, or host, or otherwise falsely state or misrepresent your affiliation with a person or entity.
  • Advocate, promote, or assist in any illegal activity or unlawful act.
  • Contain any information regarding candidates for public office, political parties, or elections of office-holders. Involve commercial activities or sales, such as contests, sweepstakes, promotions, or advertising.
  • Contain software viruses or other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment.
  • Disrupt or negatively affects a user’s ability to engage in real time exchanges and interactions with the Website or the Service.
  • Harvest, collect, and/or store personal data about other users.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain material that could give rise to civil or criminal liability under applicable laws and regulations, or that otherwise conflicts with these Terms of Use and our Privacy Policy.

Endorsements

User acknowledges that the opinions and recommendations contained in the Website are not necessarily those of the Coach Kyle Winter or likewise endorsed by Coach Kyle Winter. All statements and opinions expressed in these materials, as well as all articles and responses to questions and other content, save content expressly provided by Coach Kyle Winter, are solely the opinions and the responsibility of the person or entity providing those materials.

The Website may provide links to other sites which are not under the control of Coach Kyle Winter. These links are provided for convenience and reference only and are not intended as an endorsement by Coach Kyle Winter. We are not responsible or liable to you or any other third party for the content, usefulness, or accuracy of any material provided by a third party. Any reliance you place on such information is strictly at your own risk.

Disclaimers

Medical Disclaimer

User acknowledges that the information in the Website is provided “as is” and for general information and entertainment only. It is not intended as medical advice and should not be relied upon as a substitute for professional consultation with a qualified healthcare provider familiar with your individual medical needs.

Limitation of Liability

IN NO EVENT WILL COACH KYLE WINTER, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR VOLUNTEERS BE LIABLE FOR DAMAGES (INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES), OF ANY KIND ARISING OUT OF OR RELATED TO YOUR ACCESS OF, USE OF, OR INABILITY TO ACCESS OR USE, THIS WEBSITE OR OTHER WEBSITES TO WHICH IT LINKS (INCLUDING THIRD-PARTY MATERIALS). THIS INCLUDES, BUT IS NOT LIMITED TO, INFORMATION OR MATERIALS VIEWED OR DOWNLOADED FROM THIS WEBSITE OR ANOTHER LINKED WEBSITE THAT APPEAR TO YOU OR ARE CONSTRUED BY YOU TO BE OBSCENE, OFFENSIVE, DEFAMATORY, OR INFRINGING ON YOUR INTELLECTUAL PROPERTY RIGHTS. IN NO EVENT WILL COACH KYLE WINTER OR THIRD PARTIES THAT CONTRIBUTE INFORMATION TO THE WEBSITE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION OR ACTION TAKEN BY YOU IN RELIANCE OF SUCH INFORMATION, EVEN IF WE HAVE BEEN ADVISED OF OR ARE AWARE OF THE POSSIBILITY OF THESE DAMAGES.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Consent to Electronic Communications

By using the Website or the Service, User agrees to receive electronic communications from us regarding your use of the Website or Service and that any notices, agreements, or other communications that we send to you will satisfy any legal requirements, including that communications must be in writing.

Waiver and Severability

If Coach Kyle Winter does not exercise or enforce any particular right set forth in the Terms of Use, Coach Kyle Winter does not waive that right. If a court finds any provision of the Terms of Use invalid, then you and Coach Kyle Winter agree that the court should attempt to follow the intention of the provision and that all other terms of the Terms of Use will remain in effect.

Last Modified: August 8th, 2024