Terms & Conditions of Use

Last Updated: October 10, 2024 

 

The following Terms and Conditions (the “Terms”) are entered into by and between you and John Neral Coaching, LLC (the “Company,” “we,” or “us”). 

 

These Terms, together with our Privacy Policy and any other documents expressly incorporated herein by reference, govern your use of the website https://www.johnneral.com (“Website”), including all materials, resources, information, and services on the Website, whether as a guest or registered user.  

Your access to and use of the Website is conditioned on your acceptance of and compliance with these Terms.  These Terms apply to all visitors, users, customers, and others who access or use the Website. 

By accessing or using the Website you agree to be bound by these Terms, without modification, and acknowledge reading them.  If you disagree with any part of the Terms, you may not access the Website.  Moreover, we reserve the right to immediately block your access to the Website and remove you from any service or program provided by or through the Company, without refund, if you are determined to have violated these Terms.  All rights not expressly granted in these Terms are reserved.

 

1. PRIVACY POLICY 

 

Your use of the Website is also subject to the Company’s Privacy Policy, available at https://www.johnneral.com/privacy-policy.  Please review our Privacy Policy, which also governs the Website and informs users of our data collection practices. 

 

2. USE OF THE WEBSITE 

 

To access or use the Website, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms.  Children under the age of 18 are prohibited from using the Website.  Information provided on the Website and any resources provided on or available for download from the Website are subject to change.  The Company makes no representation or warranty that the information provided, regardless of its source, is accurate, complete, reliable, current, or error-free.  The Company disclaims all liability for any inaccuracy, error, or incompleteness in the information provided. 

 

The Company reserves the right to withdraw or amend this Website and any service or material provided on the Website in its sole discretion without notice.  The Company will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period.  From time to time, the Company may restrict access to some parts of the Website, or the entire Website, to users, including registered users. 

 

3. LAWFUL PURPOSES 
   

You may use the Website for lawful purposes only.  You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Website.  You agree to use the Website and to purchase services or products through the Website for legitimate, non-commercial purposes only.  You will not post or transmit through the Website any material that violates or infringes the rights of others, or that is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, or that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.  You further agree that you will not interfere or attempt to interfere with the proper functioning of the Website; bypass or attempt to bypass any measures we take to restrict access to any portion of the Website; allow others to use your password or access rights to the Website and its resources, or make use of the Website password or access rights of any third party.  You may not engage in activity that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website.

4. USE OF GATED CONTENT 
   

The Company may make resources on this Website accessible to users in exchange for providing an e-mail address (“Gated Content”).  The Company grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Gated Content for your own personal or internal business use.  You acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Gated Content in any manner without the Company’s express prior written permission.

 

By accessing or downloading the Gated Content, you agree that you may not sell or redistribute it without the express written consent of the Company, nor offer any competing products or services based upon any information contained in the Gated Content. 

 

5. DIGITAL COURSES

 

The Company may make digital courses on this Website accessible to users in exchange for payment (“Digital Courses”). The Company grants you Lifetime Access to a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Digital Courses that you have purchased for your own personal or internal business use.  For purposes of these Terms, “Lifetime Access” means the time from which the Digital Courses are first available until you are notified by us that the Digital Courses are no longer available.  Updates to the Digital Courses may be made available from time to time and you may be entitled to the updated version if you have previously purchased the applicable Digital Courses.  You acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Digital Courses in any manner without the Company’s express prior written permission.

 

By accessing or downloading the Digital Courses, you agree that you may not sell or redistribute them without the express written consent of the Company, nor offer any competing products or services based upon any information contained in the Digital Courses.

 

6. MATERIAL YOU SUBMIT TO THE WEBSITE 
   

By posting, uploading, submitting, inputting, providing, or otherwise making available any artwork, photos, written works, or other media, including feedback and suggestions (collectively, “Submissions”) via the Website, you are granting the Company, our affiliated companies, and any necessary sub-licensees a worldwide, nonexclusive, perpetual, irrevocable, paid-up, sublicensable, transferable license to use your Submissions for promotional, business development, and marketing purposes (and for any other purposes we deem necessary or desirable) – including, without limitation, the right to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submissions. 

We claim no ownership rights over the Submissions you supply to the Company.  You retain copyrights and any other rights you may rightfully hold in any Submissions that you submit through the Website except as set forth in these Terms.  

You will not upload, post, submit, input or otherwise make available on the Website any Submissions protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Submissions are not so protected rests entirely with you.  You will be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a Submission.  

For all Submissions submitted by you to the Website, you automatically represent or warrant that you own or otherwise control all the rights to your Submission described herein, including the authority to use and distribute the Submission, and that the use or display of the Submission as contemplated in this section will not violate any laws, rules, regulations, or rights of third parties. You agree to hold the Company harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you arising from Submissions you submit through the Website. 

All Submissions will be deemed non-confidential.  We are not obliged to pay you any compensation for our use of your Submission, nor make any acknowledgement of its source.  The Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the Company’s sole discretion.  

7. OUR INTELLECTUAL PROPERTY 
   

The Website contains intellectual property owned by the Company, including trademarks, copyrights, proprietary information, and other intellectual property.  We reserve all rights in and to our common law and registered trademarks, service marks, copyrights, and other intellectual property and the rights relating thereto – including, but not limited to, text, graphics, photographs, video, design, and packages, belonging to the Company or to our licensors (“IP”).  You may not modify, publish, transmit, reverse-engineer, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of our IP in whole or in part, without our express prior written permission.  

You are granted a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Website and the resources available for download from the Website (the “Content”) strictly in accordance with these Terms. 

As a condition of your use of the Website, you warrant to the Company that you will not use the Content for any purpose that is unlawful or prohibited by these Terms.  You may not obtain or attempt to obtain any material or information through any means not intentionally made available or provided for through the Website. 

 

All material included as part of the Content, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.  You agree to observe and abide by all copyright and other proprietary notices, legends, and other restrictions contained in any such content and will not make any changes thereto. 

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Content, in whole or in part, without our express prior written permission. 

The Content is not for resale.  Your use of the Content does not entitle you to make any unauthorized use of any protected content, and in particular you agree that you will not delete or alter any proprietary rights or attribution notices in any Content.  You will use protected content solely for your individual use and will make no other use of the Content without the express prior written permission of the Company and any other copyright owner whose work is incorporated into the Content.  You agree that you do not acquire any ownership rights in any protected content except as set forth herein.  We do not grant you any licenses, express or implied, to the IP beyond those set forth in these Terms. 

The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors.  You must not use such marks without the prior written permission of the Company.  All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners. 

8. CHANGED TERMS 

 

We may at any time amend these Terms, including our Privacy Policy.  It is your responsibility to check the Website from time to time, so you are aware of any changes to these Terms.  The date of the last revision will be indicated at the top of this page.  Such amendments are effective immediately upon notice to you by us posting the new Terms on this Website.  However, where required by law, we will notify you of material changes to the Terms or other policies by posting a notice within the Website or sending an e-mail to the e-mail address that we have on file for you.  We reserve the right to update any portion of our Website, including these Terms, at any time.  If you continue to use our Website after we have made revisions, your continued use constitutes consent to the revised Terms, including our Privacy Policy. 

 

9. WARRANTIES  

 

While we make every effort to ensure that the content on this Website is free from errors, we do not give any warranty or other assurance as to the accuracy, completeness, timeliness or fitness for any particular purpose of the content and materials on this site.  To the maximum extent permitted by law, we provide our Website and related information and services on an "AS IS" AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES OF ANY KIND (WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE) – INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. 

 

10. LIMITATION OF LIABILITY 

 

YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE WEBSITE OR RESOURCES, PRODUCTS OR SERVICES AVAILABE THROUGH THE WEBSITE.  

ADDITIONALLY, THE COMPANY IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES.  

 

IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.  IN NO EVENT WILL THE COMPANY’S TOTAL LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF ANY PRODUCTS OR SERVICES YOU HAVE PURCHASED FROM THE COMPANY. 

 

11. AVAILABILITY 

 

Your use of the Website and any associated services may sometimes be subject to interruption or delay.  Due to the nature of the Internet and electronic communications, we and our service providers do not make any warranty that our Website or any associated resources or services will be error-free, without interruption or delay, or free from defects in design.  We will not be liable to you should our Website or the resources or services supplied through our Website become unavailable, interrupted, or delayed for any reason. 

 

12. MALICIOUS CODE 

 

Although we endeavor to prevent the introduction of viruses or other malicious code (“Malicious Code”) to our Website, WE DO NOT GUARANTEE OR WARRANT THAT OUR WEBSITE, OR ANY DATA AVAILABLE ON THE WEBSITE, DO NOT CONTAIN MALICIOUS CODE.  WE WILL NOT BE LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO MALICIOUS CODE.  You are responsible for ensuring that the process you employ for accessing our Website does not expose your computer system to the risk of interference or damage from Malicious Code. 

 

13. SECURITY  

 

The security of your contact information is of utmost importance to us.  However, you acknowledge the risk of unauthorized access to, or alteration of, your data.  We do not accept responsibility or liability of any nature for any losses you may sustain as a result of such unauthorized access or alteration.  All information transmitted to or from you is transmitted at your own risk, and you assume all responsibility and risks arising in relation to your use of this Website and the Internet.  We do not accept responsibility for any interference with or damage to your computer system that may arise in connection with your access of this Website or any outbound hyperlinks. 

 

14. THIRD PARTY RESOURCES 

 

The Website contains links to third-party websites and resources.  You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third-party websites or resources.  Links to such websites or resources do not imply any endorsement by or affiliation with the Company.  You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. 

 

The Company may, from time to time, provide information from a third party in the form of a guest post or interview, in written, audio, video, or other medium.  The Company does not control the information provided by such third-party guests, is not responsible for investigating the truth of any information provided and cannot guarantee the veracity of any statements made by such guests. 

 

15. INDEMNIFICATION 

 

You will indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third-party claims and causes of action – including, without limitation, attorney’s fees – arising out of or relating to your breach of any of these Terms, your violation of any applicable law or regulation, your use of the Website, its content, and any product or service purchased from the Website, or your failure to maintain the confidentiality and/or security of your password or access rights to this Website and its resources.  You will provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary.  You will not settle any third-party claim or waive any defense subject to the indemnification duties and obligations set forth herein without our prior written consent. 

 

16. EFFECT OF HEADINGS; SEVERABILITY 

 

The subject headings of the paragraphs of this Agreement are included for convenience only and will not affect the construction or interpretation of any of its provisions.  All provisions of these Terms are declared to be severable.  If any provision of these Terms is held to be unenforceable or contrary to law, such provision will be construed in accordance with applicable law so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remainder of the provisions will remain in full force and effect. 

 

17. ENTIRE AGREEMENT; WAIVER 

 

These Terms, together with the Privacy Policy and any Coaching Agreement you execute with the Company, constitute the entire agreement between you and the Company pertaining to the Website and supersedes all prior and contemporaneous agreements, representations, and understandings between us.  Any waiver by us of a breach of or right under these Terms will not constitute a waiver of any other or subsequent breach or right.  No waiver will be binding unless executed in writing by the Company. 

 

18. GOVERNING LAW; JURISDICTION; MEDIATION 

 

Any claim or controversy arising out of or relating to these Terms, or any breach thereof, will be resolved exclusively by a state court having jurisdiction in Fairfax County, Virginia, or, optionally, in the Federal District Court for the Eastern District of Virginia – Alexandria Division, where federal jurisdiction

exists. Each party hereby submits to the jurisdiction and venue of such courts.  You agree that all claims instituted by you will be litigated on an individual basis, and will not be consolidated with any claim made by another party.  You agree that any judgments awarded may be applied to and collected from you personally or corporately.  Should you file an action contrary to this paragraph, the defending parties may recover reasonable attorneys’ fees and costs.  Further, if you bring a claim against the Company and do not prevail, and/or if the Company takes action against you as a result of your violation of these terms and conditions and is the prevailing party, you agree that you will reimburse the Company for all reasonable legal fees and costs including reasonable attorney’s fees.  IN NO EVENT WILL ANY PARTY SEEK TO HAVE ANY MATTER ARISING HEREUNDER OR RELATING HERETO TRIED TO A JURY. 

 

19. DIGITAL MILLENIUM COPYRIGHT ACT

 

It is the Company’s policy to respond to clear notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (“DMCA”).  The Company expects that all parties will comply with applicable copyright laws.  However, if the Company receives appropriate notice of claimed copyright infringement, the Company will work to remove or disable access to the material in question and take other appropriate action regardless of whether the Company might be liable for such infringement.

 

If the Company removes or disables access to material in response to an infringement notice, the Company will make a good-faith attempt to contact the party that posted the material at issue so that such party may take its own action under Sections 512(g)(2) and (3) of the DMCA.  The Company may also document any notice of alleged infringement.

 

The Company’s Designated Agent to receive notification of alleged infringement under the DMCA is:

 

John Neral

[ADDRESS]

[email protected]

 

When the Company receives a proper notice of alleged infringement, the Company will take action as outlined in this policy and in the DMCA.  If you believe that your intellectual property rights have been violated in connection with material posted on one of the Company’s websites, please provide the Company’s Designated Agent with the following information, preferably by e-mail:

 

• Identification of the copyrighted material associated with the rights you believe have been infringed;
• Identification of the material on the Company’s website that you believe infringes on your intellectual property rights;
• Your contact information, including an address, telephone number, and email address at which you can be contacted;
• These statements: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”; and “I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”; and
• A signature of the owner or a person authorized to act on behalf of the owner of an intellectual property right that is allegedly infringed.
  

IMPORTANT: you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material is infringing your copyrights.  If you are uncertain about whether material available on the Company’s websites interferes with your intellectual property rights, the Company strongly suggests that you contact an attorney before communicating with the Company.

 

Pursuant to Section 512(i)(1)(a) of the DMCA, the Company will, when necessary, disable and/or delete the accounts of repeat infringers.