PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS, RESPONSIBILITIES, OBLIGATIONS, AND LEGAL REMEDIES INCLUDING LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
THE FOLLOWING TERMS OF SERVICE AND CONDITIONS OF USE (the Agreement) GOVERN YOUR USE OF THE WEBSITE LIFE COACH FINDER(the Site) MADE AVAILABLE BY LifeCoachFinder, an Australian Company, (Life Coach Finder), AND ANY RELATED SERVICES. USE OF THIS WEBSITE REQUIRES CONSIDERATION FOR, AND AS A CONDITION OF ALLOWING YOU TO VIEW OR REGISTER FOR THIS WEBSITE, YOUR HAVING READ AND ACCEPTED THIS AGREEMENT. PLEASE READ THE AGREEMENT CAREFULLY. BY VIEWING, VISITING, USING, REGISTERING, OR INTERACTING WITH THIS WEBSITE, YOU ACCEPT THE TERMS OF THE AGREEMENT WHETHER YOU ARE A VISITOR OR A REGISTERED USER. IF YOU ARE NOT WILLING TO BE BOUND BY ALL THE TERMS YOU MUST DISCONTINUE USE OF THE SITE AND/OR NETWORK. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF ANOTHER PERSON OR A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO ACT FOR AND TO BIND THAT PERSON, COMPANY, OR LEGAL ENTITY TO THESE TERMS AND THAT YOU ARE OVER THE AGE OF EIGHTEEN (18) AND THAT YOU REPRESENT YOURSELF AS BEING OF YOUR TRUE AGE.
1. INTRODUCTION
Welcome to Life Coach Finder, a website dedicated to providing a platform for the promotion and provision of life coaching services.
The Life Coach Finder Site and related services (collectively, the Network) are provided to you on the condition of your acceptance of this Agreement. This Agreement contains terms and conditions that apply to any individual or entity, and any participation or interaction with the Network, whether or not they are a registered user of Life Coach Finder. Additional terms, including any Privacy Policies and other agreements, may apply to registered users including those requirements that govern the eligibility of interested registrants. This Agreement supplements any agreement you may have previously executed with Life Coach Finder, and to the extent that any terms and conditions set forth in this Agreement conflict with those set forth in any prior agreements, this Agreement shall supersede and the conflicting term(s) will have no force or effect.
2. DEFINITIONS
The definitions that follow apply to this Agreement:
Advertiser means a third party who advertises its goods or services on or through the Network.
Agreement means the Terms of Use, Privacy Policy, and any other agreement referred to within and that does not conflict with the terms of this Agreement, all in their current form and as amended by Life Coach Finder.
API means Application Program Interface or applications that retrieve data made available by Life Coach Finder or are specifically authorized by Life Coach Finder to connect with the Network, including, but not limited to, interfaces used with the websites Facebook.com, Google.com, PayPal.com, ShareThis.com, Twitter.com, YouTube.com, and their associated applications and services.
Authorized User means an individual or the partners, members, employees, temporary employees, and contractors of an organization that are eligible, registered, and have been approved to use the Network. Authorized Users are required to provide their real name, address, postal code, a valid email address, and any other information that is requested by the Network.
Client means a user who uses Life Coach Finder to obtain the services of a Coach.
Coach means a Life Coach or any other Coach or person authorized to use Life Coach Finder.
Merchant means a user who uses Life Coach Finder to advertise goods or services to Buyers.
Network means the Life Coach Finder website and/or any related services offered by Life Coach Finder.
User Generated Content shall mean each and every item of content or other material (whether images, links, documents, text, writings, photographs, graphics, videos, greeting cards, or any other files) uploaded by a User through the Service or otherwise integrated into the Service by a User.
You means the individual, company, or legal entity that is registering with Life Coach Finder, including, without limitation, any partners, members, employees, temporary employees, and contractors of the approved individual or company.
3. REGISTRATION AND USE
3.1 Eligibility
Registration and participation on the Network is void where prohibited. By using, interacting, or registering with the Network you agree and warrant that: (a) you are 18 years of age or older; (b) that your use of the Network does not void any applicable law; and (c) you will provide truthful and accurate information at all times.
3.2 Registration
In order to use certain features of the Network you must be an Authorized User. To be an Authorized User, you will need to register for a Network account. Unless granted a waiver by contacting one of Life Coach Finder’s agents, you may only have one account per person or entity. In doing so, you agree that you will provide and maintain complete information about yourself as prompted by the registration process. Information that you may be required to provide includes, but may not be limited to: contact information consisting of legal name, date of birth, postal address, email address, and any other information deemed appropriate by Life Coach Finder.
In providing this information you agree that it is true and accurate and that you, or your username, are not impersonating any person, entity, or company or misrepresents your identity or affiliation with any other person or entity, including using another person’s username, password or other information. This includes any image, name, likeness, voice, photograph, or mark that is the same or confusingly similar to any trademarked name. In addition, you agree that Life Coach Finder may cancel any Network account which uses a username deemed by Life Coach Finder to be unlawful or otherwise objectionable.
3.3 Accepted Use
By becoming an Authorized User you represent that your use of the Network will not violate this Agreement, the rights of any other persons, or any applicable law.
3.4 Terms for Clients and Coaches
3.4.1 Life Coach Finder permits Coaches to advertise and provide their services to Clients through its Network to Clients. You understand and agree that Life Coach Finder is not a party to any agreements formed between Coaches and Clients, and that Life Coach Finder is not liable for any breach of contract, tort, or other disagreement that Clients and Coaches may have with each other.
3.4.2 Life Coach Finder may display feedback ratings for Coaches or Clients. These ratings are a result of feedback provided by the Coach or Client as the case may be, and are not a reflection of Life Coach Finder’s endorsement or criticism of a Coach or Client.
3.4.3 Life Coach Finder’s Network uses APIs to share your data with third parties, such as Facebook. Information sharing may be conducted between the two services to provide you with a better user experience (such as permitting you to promote and “Like” Network-related items through your Facebook or Twitter account), and to permit Life Coach Finder to monitor Network statistics such as visitor traffic.
3.4.4 Life Coach Finder may allow you to publish tips, articles and videos through its Network. You agree that by submitting such content to Life Coach Finder, you are granting a non-exclusive, sub-licensable, perpetual, universal, and irrevocable license to use the content, including on a commercial basis, and not limited to the Network. Life Coach Finder is not obliged to use any submitted content. You must submit only original content, and Life Coach Finder is entitled to edit such content to make it suitable for publication without further consent from or notification to you. Since search engines penalize websites which publish duplicate content, including your own blog, you agree not to publish submitted articles and tips on any other website. This is to provide the best possible experience to online users.
3.4.5 Life Coach Finder offers a directory service and other ways for Coaches to advertise themselves and be contacted by Clients. Life Coach Finder makes no claims about the quality of service, or accuracy of credentials or experience of Coaches in the system. You agree to release Life Coach Finder from any liability relating to finding a Coach through Life Coach Finder.
3.4.6 Life Coach Finder offers a matching service between Clients and Coaches. Life Coach Finder makes no claim as to the appropriateness of the matched Coaches and Clients or the nature or success of the coaching relationship that may or may not ensue. You agree to release Life Coach Finder from any liability relating to the use of such a matching service.
3.4.7 If you are a Client, you may be permitted to purchase products or services from Coaches through the Network. Payments by Clients will be made to Coaches via PayPal. PayPal may decline such transactions and they may fail to be completed for technical, anti-fraud, or other reasons. Life Coach Finder has no control over PayPal’s functionality in this regard and you acknowledge that this is a possibility and release Life Coach Finder from any liability relating to incomplete transactions, whether or not PayPal charges your credit or debit card or bank account. Life Coach Finder advises you to contact PayPal in such cases should you wish to determine whether it is possible to resolve such an issue.
3.5 Terms Specific to Coaches
3.5.1 Coaches may be permitted to sell their products or services through the Network. Payments by Clients will be made to Coaches via PayPal. It is the Coach’s responsibility to ensure that its PayPal account information is kept up to date at all times, and that the PayPal account enables the receipt and transfer of funds from Clients via Life Coach Finder.
3.5.2 PayPal is a separate entity and is not under the control of Life Coach Finder. Under no circumstances shall Life Coach Finder be held liable for errors in payment, including, but not limited to, failures of payments to arrive in the Coach’s PayPal account from Life Coach Finder if initiated properly by Life Coach Finder, freezes on the Coach’s PayPal account, failure of a Coach’s PayPal account to transfer money from the PayPal account to the Coach’s bank account or other financial destination, or any other payment issues which do not fall under Life Coach Finder’s control.
3.5.3 Life Coach Finder may post on its Network additional terms regarding other optional services, such as the ability of Coaches to create events, provide courses, and engage in other activities with their Clients. The method of engaging in these services and the rules for providing them shall be posted on Life Coach Finder
3.5.4 As Life Coach Finder is not a party to any contract between Clients and Coaches, and is not in an employer-employee relationship with Coaches, it is the responsibility of each Coach that they comply with business licensing, tax remission, and any other laws which may apply to them as a Coach in the jurisdiction in which they do business.
3.6 Unauthorized Use
3.6.1 As an Authorized User you agree to notify Life Coach Finder immediately of any unauthorized use or access to your account and will cooperate with Life Coach Finder, at your expense, in any litigation against third parties deemed necessary by Life Coach Finder to protect its proprietary rights.
3.6.2 Life Coach Finder is not responsible for any unauthorized use of your account, including the protection of your password.
3.7 Prohibited Use
Life Coach Finder reserves the right, in its sole discretion, to determine whether anyone or their use of Life Coach Finder has violated this Agreement.
4. TERM AND TERMINATION
4.1 Term
The term of this Agreement, as well as any modifications or revisions of the Agreement by Life Coach Finder, shall commence upon the date of acceptance of this Agreement and shall remain in effect throughout the duration of your registration, participation, or use until terminated.
4.2 Termination
Life Coach Finder may terminate this Agreement immediately and without prior notice in the event of: (1) violation(s) of any provision of this Agreement or any other agreement into which you have entered with Life Coach Finder, as may be amended; (2) use of the Network in a way that Life Coach Finder believes, at its sole discretion, is in an unlawful manner, or in such a way that a reasonable person would believe likely to result in injury or damage to any other person or property; and (3) dissolution or insolvency of any party to this agreement. In the event of termination, you will be notified by Life Coach Finder via email or mail at the last known address listed with Life Coach Finder.
Once terminated, you will immediately cease representing yourself as a registered user or otherwise associated with, or using, visiting, or interacting with the Network. In addition, Life Coach Finder reserves the right to reassign or rename your profile username or any vanity URL created by or provided for you, and you agree that, to the extent any trademark or trade dress lies in such a URL or username, Life Coach Finder has a perpetual and irrevocable right to use such URL or username. After termination, some provisions of this Agreement may remain in effect, including, but not limited to, any provisions on intellectual property, disparagement, warranty, disclaimer, liability, dispute resolution, or other provision as determined by Life Coach Finder.
5. OWNERSHIP AND LICENSES
5.1 Rights
By using or interacting with the Network you agree to provide Life Coach Finder with a limited license for the use of any information or content you provide in the form of articles, tips and videos. Furthermore, you agree that you do not have any right or claim to any intellectual property or derivative work based on these articles, tips or videos within the meaning of the definition set forth in the Copyright Act 1968 or its equivalent in any other intellectual property legislation in an applicable jurisdiction. This only applies to articles, tips and videos submitted for publication on LifeCoachFinder not any other material hosted on the site, or hosted on subdomains of the site.
5.2 Limited License
By posting any articles, tips and videos on, through or in connection with Life Coach Finder, or any interaction with the Network covered by intellectual property rights, you hereby grant to Life Coach Finder non-exclusive license to use, publicly perform, publicly display, reproduce, store, and distribute such content solely on, through or in connection with the Network, for any purpose including, but not limited to, commercial, advertising, or otherwise on, or in connection with the Network, promotion thereof, preparation of derivative works, or incorporation into other works. Life Coach Finder will retain this license indefinitely.

5.3 Infringement Claim
In the event of a claim that your use or participation with the Network, in accordance with the terms of this Agreement, infringes any proprietary right of any third party, Life Coach Finder shall have the option, in its sole discretion, to: (a) if possible obtain the right to continue using the infringing item, (b) replace the infringing item or modify it so that it becomes non-infringing, or (c) terminate your participation and rights granted herein.
In addition, the Digital Millennium Copyright Act (“DMCA”) provides a procedure for copyright owners who believe that their rights have been infringed upon. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our Copyright Agent with the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the web site, with enough detail that we may find it on the web site;
4. Your address, telephone number, and email address;
5. Your statement that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
6. Your statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Life Coach Finder’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
Life Coach Finderc/o DMCA Agent
Kelly/Warner, PLLC
404 S. Mill Ave., Suite C-201
Tempe, Arizona 85281
+1 480-588-0449
5.4 Notice
You shall promptly notify Life Coach Finder in the event of the threat or initiation of any claim, demand, action or proceeding to which any infringement claim set forth above may apply and shall assist Life Coach Finder, at its request, and in your sole expense, in the defense or settlement of the matter.
5.5 Non-liability
Life Coach Finder shall not be liable for any alleged infringement, including that which is based upon modification of any related materials provided by users, or Life Coach Finder or use of the Network in combination with other products or services, even if such claim would have been avoided but for such modification or combination.
6. WARRANTIES
You hereby warrant to Life Coach Finders follows:
6.1.1 All the information provided to Life Coach Finder that is required to register with the Network, and all information provided hereafter, is true, correct, complete, and if applicable, in compliance with the Competition and Consumer Act 2010 or any other consumer protection legislation in any applicable jurisdiction;
6.1.2 You have the full right and capacity to enter into this agreement, and are eligible to do so, as determined by the terms of this Agreement and in Life Coach Finder’s sole discretion;
6.1.3 This Agreement constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms, and you agree not to contest the validity or enforceability of this Agreement under the provisions of applicable law relating to whether certain agreements are to be in writing or signed by the party to be bound thereby;
6.1.4 You will remain in compliance with all relevant ordinances, regulations, orders, licenses, permits, judgments, decisions, local laws, and other requirements of any governmental authority that has jurisdiction over it, whether those laws are now in effect or come into effect during the time of your use or participation in the Network;
6.1.5 You will continue to abide by the terms and standards of eligibility found in Section 3 as if fully set forth herein;
6.1.6 You will not send any unsolicited email, or otherwise violate any provisions of Spam Act 2003, or any other anti-unsolicited e-mail legislation in any applicable jurisdiction;
6.1.7 You will remain in compliance with any applicable policies or rules established by Life Coach Finder;
6.1.8 You will not post any disparaging messages to outside newsgroups, chat rooms, bulletin boards, or Internet forums about Life Coach Finder or any of its users;
6.1.9 You are not, nor are You acting on behalf of any person or entity that is prohibited from engaging in transactions with Australian citizens, residents or entities under applicable Australian law and regulation;
6.1.10 You have the legal right to post any and all content including User Generated Content, copyrighted material, products and/or services that you post on the Network;
6.1.11 You will not attempt to alter, conceal, manipulate, or otherwise render inoperable or ineffective any portion of the Network or User Generated Content, including site tags, source codes, links, pixels, modules or other data provided by or obtained from Life Coach Finder and/or third parties;
6.1.12 You acknowledge and accept that Life Coach Finder does not make any representations, warranties, or any specific or implied promise as to the successful outcome of your use or participation in the Network;
6.1.13 You agree you will not alter any content/materials that has been submitted to the Network for commercial gain, except where authorized by the Network; and
6.1.14 You agree that if any errors or undesirable results occur in connection with recording, calculating, viewing, using, interacting, or otherwise participating with the Network service, due to no fault of Life Coach Finder, that Life Coach Finderwill not be responsible for any associated losses.
7. LIMITATIONS ON LIABILITY AND INDEMNITY
7.1 You agree that we shall not be liable for any damages suffered as a result of using the Services, copying, distributing, or downloading Content from the Site.
7.2 In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.
7.3 We do not endorse the contents of any User Generated Content, and expressly disclaim any and all liability in connection with them. We do not pre-screen or monitor User Generated Content. In no event shall we be liable for any claims by a third party pursuant to the Competition and Consumer Act 2010 including, but not limited, to any misleading statements made and/or incorporated into any User Generated Content created through the Services. It is your sole responsibility to ensure the accuracy of the data inputted and any other User Generated Content.
7.4 We only provide the Site as a platform for discussion and information-sharing for use by all Users. We do not provide professional advice. We are not, and we do not hold ourselves out to be qualified professionals in the subject matter of any Content posted on the Site. The Site and Content are provided to assist you in conducting research and for general information. Any Content that appears on the site is for general use only and is not meant to replace professional advice from qualified professionals. We strongly advise you to seek professional advice in your decision-making process.
7.5 You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Site and Services and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Site and Services.
7.6 Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.
8. THIRD PARTY SITES, SHARING, API, AND LINKED SERVICES
8.1 Third Party Sites
Our Network may contain (or you may be sent through the Network) links to other web sites (Third Party Sites) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the Third Party Applications, Software or Content). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content.
Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Network or relating to any applications you use or install from the Network.
8.2 Sharing, API, and Link Services
We may offer a feature whereby users can connect with the Network via an API, or other authorized application, and/or share with others or post to their member profiles, videos, articles, and other information of other authorized Third Party Sites certain content or information. Information that you provide to Life Coach Finder may be shared with the Third Party Site, and information that you have provided to the Third Party Site may be shared with Life Coach Finder. You agree and acknowledge that your use of this service and all links will fully comply with the user conduct set forth in this Agreement as well as any terms and conditions of use on the site or location where you place the link or content. You agree and acknowledge that in doing so Life Coach Finder cannot control or dictate the actions of the other Third Party Site. Life Coach Finder will not be responsible for any infringement or misuse, and makes no warranties, express or implied, as to the Third Party Sites. You agree to hold Life Coach Finder harmless, indemnify, and defend it, its subsidiaries, and each of their directors, officers, employees, agents, partners, or others for any loss, liability, claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of the share and link service, or for other content that may be shared or posted through such link, or any breach or alleged breach of the foregoing representations and warranties.
8.3 Specific provisions applicable to APIs
Life Coach Finder or an authorized Third Party Site may utilize services via an API to create and enhance user interaction and experience. Use and creation of any API must be in accordance with the terms and conditions of this Agreement, as well as in any separate agreement between Life Coach Finder and the API Developer. The terms applicable in this section, as well as those governing the use of APIs are subject to change without prior notice at any time in Life Coach Finder’s sole discretion. The use or creation of any such API is done at your own risk. Before using any API to connect to the Network you must agree to these terms and conditions as well as the terms and conditions of any other applicable party or developer. The use and access of an API is subject to this Agreement as well as any Privacy Policy or other restrictions as determined by Life Coach Finder. Life Coach Finder will not be responsible for or obligated to provide customer support or maintenance for any APIs other than those developed by Life Coach Finder.
9. INDEMNIFICATION
You agree to fully defend and indemnify (including reasonable attorneys’ fees and costs) actions by third parties arising out of, or related to your use or participation in, the Network, including, but not limited to: (1) your violation of this Agreement; (2) your improper use of the Network; (3) allegations concerning intellectual property infringement; (4) breach of any of your warranties or representations and hold Life Coach Finder, its subsidiaries, Coaches, and each of their respective officers, partners, members, managers, employees, agents and attorneys, harmless from and against any and all claims, threats, allegations, liabilities, costs, taxes, and expenses. Without limiting the foregoing, you agree to not settle any claim without the consent of Life Coach Finder. In addition, you agree to be fully responsible for any and all taxes, and related fees, costs, transaction fees, and penalties incurred by Life Coach Finder and/or any of its third party partners.
10. ASSIGNMENT
You may not sell, assign, or otherwise transfer this Agreement and the rights enumerated through it, without the prior written consent of Life Coach Finder. Any party assigned must be eligible and complete the application process before becoming a respective successor or assignee. Furthermore, before any sale, transfer, or assignment can be finalized, any debt or obligations owed to Life Coach Finder by the party wishing to assign must be satisfied in full. Life Coach Finder may assign any of its rights or duties under this obligation to a third party, and will inform you if such an assignment takes place.
11. DISPUTES, JURISDICTION
Life Coach Finder is located in Australia. Therefore, for greater ease in resolving legal disputes, this Agreement, and any disputes related to it, will be construed and governed by the laws of the State of Victoria, Australia. The parties hereby undertake to use good faith efforts to settle all disputes arising under this Agreement. Failing settlement, all disputes, including without limitation claims of breach of contract, fraud in the inducement and negligence, must be brought within the State of Victoria, Australia, and within one (1) year from the date of occurrence or else such claim shall forever be barred.
12. GENERAL TERMS
12.1 Modification
Your continued use of the Network must be in full accordance with this Agreement and any modifications to it by Life Coach Finder. Life Coach Finder reserves the right to make changes to the Network and the terms and conditions of this Agreement at any time. Your continued use after any such modification shall constitute your consent to such modification. In the event you no longer agree with any modifications, you will immediately cease to be an Authorized User and you must notify Life Coach Finder immediately of this desire, upon which your account, and any such rights thereunder, will be terminated.
12.2 Severability
If any provision of this Agreement shall be held to be invalid, illegal or unenforceable for any reason, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
12.3 Relationship of Parties
Life Coach Finder, and any developers or operators of applications will be and shall act as independent contractors, and no party is authorized to act as or shall be an agent or partner of, or joint venture with, the other party for any purpose, unless otherwise authorized by Life Coach Finderin writing in a separate agreement. Neither party by virtue of this Agreement shall have any right, power, or authority to act or create any obligation, express or implied, on behalf of the other party.
12.4 Notices
Any notices under this agreement shall be in writing and shall be deemed to be delivered when deposited through a form of registered mail, postage prepaid, return receipt requested, or when sent by facsimile transmission promptly confirmed by return transmission. Any notice from Life Coach Finder to you may include all electronic mail to the primary contact email address, which is deemed an acceptable means of notification. All notices by other parties shall be directed to Life Coach Finder at the respective addresses set forth below or to such other address as it may, from time to time, designate by notice to the other party.
12.5 Injunctive Relief
In the event that: (a) you or any of your members or guests attempts or threatens to use, copy, license, or convey the items supplied by, or through, the Network hereunder in a manner contrary to the terms of this Agreement, or (b) either party attempts or threatens to violate its obligations, the aggrieved party shall have, in addition to any other remedies available to it, the right to injunctive relief. Each party hereby acknowledges that other remedies at law are inadequate in the circumstances set forth herein.
12.6 Governing Law
This Agreement, and any and all tort claims that may arise in connection with the Network or Agreement and any related services, will be governed by the substantive laws of the State of Victoria, Australia.
12.7 Force Majeure
We shall be under no liability to you in respect of anything that, if not for this provision, would or might constitute a breach of these Terms, where this arises out of circumstances beyond our control, including but not limited to:
12.7.1 Acts of god; 12.7.2 Natural disasters;
12.7.3 Sabotage;
12.7.4 Accident;
12.7.5 Riot;
12.7.6 Shortage of supplies, equipment, and materials;
12.7.7 Strikes and lockouts;
12.7.8 Civil unrest;
12.7.9 Computer hacking; or
12.7.10 Malicious damage.
12.8 No Waiver
No express or implied waiver by either party of any event of default hereunder shall in any way be, or be construed as, a waiver of any future or subsequent event of default.
12.9 Survival
The respective rights and obligations of the parties shall survive the termination of this Agreement.
12.10 Entire Agreement
The parties acknowledge that this Agreement constitutes the entire agreement between the parties as of the date hereof with respect to the subject matter hereof, and that this Agreement supersedes any and all prior and contemporaneous communications, whether oral or written.
Life Coach Finder reserves the right in its sole discretion to change, modify, add, or remove any part of this Agreement, in whole or in part, at any time and as provided for in section 12.11 of this Agreement. Notification of the changes to this Agreement will be posted on the Site and will be effective immediately, unless expressed otherwise. Amendments to this Agreement will take effect immediately upon being posted on the Site and your continued use of the Site will be deemed as your acceptance thereof.
12.11 Counterparts
This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall be taken together and constitute one and the same instrument.