Terms of Use

DIALECTCOACHES.COM

TERMS AND CONDITIONS OF USE

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

BY USING THIS WEB SITE, YOU AGREE TO THESE TERMS AND CONDITIONS.

 

            Your access to and use of this website ("DialectCoaches.com") is subject to the following terms and conditions of use ("Terms of Use") and all applicable laws. These Terms of Use apply exclusively to your access to, and use of, this website and do not alter in any way the terms or conditions of any other agreement you may have with Dialect Coaches Worldwide, Inc., dba DialectCoaches.com. These Terms of Use may be changed by DialectCoaches.com at any time in its sole discretion by posting the changes made to these Terms of Use, as revised, on this website. The posted changes will take effect immediately upon publication, unless expressly stated otherwise. You agree that your continued use of the DialectCoaches.com website after publication of any and all changes to these Terms of Use shall constitute your acceptance of such Terms of Use.

            If you do not agree to these Terms of Use, our Privacy Policy, or any other policy governing your access to or use of our website, you should immediately terminate your access to and use of the DialectCoaches.com website. If you have any questions regarding these terms or your access to or use of this website, please contact info@dialectcoaches.com.

 

PRIVACY

We respect the privacy of our users and encourage you to read our Privacy Policy so that you may make an informed decision regarding your use of our website.

 

USE BY MINORS

Children under the age of eighteen (18) years old are not eligible to use the DialectCoaches.com website without the consent and supervision of a parent or guardian. We request that minors not submit any personal information to us in an attempt to register, or use the site in any way without the permission and guidance of their parents or guardians as required by State and Federal law. If you attempt to access our site or register without the requisite permission DialectCoaches.com reserves the right to terminate all future access.

 

REGISTRATION OBLIGATIONS

Use of the DialectCoaches.com website is open to all eligible users (performers, coaches, production companies, etc.) as described herein, however certain services and/or sections of the website require registration. You hereby warrant and represent that any personal and/or identifying information provided during registration is true and correct. You may not (i) select or use as a User ID the name of another person with the intent of impersonating that person, (ii) use as a User ID a name subject to any rights of a person or entity other than yourself without the appropriate authorization, or (iii) use as a User ID a name that is otherwise offensive, vulgar or obscene, as defined by DialectCoaches.com and determined in its sole discretion without the requirement of explanation.  DialectCoaches.com reserves the right to refuse and/or cancel the registration of any user based upon its sole discretion and without the need for explanation. You shall be responsible for maintaining the confidentiality of your DialectCoaches.com password and account information. By registering with the site, you represent and warrant that you are at least eighteen (18) years old or have the authorization of a parent or guardian described above.

 

USER CONDUCT

You agree to use DialectCoaches.com only for lawful purposes and in compliance with these Terms of Use. You are prohibited from posting on or transmitting through DialectCoaches.com any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind that infringes the intellectual property rights of or is otherwise injurious to third parties, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.

DialectCoaches.com respects the intellectual property of others, and we ask our registered members to do the same. DialectCoaches.com may, in appropriate circumstances and at its discretion, terminate the accounts of registered members who infringe the intellectual property rights of others.

DialectCoaches.com reserves the right to access the site through a "fake account" and interact with users to ensure compliance with these Terms of Use and any applicable acceptable use standards. This investigative interaction may include attempts to pay for, or offer, coaching services in violation of these Terms of Use.

You are solely responsible for your interactions with other users of the site. DialectCoaches.com reserves the right to monitor disputes between users but is under no obligation to do so.

 

USER CONTENT

You agree that you are solely responsible for the content or information you publish or display (hereinafter, “post”) on DialectCoaches.com. You will not post any defamatory, inaccurate, abusive, obscene, profane, offensive, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy or publicity). You will use DialectCoaches.com in a manner consistent with any and all applicable laws and regulations. By posting information on DialectCoaches.com, you warrant and represent that the information is truthful and accurate.

You will not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights and except as otherwise permitted by law.

By creating and posting content to DialectCoaches.com, you warrant and represent that you own all rights to the content or have acquired the necessary license(s). By submitting, posting, or displaying content on DialectCoaches.com, you give DialectCoaches.com a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any content, which you submit, post, or display on or through, the website. You agree that this license includes a right for DialectCoaches.com to make such content available to other companies, organizations or individuals with whom DialectCoaches.com has relationships. You confirm and warrant to DialectCoaches.com that you have all the rights, powers, and authority necessary to grant the above license.

 

ADDITIONAL COACH CONDUCT

Coaches hereby agree not to deal with any students introduced to them through the DialectCoaches.com website without the knowledge and written permission of DialectCoaches.com.

 

COPYRIGHT

Unless otherwise indicated, all website materials, including, without limitation, the DialectCoaches.com logo, and all designs, text graphics, other files, and the selection and arrangement thereof are the proprietary and copyrighted property of DialectCoaches.com or its licensors. You may electronically copy and print to hard copy portions of this website for the sole purpose of using materials it contains for informational and non-commercial use. Reproduction for purposes other than described above, modification, replication, display or performance – without the prior written permission of DialectCoaches.com is strictly prohibited.

 

TRADEMARKS

DialectCoaches.com, the DialectCoaches.com logo, and any proprietary product or service names contained on this website are either trademarks or registered trademarks of DialectCoaches.com or its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of DialectCoaches.com. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of DialectCoaches.com, and may not be copied, imitated or used, in whole or in part, without the prior written permission of DialectCoaches.com. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.

 

CONTENT REVIEW

DialectCoaches.com may elect to electronically monitor areas of this website and may disclose any content, records, or electronic communications of any kind to satisfy any law, regulation, or government request, if such disclosure is necessary or appropriate to operate this website, or to protect the rights or property of DialectCoaches.com, its independent contractors, service providers, consultants, sponsors, licensors, or the public. DialectCoaches.com retains the right, but not the obligation, to monitor and edit or remove any activity or content that it deems in its sole discretion to be harmful to users, DialectCoaches.com, or the rights of any third party, or to violate any applicable law.

 

COPYRIGHT COMPLAINTS

In accordance with the Digital Millennium Copyright Act of 1998, DialectCoaches.com will respond expeditiously to claims of copyright infringement committed using this website. If you are a copyright owner, or authorized to act on behalf of an owner of the copyright or of any exclusive right under the copyright, please report your notice of infringement by contacting DialectCoaches.com via email to: zjl@wolklevine.com (please include DMCA Infringement Notification Dept. in the subject line). Include in your email the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • the direct link of the image in question (the direct link is found underneath the picture, in the form of a URL;
  • your address, telephone number, and email address;
  • a statement by you 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;
  • a statement by you, 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.

Please note that we may post your notification, with personally identifiable information redacted, to a clearinghouse such as chillingeffects.org. Please also note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.

If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the poster of the affected content. If you feel that your material does not constitute infringement, you may provide DialectCoaches.com with a counter notification by written communication to the attention of "DMCA Counter Notification Dept." at info@dialectcoaches.com that sets forth all the necessary information required by the DMCA. Please not that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommend seeking the advice of an attorney.

 

LINKING TO DIALECTCOACHES.COM

You are hereby granted a limited, non-exclusive right to create a hyperlink to this website provided such link does not portray DialectCoaches.com or any of its products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame, or utilize framing techniques to enclose any DialectCoaches.com trademark, logo, or other proprietary information, including the images found at this website, the content of any text, or the layout/design of any page or form contained on a page without DialectCoaches.com’s express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing a DialectCoaches.com name, trademark, or product name without DialectCoaches.com's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppels, or otherwise in or under any patent, trademark, trademark, copyright, or proprietary right of DialectCoaches.com or any third party. DialectCoaches.com makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of websites linking to this website.

 

INDEMNITY

You will defend, indemnify, and hold harmless DialectCoaches.com, Dialect Coaches Worldwide, Inc., its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of DialectCoaches.com, including, but not limited to, any breach by you of these Terms of Use.

Registered coaches hereby agree to defend, indemnify, and hold harmless DialectCoaches.com, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your interaction with users paying for your services through the DialectCoaches.com website.

While we do not, and cannot, review every post made by users, and are not responsible for the content of these posts, we reserve the right, but are not obligated, to delete or remove profanity, obscenities, threats of physical violence or damage to property, infringing material, and private personal or financial information such as last names, social security numbers and credit card information.

 

DISCLAIMER

THIS WEBSITE AND THE MATERIALS ON THIS WEBSITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. DIALECTCOACHES.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. DIALECTCOACHES.COM DOES NOT REPRESENT OR WARRANT THAT MATERIALS ON THIS WEBSITE, INCLUDING WITHOUT LIMITATION ANY INFORMATION ABOUT DIALECTCOACHES.COM PROVIDED BY THIRD PARTIES, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. DIALECTCOACHES.COM DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

DIALECTCOACHES.COM DOES NOT WARRANT OR GUARANTEE THE SERVICES PROVIDED BY ANY COACH ON THE SITE, WHO CONDUCTS BUSINESS AS AN INDEPENDENT CONTRACTOR WITHOUT THE CONTROL OR DIRECTION OF DIALECTCOACHES.COM, ITS PARENT COMPANY, OR AFFILIATES. DIALECTCOACHES.COM MAY PRESENT REFERENCES, PROVIDED BY COACHES AND NOT CHECKED BY DIALECTCOACHES.COM TO HELP PRODUCTION COMPANY REPRESENTATIVES AND OTHER USERS MAKE INFORMED DECISIONS REGARDING DIALECT COACHING SERVICES, HOWEVER, THESE REFERENCES ARE NOT MEANT TO REPLACE INDEPENDENT INQUIRY INTO THE BACKGROUND AND/OR QUALIFICATIONS OF COACHES AND NOTHING CONTAINED HEREIN OR ON THE DIALECTCOACHES.COM WEBSITE SHALL BE CONSTRUED AS AN ENDORSEMENT OF ANY COACH USING THE SITE, WHICH IS AVAILABLE FOR USE BY ALL COACHES WHO REGISTER AND OPERATE WITHIN THE CONFINES OF THESE TERMS OF USE AND ABSENT ANY CAUSE FOR TERMINATION THROUGH USER COMPLAINT.

 

POSTED CONTENT

Content posted by coaches and users of DialectCoaches.com, including, but not limited to, text, pictures, videos, and links is posted without review by DialectCoaches.com and DialectCoaches.com maintains no responsibility to review such content before it is posted to this website. The DialectCoaches.com website and any and all coach and user-generated content may include material or content that some users may find offensive or inappropriate and DialectCoaches.com makes no representation or warranty of any kind as to the decency or appropriateness of any and all material contained in or access through this website.

 

POSTED LINKS AND EMBEDDED FILES

DialectCoaches.com, coaches, or users, may provide links to webpages and content of third parties ("Third-Party Content") as a service to those interested in this information. DialectCoaches.com does not monitor, nor does it have any control over any Third-Party Content. DialectCoaches.com does not endorse or accept any Third-Party Content and can make no guarantee as to its accuracy or completeness. DialectCoaches.com makes no representations or warranties of any kind regarding such Third-Party Content, or any information contained therein, and undertakes no responsibility to update or review any Third-Party Content. When leaving DialectCoaches.com, you should be aware that DialectCoaches.com’s terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site. Coaches and users use these links and Third-Party Content contained therein at their own risk.

 

LIMITATION OF LIABILITY

IN NO EVENT SHALL DIALECTCOACHES.COM OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THIS WEBSITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM DIALECTCOACHES.COM, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERROR, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OF ANY FAILURE OR PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO DIALECTCOACHES.COM'S RECORDS, PROGRAMS, OR SERVICES.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF DIALECTCOACHES.COM (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF DIALECTCOACHES.COM EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO DIALECTCOACHES.COM FOR ACCESS TO OR USE OF THIS WEBSITE.

 

SEVERABILITY AND NON-WAIVER

If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provision. The failure of DialectCoaches.com to insist upon or enforce strict performance of any of the provisions of these Terms of Use, or to exercise any rights or remedies under these Terms of Use, will not be construed as a waiver or relinquishment to any extent of DialectCoaches.com's right to assert or rely upon any such provisions, rights, or remedies in that or any other instance; rather, the same will be and remain in full force and effect.

 

APPLICABLE LAW

The laws of the State of California will govern and construe these Terms of Use without giving effect to any conflict of laws provision to the contrary. By use of this website, you irrevocably consent for any reason and all disputes with DialectCoaches.com to exclusive jurisdiction of the courts located within the county of Los Angeles, California to resolve any such legal matter. Notwithstanding this, you agree that DialectCoaches.com shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

 

ARBITRATION

Notwithstanding the preceding provision, but without limiting DialectCoaches.com’s right to seek injunctive or other equitable relief in any court of competent jurisdiction, any disputes arising with respect to this agreement shall be referred to an arbitrator affiliated with JAMS. The arbitrator shall be selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with JAMS, who shall jointly select a third arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties. The arbitration proceeding shall be carried on and heard in Los Angeles, California using the English language and pursuant to the rules of JAMS. In any action or proceeding to enforce rights under these Terms or Use, the prevailing party will be entitled to recover costs and attorneys' fees.

 

ASSIGNMENT

This Agreement is not transferable. Any assignment, transfer, or sale of this Agreement or any right to interest herein, without prior written consent shall not be binding upon the parties.

 

NO AGENCY OR JOINT VENTURE

Nothing contained herein shall be construed to create the relationship of employer and employee or to create a partnership or joint venture between DialectCoaches.com and any coach and/or user, and coach and/or user has no power or authority of any kind to bind DialectCoaches.com in any respect whatsoever.

Coaches using the DialectCoaches.com website do so as independent contractors only; DialectCoaches.com provides a venue for coaches to offer their services and does not dictate time or manner of conducting their business other than the regulations contained herein pertaining to community standards for behavior and conduct.

Any claim against a coach for any interaction through, or as a result of your use of, DialectCoaches.com is strictly between you and said coach. 

 

FORCE MAJEURE

DialectCoaches.com will not be liable for any delay in service of its website resulting from any cause beyond its reasonable control or caused by acts of God, acts of civil or military authorities, priorities, fires, strikes, floods, epidemics, governmental rules or regulations, war, riot, delays in transportation or shortages.

 

TERMINATION

Notwithstanding any of these Terms of Use, DialectCoaches.com reserves the right, without notice, and in its sole discretion, to terminate a coach or user's use of this website and to block or prevent future access to and use of this website. If a coach or user wishes to terminate their DialectCoaches.com account, coach or user may simply discontinue using the website.

 

SURVIVAL

All provisions of this Terms of Use, which, by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranties and disclaimers, indemnity, and limitation of liability.

 

MERGER

This Agreement constitutes the entire Agreement between the user and DialectCoaches.com and the coach and DialectCoaches.com concerning the use of this website, and cancels and supersedes any prior understandings and agreements between the parties hereto. There are no representations, warranties, terms, conditions, undertakings or collateral agreements, expressed, implied or statutory, between the parties other than as expressly set forth in this Agreement.

 

QUESTIONS AND CONTACT INFORMATION

General questions or comments about DialectCoaches.com's website may be directed to info@dialectcoaches.com.