User terms and conditions for the PCT-Professional Coaching Tools™ Internet/web based, Race Analyzer Server.

The terms and conditions contained herein (the “Agreement”) govern Your access to and use of the Services.

By accepting these terms and conditions you warrant that you enter into, and that you are entitled to enter into, this Agreement on behalf of the legal entity (association, organization) indicated by you on PCT-Professional Coaching Tools™ website www.professionalcoachingtools.com.

Definitions

0.1“Affiliate(s)” means any legal entity which is directly or indirectly controlling, controlled by or under common control with PCT-Professional Coaching Tools™, where “control” shall mean ownership or control, either directly or indirectly, of more than fifty (50) % of the voting rights.

0.2“Authorized User” means persons who are employed or engaged by You and that You have authorized to use the Service on Your behalf.

0.3“PCT-Professional Coaching Tools™” means PCT-Professional Coaching Tools™

0.4“Service(s)” means the service(s) made available by PCT-Professional Coaching Tools™ free of charge via the Internet on www.professionalcoachingtools.com

0.5“You” or “Your” refers to an association/organization involved in swimming activities such as a swim club, swim team that has accepted to abide to and be bound by this Agreement and therefore is granted a license to use the Service.

0.6“Your Data” means data and/or other information that You or Authorized User, or other persons acting on behalf of You or Authorized User, makes available to PCT-Professional Coaching Tools™ and the results of the processing of Your data within the frame of the Service.

0.7“Your Software” means software owned by You or software licensed to You and which is used in the Service.

PCT-Professional Coaching Tools™ Undertakings

0.8PCT-Professional Coaching Tools™ shall provide You access to the Service from the agreed commencement date.

0.9PCT-Professional Coaching Tools™ shall carry out its undertakings under this Agreement in a professional manner.

Your Undertakings

0.10You shall be responsible for and ensure that You have the equipment and software that are required for the performance of the Service.

0.11You are solely responsible for faults, errors and non-conformities in Your Software.

0.12You shall ensure that Your Software (i) is free from viruses, Trojan worms or other harmful software or codes, (ii) is in the agreed format and (iii) cannot, in any other way, harm or adversely affect PCT-Professional Coaching Tools™ system or the Service.

0.13You shall be responsible for and ensure that log-in information, security procedures and other information, to which PCT-Professional Coaching Tools™ has granted You access in order to enable or facilitate Your use of the Service, is treated confidentially. You shall immediately inform PCT-Professional Coaching Tools™ in the event that any unauthorized person has obtained knowledge of the information referred to under this section.

General about the Service

0.14PCT-Professional Coaching Tools™ may, without giving prior notice to You, modify the Service, or change the way the Service is provided, if this can be reasonably supposed not to inconvenience You. PCT-Professional Coaching Tools™ may make other modifications to the Service or the way the Service is provided. Such other modifications shall be effective as of the date indicated by PCT-Professional Coaching Tools™ but not sooner than three months after You have been informed of the modifications. You are then entitled to cancel the Service no later than when the date on which the modification comes into effect. Such cancellation shall become effective as of the date the modification comes into effect, or as of such later date as is specified by You in the notice of cancellation, but not in any case later than three months from when the modification came into effect.

Your Use of the Service

0.15Provided that You pay the applicable fee(s) for the Service, if any, You are granted a non-exclusive right to use the Service, solely (i) within Your organization, (ii) for the purpose(s) for which the Service is intended as described in this Agreement and on PCT-Professional Coaching Tools™ www.professionalcoachingtools.com and (iii) in accordance with the provisions of this Agreement.

0.16You may not copy software that is included in the Service or permit any person or entity other than Authorized Users to use the Service.

0.17You are responsible and liable for Authorized Users use of the Service and shall ensure that Authorized Users respect and comply with the provisions of this Agreement.

Responsibility for Customer’s Data and the Content thereof

0.18PCT-Professional Coaching Tools™ does NOT undertake to perform and is NOT responsible for storage or back-up copying of Your Data.

0.19You are responsible for ensuring that Your Data that are processed within the Service do not infringe the rights of any third parties or conflict with applicable legislation in any other way and You agree to indemnify PCT-Professional Coaching Tools™ and PCT-Professional Coaching Tools™’s Affiliates for any damages, costs and losses suffered by PCT-Professional Coaching Tools™ and/or PCT-Professional Coaching Tools™’s Affilitaes arising out of or related to such infringement or other conflict with applicable legislation.

0.20Your use of the PCT-Professional Coaching Tools™ Raceanalyzer application is not governed by this Agreement but is governed solely by the separate end user license agreement applicable to such application and You may only use the PCT-Professional Coaching Tools™ Raceanalyzer application in accordance with the conditions of such end user license agreement.

Intellectual Property Rights

0.21PCT-Professional Coaching Tools™, and/or its licensors, is the owner of all rights, including without limitation all intellectual property rights, in and to the Service and the software programs it may include and, except as provided in this Agreement, You shall have no rights to the Service or the software programs it includes.

0.22You shall be the sole owner of all rights in and to Your Data. PCT-Professional Coaching Tools™ may use Your Data for the purpose of enabling or facilitating PCT-Professional Coaching Tools™ proper performance of the Service. PCT-Professional Coaching Tools™ may freely use Your Data for any purpose as long as it is used in a form that (i) does not identify You or any individuals or (ii) is traceable back to You as  the origin or owner of the data.

Personal Data

0.23You are responsible for ensuring that the processing of Your Data is made in accordance with applicable legislation. With regard to personal data that are processed within the framework of the Service, You are responsible for the personal data and the processing thereof, and PCT-Professional Coaching Tools™ is an assistant.

Term and Termination

0.24Each party may terminate this Agreement without cause, by giving the other party three (3) months prior written notice.

0.25Your right to use the Service will terminate immediately and automatically without any notice from PCT-Professional Coaching Tools™ if You fail to pay the applicable fee(s) for the Service in due time and/or if You otherwise fail to comply with any of the terms and conditions of this Agreement.

Disclaimer of Warranty

0.26TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE SERVICE IS PROVIDED TO YOU “AS IS” AND PCT-PROFESSIONAL COACHING TOOLS™ MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE OR YOUR USE THEREOF, EITHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, UNINTERRUPTED USE, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. PCT-PROFESSIONAL COACHING TOOLS™ DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE, THAT THE SERVICE MEETS YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT FAULTS AND DEFECTS IN THE SERVICE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PCT-PROFESSIONAL COACHING TOOLS™ OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY; PERFORMANCE AND ACCURACY IS WITH YOU.

Limitation of Liability

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL PCT-PROFESSIONAL COACHING TOOLS™ BE LIABLE TO YOU FOR ANY PERSONAL INJURY OR ANY DIRECT, INDIRICET, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF ANY DATA, LOSS OF PROFITS, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES ARISING OUT OF OR RELATED TO THE SERVICE OR YOUR USE OR INABILITY TO USE THE ASERVICE, WHETHER ARISING IN TORT, CONTRACT OR OTHERWISE AND EVEN IF PCT-PROFESSIONAL COACHING TOOLS™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR DEATH, PERSONAL INJURY OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE AFOREMENTIONED LIMITATIONS MAY NOT APPLY TO YOU. In no event shall PCT-Professional Coaching Tools™’s total liability to you for all damages exceed the amount of fifty dollars (USD 50). The foregoing shall apply even if the above stated remedy fails of its essential purpose.

Communication

Notice of cancellation and/or termination, where such notice is required, and other communications shall be sent by e-mail to the following e-mail addresses.

Notices sent by You to PCT-Professional Coaching Tools™ shall be sent to the e-mail address set out under the contact information on PCT-Professional Coaching Tools™’s website www.professionalcoachingtools.com

Notices sent by PCT-Professional Coaching Tools™ to You shall be sent to the e-mail address indicated by You when You signed up for the Service on PCT-Professional Coaching Tools™ website www.professionalcoachingtools.com or to the e-mail address later communicated by You to PCT-Professional Coaching Tools™ in accordance with this section 13.

Transfer of Agreement

0.27You may not transfer this Agreement or Your right to use the Service to any third party.

0.28PCT-Professional Coaching Tools™ is entitled to transfer this Agreement, in whole or in part, to any of is Affiliates without Your approval.

Applicable Law and Disputes

0.29This Agreement shall be governed by and construed and enforced in accordance with the substantive laws of Sweden without regard to its principles of conflict of laws.

0.30Any dispute, controversy or claim arising out of or in connection with this Agreement, or the breach, termination or invalidity thereof, shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (“the SCC”).

0.31The Rules for Expedited Arbitrations shall apply, unless the SCC, taking into account the complexity of the case, the amount in dispute and other circumstances, determines, in its discretion, that the Arbitration Rules shall apply. In the latter case, the SCC shall also decide whether the arbitral tribunal shall be composed of one or three arbitrators.

0.32The place of arbitration shall be Stockholm, Sweden.

0.33The language(s) to be used in the arbitral proceedings shall be Swedish, unless any of the Parties involved in the proceedings requests that the language to be used shall be English.