Coaching Works NYC - Terms of Use
Last updated: August 1, 2025
Coaching Works NYC, LLC (“Coaching Works”, “we,” “our,” or “us”) makes our website www.coachingworksnyc.com and any websites, applications, or products or services related thereto (collectively, the “Site”), available to you (“User”, “you”, or “your”) for your use subject to these Terms of Use (“Agreement”). Please read this Agreement carefully. By using, accessing, posting, downloading, or otherwise benefiting from this Site, you agree to be bound by this Agreement. If you do not agree, do not use or access the Site.
1. REGISTRATION, ACCOUNT, AND COMMUNICATION PREFERENCES
1.1. Eligibility.
You must be at least 18 years old to use this Site. By accessing or using the Site, you confirm you are 18 or older. If you are a parent or legal guardian allowing a minor to use the Site, you agree to this Agreement for yourself and your child.
1.2. Accounts.
Some Site features require an account. If you create one, you agree to:
Provide accurate, up-to-date information.
Keep your login credentials secure.
Be responsible for all activity under your account.
Notify us right away of any security issues.
We may suspend or close your account to prevent or address fraud, abuse, or security concerns.
1.3. Electronic Communications.
By creating an account or using the Site, you consent to receive electronic communications from us (emails, notices on the Site). These may include account updates and legal notices. Electronic notices satisfy any legal “in writing” requirements.
2. ACCESS AND USE OF OUR SITE
2.1. Modification.
We may change, suspend, or discontinue any part of the Site without notice. If you disagree, stop using the Site.
2.2. Removal of Access.
We may suspend or terminate your access at any time for reasons like policy violations, security issues, inactivity, or illegal activity. You further agree that such measures may be taken in our sole discretion and without liability to you or any third party.
2.3. Defects and Availability.
We use commercially reasonable efforts to maintain our Site but are not responsible for defects, failures, or any resulting damages (including lost income or opportunities). The Site may be unavailable due to equipment issues, maintenance, or causes beyond our control. As an Internet-based service, availability and quality may be affected by factors outside our control. The Site is not guaranteed to be error-free or available 100% of the time.
2.4. Restrictions.
You may not:
Sell, copy, or reverse-engineer the Site or make available to any third party any portion of our Site in any way.
Use it for illegal purposes or to harm others.
Introduce viruses or malicious code.
Access another user’s account.
Use bots or scraping tools.
Use our Site or Coaching Works Material (defined below) to develop a competing service or products.
Connect to or access any Coaching Works computer system or network other than our Site.
Impersonate any other person or entity to use or gain access to our Site.
2.5. Enforcement.
We may investigate and take legal action for violations, including working with law enforcement.
3. CONTENT AND DATA ON OUR SITE
3.1. Our Rights in and to Coaching Works Materials.
All content, software, and technology on the Site, including but not limited to AI-powered software tools (such as a virtual clone by Delphi.ai), assessments, templates, worksheets, planning guides, interview prep materials, digital content (videos, webinars, eBooks), branding, and any recordings from events or sessions (collectively, the “Coaching Works Materials”), and intellectual property rights therein, are owned solely by Coaching Works or our licensors. You have no ownership rights. Any third-party software or content included in this Site is licensed subject to the additional terms of the applicable third-party license.
3.2. Grant of License.
We grant you a limited, non-exclusive, non-transferable license to use the Site and the Coaching Works Materials for personal use only, as long as you comply with this Agreement. We may revoke this license anytime for violations.
3.3. User Content.
We may allow you to upload, post, transmit or otherwise share content, data, or information, including personal information such as your name, contact details, and other content through our Site (collectively “User Content”). You retain all rights in, and are solely responsible for, the User Content you post to the Site. All User Content must comply with this Agreement and any policies we make public. To operate, provide and improve the Site, you grant Coaching Works and its partners a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, transferable, and sublicensable license to use, reproduce, modify (including for technical purposes), distribute, display, and perform your User Content, subject to our Privacy Policy.
3.4. User Content Restrictions.
You are responsible for anything you upload or post. Do not share illegal, offensive, objectionable, indecent, or infringing material.
3.5. AI-generated Content
Any content generated by our AI-powered software tools during your use of the Site (“AI Output”) is owned by us, subject to this Agreement. We grant you a limited, non-exclusive, non-transferable license to use the AI Outputs for personal use only, as long as you comply with this Agreement. You are responsible for ensuring that your use of AI Outputs complies with all applicable laws and does not infringe the rights of any third party.
AI Outputs may be inaccurate, incomplete, misleading, or offensive. We make no guarantees regarding the accuracy, reliability, or appropriateness of any AI Output. AI Outputs do not constitute professional advice (including legal, medical, financial, or psychological advice), and you should not rely on them as such.
Although we implement safeguards, we do not guarantee that AI Outputs will always comply with our content guidelines or avoid harmful or offensive material. We do not monitor or review all AI Outputs before delivery. You may encounter content you find objectionable, and you assume all associated risks.
You are solely responsible for reviewing, evaluating, and using any AI Output. Any actions or decisions based on AI Outputs are at your own risk. We are not liable for any loss, damage, or claims arising from your reliance on AI Outputs.
You may not use AI Outputs for unlawful purposes, to infringe third-party rights, or to create harmful, offensive, or misleading material.
3.6. Feedback.
If you send us ideas or feedback (“Feedback”), your Feedback will become our property upon your submission to us. By submitting your Feedback to us, you agree to assign, and hereby irrevocably assign to us, all right, title, and interest in and to the Feedback and all copyrights and other intellectual property rights embodied in such Feedback on a worldwide basis. We will be free to use, copy, distribute, publish, and modify your Feedback on an unrestricted basis, without compensation to you. Moreover, you hereby assign or waive, as the case may be, any moral rights that you may have in or to the Feedback.
3.7. Third-Party Materials.
Our Site may include links to other websites or resources on the Internet, or utilize content of third parties (collectively, “Third-Party Materials”), We will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, in connection with, or resulting from your use of or reliance on any such Third-Party Materials available on or through any such website or resource.
4. REPRESENTATIONS
4.1. Your Promise.
You represent and warrant:
You are at least 18 years old and have the authority to enter into and perform this Agreement.
All information you provide to us is truthful, accurate, and complete.
You will comply with this Agreement and any other applicable agreements related to your use of the Site, your User Content, or your Feedback.
You have provided and will maintain accurate and complete information with us, including your legal name, email address, and any other information we reasonably require.
Your access to and use of the Site will not violate any agreement, law, or regulation to which you are subject.
You will not use the Site to gain competitive intelligence about us or our services or to compete with us.
5. DISCLAIMERS OF WARRANTY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” AT YOUR SOLE RISK. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SITE OR CONTENT (INCLUDING AI OUTPUTS) WILL MEET YOUR REQUIREMENTS, BE ACCURATE, RELIABLE, UNINTERRUPTED, SECURE, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE IS VIRUS-FREE. AI CONTENT MAY BE INACCURATE OR MISLEADING AND DOES NOT CONSTITUTE PROFESSIONAL ADVICE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION AND FOR ALL ACTIONS BASED ON AI OUTPUTS. ANY MATERIALS DOWNLOADED ARE AT YOUR OWN RISK, AND YOU ARE RESPONSIBLE FOR ANY RESULTING DAMAGE OR DATA LOSS. NO INFORMATION OBTAINED THROUGH THE SITE CREATES ANY WARRANTY NOT EXPRESSLY STATED HERE.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS, SO THESE LIMITATIONS MAY NOT APPLY TO YOU. WE DISCLAIM LIABILITY FOR LOSSES FROM THIRD-PARTY SITES OR GAMBLING SERVICES AND DO NOT GUARANTEE THEIR SAFETY OR LEGALITY.
6. INDEMNITY; LIMITATION OF LIABILITY
6.1. Indemnity. You agree to defend, indemnify, and hold harmless us, our affiliates, and all of their officers, members, managers, employees, and agents (collectively, “Released Parties”) from and against any and all claims, liabilities, damages, losses, demands, or expenses, including attorney’s fees and costs and expenses, arising out of or in any way connected with: (a) your use of our Site, (b) your violation of this Agreement, (c) any User Content you provide through our Site, (d) your violation of any law or the rights of any third party, and (e) your negligence or willful misconduct.
6.2. Limitation of Liability. WE AND OUR AFFILIATES ARE NOT LIABLE FOR LOST PROFITS, DATA LOSS, PERSONAL INJURY, DEATH, OR ANY INDIRECT, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY. IF YOU ARE DISSATISFIED WITH THE SITE OR THIS AGREEMENT, YOUR SOLE REMEDY IS TO STOP USING THE SITE. OUR TOTAL LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED $100.
7. DISPUTE RESOLUTION AND GOVERNING LAW
Any dispute related to your use of the Site or this Agreement (“Dispute”) must be brought in state or federal courts in New York, and you consent to their exclusive jurisdiction. Both parties waive the right to a jury trial. Disputes will be handled individually - no class actions, mass arbitrations, or consolidated proceedings without written consent. If this waiver is unenforceable in part, that portion shall be severed, and the remaining provisions shall remain in full force and effect.
YOU MUST FILE A COMPLAINT WITH A PERMITTED COURT WITHIN ONE YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A CLAIM, OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED ON SUCH EVENT OR FACTS.
8. MISCELLANEOUS
8.1. Term.
This Agreement begins when you accept it and continues until terminated by either party. You may terminate by stopping use of the Site. We may terminate or suspend your access at any time, without notice or liability to you.
8.2. Equitable Relief.
You agree that a breach may cause irreparable harm, and we may seek injunctions or other equitable relief without posting a bond.
8.3. Entire Agreement.
This Agreement, along with linked policies, is the entire agreement between you and us. We may update it at any time by posting changes on the Site. UNLESS OTHERWISE STATED IN THE AMENDED VERSION OF THIS AGREEMENT, ANY CHANGES TO THIS AGREEMENT WILL APPLY IMMEDIATELY UPON POSTING. Continued use means you accept the revised terms.
8.4. Assignment.
You may not assign this Agreement without our written consent. We may assign or delegate our rights and obligations at any time.
8.5. Survival.
Provisions that should survive termination (e.g., IP ownership, disclaimers, liability limits, governing law) will remain in effect.
8.6. Contact Us.
If you have questions, please email us at ben@coachingworksnyc.com.