Legal Notices

This page states the Terms and Conditions under which you may use this Web Site. Please read this page carefully. If you do not accept the Terms and Conditions stated here, do not use the Web Site. Bill Cole, MS, MA and William B. Cole Consultants, may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions, because they are binding on you.

We reserve the right to change the terms of this User Agreement or to modify any features of this Web Site at any time without notice to you, and you agree to be bound by such changes. Any changes to this User Agreement shall become a part of this User Agreement and shall apply as soon as they are posted. The most current version of the User Agreement can be viewed at any time at: www.MentalGameCoach.com.

Section 1. Use of Material

Bill Cole, MS, MA and William B. Cole Consultants authorize you to view and download a single copy of the material on this Web Site (www.mentalgamecoach.com) solely for your personal, noncommercial use. Special rules may apply to the use of certain software and other items provided on the Web Site. Any such special rules are listed as "Legal Policies" on this Web Site and are incorporated into this Agreement by reference.

The contents of the Web Site, such as text, graphics, images and other material ("Material") are protected by copyright under both United States and foreign laws. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose, unless otherwise noted. The use of the Material on any other Web site or in a networked computer environment for any purpose is prohibited, unless otherwise noted.

Bill Cole, MS, MA and William B. Cole Consultants reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Web Site (or any part thereof) with or without notice. You agree that Bill Cole, MS, MA and William B. Cole Consultants shall not be liable to you or any third party for any modification, suspension or discontinuance of the Web Site.

If you violate any of these Terms, your permission to use the Material automatically terminates and you must immediately destroy any copies you have made of the Material.

Section 2. Company's Liability

The Material may contain inaccuracies or typographical errors. Bill Cole, MS, MA and William B. Cole Consultants make no representations about the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the Web Site and the Material. The use of the Web Site and the Material is at your own risk. Changes are periodically made to the Web Site and may be made at any time.

Bill Cole, MS, MA and William B. Cole Consultants do not warrant that the Web Site will operate error-free or that this Web Site and its server are free of computer viruses and other harmful goods. If your use of the Web Site or the Material results in the need for servicing or replacing equipment or data, Bill Cole, MS, MA and William B. Cole Consultants are not responsible for those costs. Bill Cole, MS, MA and William B. Cole Consultants also assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Web Site or your downloading of any materials, data, text, images, video, or audio from the Web Site.

Information on this web site may contain inaccuracies or errors. Information may be changed or updated without notice. Bill Cole, MS, MA and William B. Cole Consultants have no obligation to update information presented on this web site; therefore, information contained herein may be out of date at any given time. Changes, revisions or enhancements to products, services or account information described in this web site may occur at any time without notice.

The Web Site and Material are provided on an "as is" basis without any warranties of any kind. Bill Cole, MS, MA and William B. Cole Consultants, and its suppliers, to the fullest extent permitted by law, disclaim all warranties, including the warranty of merchantability, non-infringement of third-parties rights, and the warranty of fitness for particular purpose. Bill Cole, MS, MA and William B. Cole Consultants and its suppliers make no warranties about the accuracy, reliability, completeness, or timeliness of the material, services, software, text, graphics, and links.

Bill Cole, MS, MA and William B. Cole Consultants cannot guarantee completion of any future products or product features mentioned on this Web Site, and no reliance should be placed on their availability.

Bill Cole, MS, MA and William B. Cole Consultants are not rendering any legal or professional services by placing information on this web site. Bill Cole, MS, MA and William B. Cole Consultants assume no liability or responsibility for any errors or omissions in information on this site.

Images of people or places displayed on the Site are either the property of, or used with permission by, Bill Cole, MS, MA and William B. Cole Consultants. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, or communications regulations and statutes.

No one may systematically retrieve Material from the site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from Bill Cole, MS, MA and William B. Cole Consultants.

Section 3. Disclaimer of Consequential Damages

In no event shall Bill Cole, MS, MA and William B. Cole Consultants, its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors, or any third parties mentioned at this site be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages, including reasonable attorneys' fees, resulting from lost data, lost opportunity, or business interruption) resulting from the use or inability to use the Web Site and the Material, whether based on warranty, contract, tort, or any other legal theory, and whether or not Bill Cole, MS, MA and William B. Cole Consultants are advised of the possibility of such damages. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.

In no event does any material provided by or on this web site constitute legal, financial, psychological, sports, health, nutritional, counseling or medical advice. Use the information and material provided by or on this site only with the assistance of competent legal, financial, psychological, sports, health, nutritional, counseling or medical counsel.

Section 4. Links to Other Sites

This Web Site contains links to third party Web sites. These links are provided solely as a convenience to you and not as an endorsement by Bill Cole, MS, MA and William B. Cole Consultants of the contents on such third-party Web sites. Bill Cole, MS, MA and William B. Cole Consultants are not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party Web sites. If you decide to access linked third-party Web sites, you do so at your own risk. Bill Cole, MS, MA and William B. Cole Consultants encourage you to examine each site's privacy policy and make your own decisions regarding the accuracy, reliability and correctness of material and information in those sites.

Bill Cole, MS, MA and William B. Cole Consultants have not necessarily evaluated the third-party products, services, or ideas posted or promoted on the Web Site, or the statements or claims made about them, and accepts no responsibility or liability in connection with them. Before making any purchase, you may want to seek more information from the marketer of the product, service, or idea, or from third parties including, but not limited to, a Better Business Bureau, federal or state regulatory authorities, or independent professionals.

We intend to maintain the integrity of our Web Site, Materials and Products when they are viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with our Web Site, Materials and Products. Neither you nor any third party shall make use of the contents of the Web Site, Materials and Products in any manner that constitutes an infringement of our rights, including copyright or that has not been authorized by us.

Section 5. Submissions To William B. Cole Consultants

For any and all submissions of ideas, comments, concepts, suggestions or critiques for articles, ezines, products, books, downloads, products or other items via this web site, www.mentalgamecoach.com (including Ask the Coach and general email), Bill Cole, MS, MA, William B. Cole Consultants or www.mentalgamecoach.com will not be responsible for lost or damaged items. Unless otherwise agreed to in writing, any submissions or ideas become the sole property of Bill Cole, MS, MA and William B. Cole Consultants and you transfer copyright privileges to Bill Cole, MS, MA without limitation or financial obligation.

By posting communications to the Web Site, you automatically grant Bill Cole, MS, MA and William B. Cole Consultants, a royalty-free, perpetual, irrevocable nonexclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees. Submissions to Ask the Coach that do not request a confidential answer are considered to be non-confidential and automatically grant permission to Bill Cole, MS, MA and William B. Cole Consultants to reproduce, distribute or otherwise use your submissions in our marketing, promotional, or advertising campaigns.

Bill Cole, MS, MA and William B. Cole Consultants do not represent or guarantee the accuracy or reliability of any communications posted by other Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk.

Section 6. Limitation of Liability

Unless otherwise expressly provided in a Legal Notice, the aggregate liability for Bill Cole, MS, MA and William B. Cole Consultants to you for all claims arising from the use of the Materials is limited to zero dollars ($0.00).

Section 7. Indemnity

You agree to defend, indemnify, and hold harmless Bill Cole, MS, MA and William B. Cole Consultants and its associates, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material or your breach of the terms of this Agreement. Bill Cole, MS, MA and William B. Cole Consultants shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

Section 8. Unsolicited Email (SPAM)

Unsolicited and/or commercial email (SPAM) is not permitted by the domain mentalgamecoach.com. You must immediately remove the domain name mentalgamecoach.com from any mailing lists unless we have specifically requested to be on those lists. SPAM emails sent to mentalgamecoach.com will be investigated and any emails, which constitute unsolicited/commercial emails, are recorded automatically and any future mailings may result in the violator being billed for message transmission and storage services at a flat rate of $100.00 per message received. Bill Cole, MS, MA and William B. Cole Consultants reserve the right to prosecute under any applicable spam laws. Sending unsolicited email communication to any address containing the domain name, "mentalgamecoach.com," constitutes legal notice and acceptance of this policy. This is the only notice which violators will receive.

Section 9. Personal Information

We do not automatically gather any personal information from you, such as your name, phone number, or e-mail address. This information is obtained only if you supply it voluntarily. Contact information provided to us via e-mail or phone is used to process requests and send information about our company to our customers. At no time will we share any of this information with any other person or company. We do not use cookies.

Section 10. Removal From Our Lists

If you have asked to be added to our mailing list we may contact you concerning product orders, information you have requested, or new products, services or upcoming programs and events that may be of interest to you. If at any time you decide that you no longer wish to receive additional information from us, please follow the unsubscribe instructions on the messages you receive from us, or notify us by e-mail or phone, and your contact information will be removed from our mailing list.

Section 11. Copyright Notice

Unless otherwise indicated, this Website and its contents are the property of Bill Cole, MS, MA and William B. Cole Consultants and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws.

Bill Cole, MS, MA holds the exclusive copyrights for all content, materials, articles, assessments, seminars, speaking programs, workshops, articles, titles, CD's, audio and video clips, downloads and William B. Cole Consultants logos displayed on this web site, www.mentalgamecoach.com. Unless otherwise specified, articles, content and products are for personal and non-commercial use.

You may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any program, software, products, logos, titles names or services obtained from the Material and/or Products. Unless otherwise specified, the Material and/or Products, whether in part or in whole, may not be used or duplicated at a business, non-profit organization, or educational facility without written consent from Bill Cole, MS, MA and William B. Cole Consultants.

Section 12. Brand Names

William B. Cole Consultants, mentalgamecoach.com and The Mental Game Coach™ are brand names and unregistered trademarks of Bill Cole, MS, MA and William B. Cole Consultants. Bill Cole, MS, MA and William B. Cole Consultants brand names may not be used in connection with any product or service that is not Bill Cole, MS, MA and William B. Cole Consultants in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits this web site.

The absence of a product or service name, slogan, or logo does not constitute a waiver of Bill Cole, MS, MA and William B. Cole Consultants brandnames, non-registered trademark or other intellectual property rights concerning that name, slogan, or logo. All product names in this web site whether or not appearing in different type or with the trademark symbol are trademarks of Bill Cole, MS, MA and William B. Cole Consultants.

Section 13. Services and Results

By using the Material and Products of www.mentalgamecoach.com, Bill Cole, MS, MA and William B. Cole Consultants, you agree that the services and products provided by www.mentalgamecoach.com, Bill Cole, MS, MA and William B. Cole Consultants, and the results obtained from the efforts and recommendations of www.mentalgamecoach.com, Bill Cole, MS, MA and William B. Cole Consultants, are not guaranteed to improve performance, income, health, fitness or specific earnings.

Unless otherwise written in our agreement(s), www.mentalgamecoach.com, Bill Cole, MS, MA and William B. Cole Consultants do not guarantee that any portion of the Web Site (www. mentalgamecoach.com) or work which it performs or suggests to be implemented via its articles, teleclasses, books, videos, newsletters, resources or any other information will increase performance, income, or specific earnings as a result of working with www.mentalgamecoach.com, Bill Cole, MS, MA and William B. Cole Consultants.

By utilizing the Material and Products of www.mentalgamecoach.com, Bill Cole, MS, MA and William B. Cole Consultants, you acknowledge that your results will depend on variables and factors outside our control including, but not limited to: user motivation, user capabilities, user health and fitness, user compliance with our recommendations and suggestions, and other factors which neither party has control over.

Trust forms the core of the coaching relationship. We respect what you say, and will not repeat your material to anyone or to any entity. We maintain your privacy in all communications and we maintain safe and secure written records of your account. We do not disclose that you are a client if you do not want that known. If you are under the age of 18, we may speak with your parents to give them a general idea of what is covered in sessions for progress reports. We will consult with you and your parents about how much detail will be shared. We may also speak with your other coaches, or other people who can help you, for background information or for coaching collaboration, only with your advance permission. We will only share the coaching material with them that you direct us to share. If we see that you are engaging in at-risk, self-destructive behavior, we may intervene by securing appropriate assistance for you, starting with your parents, but we will consult you first.

In corporate coaching situations, the coach, the client and the client company agree at the outset of the coaching process as to what information will be shared with the company. We may give the client company updates on how coaching is progressing, but we do not share the details of what goes on in the coaching sessions.

Our coaching is done in good faith. We help people who seek assistance, no matter their status within a corporation, government, organization, or any other entity. If we are asked to engage in a Performance Improvement Plan (PIP) with a person we do so with every effort to help the person improve, and by extension, to assist the organization. If, during the course of our coaching, or after we coach an individual, the individual decides to leave their position, or they are transferred or terminated, or the scope, timeline or nature of the project changes, the coaching that we have completed stands. No one can predict if an individual might change roles, be terminated, or even if they might leave an organization of their own free will. What we do is provide the highest quality, cutting-edge coaching. Therefore, no organization can claw back any payments to us, or seek a refund for our agreed-upon satisfactory coaching that has been completed, for any reason.

Section 14. Online Purchases

When making a purchase from www.mentalgamecoach.com you may be asked to supply certain personal information, including credit card, debit card, or other payment mechanism information. You agree that all information you provide in connection with such purchase will be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment mechanism at the prices in effect when such charges are incurred.

All payments will be by VISA, MasterCard, American Express, or by Electronic Debit. By purchasing products or services using this Web Site, www.mentalgamecoach.com, you are giving William B. Cole Consultants the authority to debit your credit card account/bank account for all fees owing. Any disputed debits will be exclusively dealt with under the policies and procedures of the particular credit card company.

Section 15. Payment Policies for Speaking, Training and Coaching Services

Payment Terms For Speaking and Training Programs: Fees are quoted in US funds, with checks payable in US funds to William B. Cole Consultants, with a 50% deposit required in advance, and the balance due at the end of the speaking date, on site. Special arrangements for a 15-day net of the final payment may sometimes be made in advance. Accounts not paid within 15 days of the date of the program completion, or invoice (whichever is earlier) are subject to a .83% monthly (10% annual) finance charge. Checks for training and speaking programs returned by the bank for insufficient funds will be subject to an interest charge of 10% per annum and will be subject to a collection fee equal to 15% of the returned check amount. Any additional fees we are assessed for entering foreign countries, such as work permits, work visas, surcharges for bringing in or shipping business materials, products or other program items will be paid for by the meeting sponsoring client. This surcharge will be invoiced after the program.

Payment Terms For Coaching Programs: Checks returned by the bank for insufficient funds in the amount of $300.00 or less will be subject to a $20.00 collection fee and a $20.00 insufficient funds fee. Returned checks greater than $300.00 will be subject to an interest charge of 10% per annum and will be subject to a collection fee equal to 10% of the returned check amount.

Section 16. Governing Law And Jurisdiction

This Web Site is controlled by Bill Cole, MS, MA and William B. Cole Consultants from its offices in Fremont, California, United States of America. All matters relating to your access to, or use of, this website shall be governed by U.S. federal law or the laws of the State of California. Any legal action or proceeding relating to your access to, or use of, this website shall be instituted in a state or federal court in Palo Alto or Santa Clara County, California.

Section 17. General

This Web Site is based in Fremont, California. Bill Cole, MS, MA and William B. Cole Consultants make no claims the Materials are appropriate or may be downloaded outside of the United States. Access to the Materials may not be legal by certain persons or in certain countries. If you access the Web Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or other term. Except as expressly provided in a particular "Legal Policies" or material on particular Web pages, this Agreement constitutes the entire Agreement between you and Bill Cole, MS, MA and William B. Cole Consultants with respect to the use of Web Site. Any changes to this Agreement must be made in writing, signed by an authorized representative of Bill Cole, MS, MA and William B. Cole Consultants.

Section 18. Entire Agreement

This Agreement, with all Recitals and all Attachments incorporated therein by reference, constitutes the entire agreement of the parties hereto and supersedes all prior representations, proposals, discussions, and communications, whether oral or in writing.

Section 19. Captions and Headings

The captions and headings of this Agreement are for convenience and reference only and in no way define, limit, or describe the scope or intent of this Agreement or any portion thereof, nor affect it in any way.

Contacting Us

If you have any questions about this legal notice, the practices of this site, or your dealings with this Web site, please contact us.