- The client must be registered and familiar with the use of Coach Holmes’ booking calendar
- The client must book weekly lessons a minimum of 24 hours in advance using the booking calendar
- Clients are covered under NMBA liability insurance providing they are registered with NMBA
- Clients not registered with NMBA are responsible for their own liability insurance
- No refunds will be provided for any monthly pre-paid fees
- No refunds will be provided for clients that choose not to participate in services
- Cancellations or rescheduling for emergencies or illness accepted with minimum 24-hour notice
- All lessons are non-transferable and non-refundable
The terms and conditions of this agreement have been read and understood in their entirety and these terms and conditions are agreed to by the client. Any term or condition not specifically referenced above as being included in this agreement, are not to be inferred as forming part of this agreement.
Coach Nick Holmes / World Baseball Experience, Ltd. Corp. has created this privacy statement in order to demonstrate our firm and continuing commitment to the privacy of personal information provided by those visiting and interacting with this web site. We hold the privacy of your personal information in the highest regard. The following discloses our information gathering and dissemination practices for this website.
We recognize the importance of protecting your privacy and our policy is designed to assist you in understanding how we collect, use and safeguard the personal information you provide to us and to assist you in making informed decisions when using our site. This policy will be continuously assessed against new technologies, business practices and our customers’ needs.
What Information Do We Collect?
When you visit this website you may provide us with two types of information: personal information you knowingly choose to disclose that is collected on an individual basis and website use information collected on an aggregate basis as you and others browse our website.
- Personal Information You Choose to Provide
When you register for any of our products, services or newsletters you will provide us information about yourself.
Credit Card Information
If you choose to avail of our services, you may need to give personal information and authorization to obtain information from various credit services. For example, you may need to provide the following information:
-Credit card number
-Name on credit card
-Credit card billing address
-Business and home phone number
If you choose to correspond with us through email, we may retain the content of your email messages together with your email address and our responses. We provide the same protections for these electronic communications that we employ in the maintenance of information received by mail and telephone.
- Website Use Information
Similar to other commercial websites, our website utilizes a standard technology called “cookies” (see explanation below, “What Are Cookies?”) and web server log files to collect information about how our website is used. Information gathered through cookies and web server logs may include the date and time of visits, the pages viewed, time spent at our website, and the websites visited just before and just after our website.
How Do We Use the Information That You Provide to Us?
Broadly speaking, we use personal information for purposes of administering our business activities, providing the products and services you requested, to process your payment, to monitor the use of the service, our marketing and promotional efforts and improve our content and service offerings, and customize our site’s content, layout, services and for other lawful purposes. These uses improve our site and better tailor it to meet your needs. Furthermore, such information may be shared with others on an aggregate basis. Personally identifiable information or business information will not be shared with parties except as required by law. Occasionally, we may also use the information we collect to notify you about important changes to our website, new services, and special offers we think you will find valuable. You may notify us at any time if you do not wish to receive these offers by emailing us at the link provided on the newsletter.
What Are Cookies?
How Do We Use Information We Collect from Cookies?
IP addresses are used by your computer every time you are connected to the Internet. Your IP address is a number that is used by computers on the network to identify your computer. IP addresses are automatically collected by our web server as part of demographic and profile data known as “traffic data” so that data (such as the web pages you request) can be sent to you.
Sharing and Selling Information
We do not share, sell, lend or lease any of the information that uniquely identifies a subscriber (such as email addresses or personal details) with anyone except to the extent it is necessary to process transactions or provide services that you have requested.
How Can You Access and Correct Your Information?
You may request access to all your personally identifiable information that we collect online and maintain in our database by emailing us at the usual address.
What About Legally Compelled Disclosure of Information?
We may disclose information when legally compelled to do so, in other words, when we, in good faith, believe that the law requires it or for the protection of our legal rights. We may also disclose account information when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating our Terms of Service or to protect the safety of our users and the Public.
What About Other Websites Linked to Our website?
Our Commitment To Data Security:
Please note that your information will be stored and processed on our computers in the United States. The laws on holding personal data in the United States may be less stringent than the laws of your Country of residence or citizenship. To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.
This site allows visitors to unsubscribe so that they will not receive future messages. After unsubscribing we will discontinue sending the particular messages as soon as technically feasible.
Surveys & Contests
From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.
A Special Note About Children
Children are not eligible to use our services unsupervised and we ask that children (under the age of 14) do not submit any personal information to us. If you are a minor, you can use this service only in conjunction with permission and guidance from your parents or guardians.
Acquisition or Changes in Ownership
In the event that the web site (or a substantial portion of its assets) is acquired, your information would be considered part of those assets, and may be part of those assets that are transferred.
Terms of Service
Coach Nick Holmes / World Baseball Experience, Ltd. has taken every effort to design our website to be instructional, practical and results oriented. As we strive to accomplish that — and would ask that you let us know if you’d like to see improvements or changes that would make it even easier for you to find or engage the information you need and want. All we ask is that you agree to abide by the following Terms and Conditions. Take a few minutes to look them over because by using our site/software you automatically agree to them. Naturally, if you don’t agree, please do not use the site. We reserve the right to make any modifications that we deem necessary at any time. Please continue to check these terms to see what those changes may be! Your continued use of the website means that you accept those changes.
Restrictions on Use of Our Online Materials
All Online Materials on the site, including, without limitation, text, software, names, logos, trademarks, service marks, trade names, images, photos, illustrations, audio clips, video clips, and music are copyrighted intellectual property. All usage rights are owned and controlled by the site. You, the visitor, may download certain Online Materials for non-commercial, personal use only provided you 1) retain all copyright, trademark and proprietary notices, 2) you make no modifications to the materials, 3) you do not use the materials in a manner that suggests an association with any of our products, services, events or brands, and 4) you do not download quantities of materials to a database, server, or personal computer for reuse for commercial purposes. You may not, however, copy, reproduce, republish, upload, post, transmit or distribute Online Materials in any way or for any other purpose unless you get our written permission first. Neither may you add, delete, distort or misrepresent any content on the site. Any attempts to modify any Online Material, or to defeat or circumvent our security features is prohibited. Everything you download, any software, plus all files, all images incorporated in or generated by the software, and all data accompanying it, is considered licensed to you by the site or third-party licensors for your personal, non-commercial home use only. We do not transfer the title of the software to you. That means that we retain full and complete title to the software and to all of the associated intellectual-property rights. You’re not allowed to redistribute or sell the material or to reverse-engineer, disassemble or otherwise convert it to any other form that people can use.
Submitting Your Online Material to Us
The services and products of Coach Nick Holmes are made available “as is,” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose, non-infringement, or otherwise, all such warranties being expressly disclaimed. To the extent allowed by law, neither Coach Nick Holmes nor any of its service providers, information providers, licensors, employees, officers, directors, members, assignees, or agents shall have any liability for incidental, consequential, indirect, exemplary, punitive, or special damages suffered by you or any other party arising out of or related to your use of Coach Nick Holmes website, published programs, videos, services or products, or your purchase of services or products from Coach Nick Holmes via the website or otherwise.
Limitation of Liability
THIS SITE WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF ANY OF ITS SITE.
THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY:
* USE OF (OR INABILITY TO USE) THE SITE OR OUR ONLINE MATERIALS
* USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR SITE
* FAILURE OF OUR SITE TO PERFORM IN THE MANNER YOU EXPECTED OR DESIRED
* ERROR ON OUR SITE
* OMISSION ON OUR SITE
* INTERRUPTION OF AVAILABILITY OF OUR SITE
* DEFECT ON OUR SITE
* DELAY IN OPERATION OR TRANSMISSION OF OUR SITE
* COMPUTER VIRUS OR LINE FAILURE
* PLEASE NOTE THAT WE ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING:
- DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY
- DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS “CONSEQUENTIAL DAMAGES.”)
- OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS “INCIDENTAL DAMAGES.”)
WE ARE NOT LIABLE EVEN IF WE’VE BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR BOTH.
EXCEPTION: CERTAIN STATE LAWS MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR THESE “INCIDENTAL” OR “CONSEQUENTIAL” DAMAGES. IF YOU LIVE IN ONE OF THOSE STATES, THE ABOVE LIMITATION OBVIOUSLY WOULD NOT APPLY WHICH WOULD MEAN THAT YOU MIGHT HAVE THE RIGHT TO RECOVER THESE TYPES OF DAMAGES.
HOWEVER, IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF ANY AND EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR THEY’RE CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID IF ANYTHING TO ACCESS OUR SITE.
Coach Nick Holmes may provide sports training, wellness, physical training, fitness, nutrition and other related information, applications, and content. If so, then it is intended only to assist users in their personal training, wellness, physical fitness, nutrition and sports efforts. Coach Nick Holmes is not a medical organization and cannot – and does not – give you medical advice or a medical diagnosis. Nothing contained in Coach Nick Holmes website or online services should be construed as medical advice or a medical diagnosis. Any information and reports generated by Coach Nick Holmes should not be interpreted as a substitute for physician consultation, evaluation, treatment, or good sense and personal judgment about one’s own condition.
Participating in any type of sports has an inherent risk of injury. The risk of injury from participation in a fitness regimen and/or from the performance of any exercise is significant, including the potential for catastrophic injury or death. You should and must consult a medical professional before undertaking any fitness regimen or exercise program, including any exercises or techniques set forth or described on this website. Any text, pictures, and description set forth in this website or in other online or in-person services is for educational purposes only (e.g., the information illustrates and explains various fitness-related and exercise techniques) and does not advise that you or any other website user undertake or perform any particular technique or exercise. You agree that you will not undertake or perform any exercise or technique described in this website or otherwise by Coach Nick Holmes until and unless you consult with and are cleared by a medical doctor in relation to such participation. All users of this website, online services and/or the other products and services of Coach Nick Holmes are specifically warned to seek professional medical advice prior to initiating any form of sports training, physical training, or exercise regimen.
Links to Other Site
We sometimes provide referrals to and links to other World Wide websites from our site. Such a link should not be seen as an endorsement, approval or agreement with any information or resources offered at sites you can access through our site. If in doubt, always check the Uniform Resource Locator (URL) address provided in your WWW browser to see if you are still in a Coach Nick Holmes / World Baseball Experience, Ltd. Corp. operated site or have moved to another site. Coach Nick Holmes / World Baseball Experience, Corp. is not responsible for the content or practices of third party sites that may be linked to our site. When Coach Nick Holmes / World Baseball Experience, Ltd. Corp. provides links or references to other websites, no inference or assumption should be made and no representation should be inferred that Coach Nick Holmes / World Baseball Experience, Ltd. Corp. is connected with, operates or controls these websites. Any approved link must not represent in any way, either explicitly or by implication, that you have received the endorsement, sponsorship or support of any Coach Nick Holmes / World Baseball Experience, Ltd. Corp. site or endorsement, sponsorship or support of Coach Nick Holmes / World Baseball Experience, Ltd. Corp., including its respective employees, agents or directors.
Termination of This Agreement
This agreement is effective until terminated by either party. You may terminate this agreement at any time, by destroying all materials obtained from all Coach Nick Holmes / World Baseball Experience, Ltd. Corp. website, along with all related documentation and all copies and installations. Coach Nick Holmes / World Baseball Experience, Ltd. Corp. may terminate this agreement at any time and without notice to you, if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials. In addition, by providing material on our website, we do not in any way promise that the materials will remain available to you. And Coach Nick Holmes / World Baseball Experience, Ltd. Corp. is entitled to terminate all or any part of any of its website without notice to you.
Jurisdiction and Other Points to Consider
To the extent you have in any manner violated or threatened to violate Coach Nick Holmes / World Baseball Experience, Ltd. Corp. and/or its affiliates’ intellectual property rights, Coach Nick Holmes / World Baseball Experience, Ltd. Corp. and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the Province of British Columbia, and you consent to exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Nanaimo, BC. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us. If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Provincial Courts of British Columbia located at 35 Front Street Nanaimo, BC V9R 5J1. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
All of our products are covered by a 30 Day No Questions Asked Money Back Guarantee. If the product does not live up to your expectations for any reason, simply go through the cancelation steps in your membership profile and we will promptly refund your entire payment with no questions asked. An email to support does not qualify as a refund request. Only requests made through your membership profile will qualify. Once a refund request is submitted, the funds will be returned to your account in less than 30 days (usually much sooner). And you access the website and all refunds will be returned to the original credit card or debit card account. You have thirty (30) days from the date of original purchase to return the product to receive your refund. Any refunds request after the thirty (30) day time limit will not be processed.
FTC Disclosure on Testimonials and Endorsements
Testimonials/endorsements on this web site may have received compensation, primarily in the form of free products. This sales page is sponsored and/or created or supported by a company, organization or group of organizations.