1.2. Your use of the PowerHouse Rugby Website is subject to the following Terms and Conditions of Use, which you are deemed to accept by using this PHR Website. If you are not prepared to comply with these terms you must leave this website immediately.
1.3. Additional terms shall apply:
1.3.1. to any purchases you make through this PHR Website;
1.3.2. to any courses you take through this PHR Website; and
1.3.3. where you are given an opportunity to place advertisements for goods or services on this PHR Website.
The copyright and all other rights in the material on this Website are owned by B. Cox, PHR, or are included with the permission of the owner of the rights. As a visitor to this Website, you may download a single copy of the material offered on this Website for download or for course participation on a single computer for your own private viewing/listening purposes only. Single copies of content from this Website may be printed out for the sole purposes of enabling the person printing the page to retain a copy for their own personal records. No copying or distribution of any content on this Website for any commercial or business use is not permitted without B Cox’s prior written consent. No photography, filming, broadcast, alteration or modification of the content of this Website is permitted without prior written consent. Subject to this paragraph, all rights for content on this Website are reserved to B. Cox.
3. PROHIBITED USE
You agree not to use the PowerHouse Rugby Website:
to create a database (electronic or otherwise) that includes material downloaded or otherwise obtained from this Website except where expressly permitted on this Website;
to disseminate advertisements on this Website or use this Website for any other commercial purposes (which would include using this Website to promote or encourage the sale of your goods/services);
to place links on this Website where those links take visitors to unlawful material or material that contravenes these Terms and Conditions;
to transmit or re-circulate any material or content obtained from this Website to any third party except where expressly permitted by B. Cox in writing;
in such a way so as to remove the copyright or trade mark notice(s) from any copies of any material or content made in accordance with these Terms and Conditions;
to disseminate any unsolicited or unauthorized advertising, promotional materials, “junk email,” “spam,” “product pitches,” “pyramid schemes,” or any other form of solicitation;
to disseminate any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
to disseminate any material which is or may infringe the rights (including intellectual property rights) of any third party or be unlawful, threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy, which may cause annoyance or inconvenience or may restrict or inhibit the use of this Website by any person or which constitutes or encourages conduct that may be considered a criminal offence or give rise to civil liability in any country in the world;
to disseminate any material which compromises the privacy or security of anyone other than yourself;
to disseminate any material which does or may bring B. Cox into dispute or in any way damage his reputation;
to disseminate any material where the use of the material by B. Cox, or any third party licensed or permitted by B. Cox, will give rise to any third party claims; or
to post link(s) that take users to material that contravenes any of the above restrictions.
4. USER GENERATED CONTENT
4.1. The pages of this Website where you are capable of posting content are provided for your private, non-commercial exchange of lawful, relevant, fair and appropriate information, opinions and comment. Use of this Website that is inconsistent with those stated purposes is strictly prohibited. By submitting any content to this Website, you:
4.1.1. grant B. Cox and Powerhouse Rugby the right to use such content and all material embodied therein for any purposes including, without limitation, to edit, copy, reproduce, translate, disclose, post and/or remove such content from this Website and hereby waive all of the moral rights that you have under the Digital Millennium Copyright Act of 1998 as may be amended and, among our other rights and remedies, we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate the within policy.
Any claims from copyright holders and responses thereto shall be governed by the provisions of the Digital Millennium Copyright Act of 1998 as may be amended in respect of any material you post to this Website;
4.1.2. warrant to B. Cox and Powerhouse Rugby that all such content complies with the provisions Digital Millennium Copyright Act of 1998; and
4.1.3. acknowledge that B. Cox and/or Powerhouse Rugby may require you to confirm the above rights and warranties and agree to do so within 5 business days of any request from B. Cox or Powerhouse Rugby.
4.3. as with any Internet content, approach it with an open and critical mind; ask questions, do your research and seek out expert advice. Any questions or complaints related to third party content will be directed to the creator and/or rights holder thereof.
4.4. B. Cox and Powerhouse Rugby accepts no responsibility for any statements, material or other submissions placed on our online community or course interactions by you or any third party, or for any loss or damage resulting from your breach of these Terms and Conditions.
5. USE OF COURSEWARE
5.1. Copyright in any courseware that is made available for download from this Website and/or the Powerhouse Rugby Materials belongs to B. Cox, Powerhouse Rugby or its suppliers. Your use of the courseware is governed by the terms of the course agreement that may accompany or be included with your purchase. Do not use or participate in any course unless you agree to such use agreement.
6. LINKS TO OTHER WEBSITES
6.1. You may link to this Website, but strictly only on the basis that you do not replicate the pages of this Website, and subject to the following conditions:
6.1.1. you do not create a frame or any other browser or border environment around this Website;
6.1.2. you do not in any way imply any endorsement by B. Cox or Powerhouse Rugby other than with its written consent or misrepresent your relationship with B. Cox or Powerhouse Rugby;
6.1.3. you do not use any logos, media photos or trademarks displayed on this Website without the express written permission of B. Cox;
6.1.4. you do not link from a website that is not owned by you; and
6.1.5. your website does not contain content that is distasteful, offensive or controversial, that infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
7.1. Any B. Cox or Powerhouse Rugby trademarks (whether registered or unregistered) and graphics, logos, designs, page headers and button icons are the intellectual property rights of B. Cox and Powerhouse Rugby and neither they nor any confusingly similar versions may be used by you including (but not limited to) as part of any trademarks and/or domain names without the prior written consent of B. Cox other than for the purpose of referring to B. Cox and Powerhouse Rugby and any associated brands lawfully and in good faith (only).
8.1. To access certain parts of this Website, Powerhouse Rugby may require you to register and provide certain information about yourself. Such registration shall be subject to specific terms of registration. Where you register you also agree to:
8.1.1. provide true, accurate, current and complete information about yourself as prompted by the relevant registration form (such information being the “Registration Data”); and
8.1.2. maintain and promptly update the Registration Data to keep it fully up to date.
8.3. Where you register on this Website, you will be allocated a username and password. These account details must be used solely by you; sharing your username and password with any other person or making it available to multiple users on a network is strictly prohibited. Accordingly, you agree to:
8.3.1. maintain the security of your username and password and be fully responsible for all use of this Website made using your username and password;
8.3.3. ensure that you exit from your Website account at the end of each session. B. Cox and Powerhouse Rugby cannot and will not be liable for any losses, damages or costs arising from your failure to comply with these requirements.
9.1. Whilst B. Cox and Powerhouse Rugby endeavors to ensure that this Website is normally available 24 hours a day, due to the inherent nature of the Internet, errors, interruptions and delays may occur in the service at any time. Accordingly, this Website is provided on an “AS-IS” and “AS-AVAILABLE” basis without any warranties of any kind and we do not accept any liability arising from any interruption in availability. Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for any other reasonable cause.
9.2. You acknowledge that whilst B. Cox and Powerhouse Rugby endeavours to ensure that information on this Website and any related material provided to you by B. Cox and/or Powerhouse Rugby, whether by email or otherwise (“the Power Rugby materials”) is accurate and complete, it is provided only for general information, is not intended to address your particular requirements and does not constitute any form of advice or recommendation by B. Cox, Powerhouse Rugby or its guest contributors. You acknowledge that the information on this Website does not necessarily reflect the views and opinions of B. Cox or any of its guest contributors and that the Powerhouse and Power Rugby Materials should not be relied upon by you in making (or refraining from making) any specific investment or other health-related or personal decisions and acknowledge that professional medical advice should be obtained before making any such decision.
9.3. You acknowledge that some of this website’s content may be supplied by third parties and the accuracy and completeness of it will not have been checked by B. Cox or Powerhouse Rugby. No liability shall be accepted by B. Cox and/or Powerhouse Rugby for any inaccuracy or omission in the information provided on this Website or on the Powerhouse or Power Rugby materials. All implied warranties are excluded from these Terms and Conditions to the extent that they may be excluded as a matter of law.
9.4. B. Cox will use reasonable endeavors to ensure that this Website and the Powerhouse and Power Rugby Materials do not contain or promulgate any viruses or other malicious code. However, it is recommended that you should virus check all such materials and regularly check for the presence of viruses and other malicious code. B. Cox and Powerhouse Rugby excludes to the fullest extent permitted by applicable laws all liability in connection with any damage or loss caused by computer viruses or other malicious code originating or contracted from this Website or all of the Powerhouse and Power Rugby Materials.
9.5. B. Cox and/or Powerhouse Rugby will not be liable for any damages (including, without limitation, damages for loss of the profits) arising in contract, tort or otherwise from your use or inability to use this Website or any content or from any action taken (or refrained from being taken) as a result of using this Website or any content of it, including in respect of infringement of third party rights arising from the your use of the content.
9.6. Links on this Website to third party websites are provided solely for your convenience. If you use these links, you leave this Website. B. Cox and Powerhouse Rugby has not reviewed these third party websites and does not control and is not responsible for those websites or their content or availability. B. Cox, therefore, does not endorse or make any representations about them, or any material found on them, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk. Please note that B. Cox and Powerhouse Rugby gives no warranty that links to third party sites on this Website shall be marked as such.
9.7. This Website may contain links to third party websites where you may purchase items. You acknowledge that when making a purchase from a third party website you enter into a contract with that third party at your own risk and B. Cox and/or Powerhouse Rugby will bear no liability for that contract. Please note that third parties may operate such shopping sites with reference to the name of this Website, but that does not mean that B. Cox and/or Powerhouse Rugby is responsible for their conduct or any contracts that you enter into with them.
9.8. This Website may from time-to-time contain advertising, product reviews, and sponsorship. B. Cox is and/or Powerhouse Rugby is not responsible for either the content of the material provided by such advertisers, product suppliers and sponsors or their compliance with voluntary or statutory codes or provisions. In particular, B. Cox and/or Powerhouse Rugby can provide no warranty that it will not take advertisements, product reviews or sponsorship from your competitors.
10. SUSPENSION OF ACCESS TO THIS WEBSITE AND USER INDEMNITIES
10.1. If, for any reason, B. Cox and/or Powerhouse Rugby believes that you have not complied with any of these Terms and Conditions it may, at its sole discretion, suspend or cancel your access to all or some of this Website immediately and without giving you any advance notice.
10.2. Without prejudice to the provisions of Section 10, you agree to compensate B. Cox in respect of any claims, losses, expenses and/or liabilities (including legal fees) which arise from your use of this Website and/or the Powerhouse and/or Power Rugby Materials (or by a third party using your user name and password) including in particular (but not limited to) any statements, contributions or other content posted on this Website or any breach of Section 3.2.
11. LIMITATION OF B. COX’S LIABILITY
11.1. B. Cox will not be liable to you for any loss or damage caused by B. Cox or its contractors, guest content providers, past, present or future employees or sub-contractors in circumstances where:
11.1.1. there is no breach of a legal duty of care owed to you by B. Cox and/or Powerhouse Rugby (or its employees or sub-contractors); or
11.1.2. such loss or damage is not a reasonably foreseeable result of any such breach; or
11.1.3. in respect of any increase in the loss or damage resulting from your actions.
12. COMPETITION TERMS AND CONDITIONS
These rules (the “Rules”) apply to all prize promotions including free drawings, prize competitions, product giveaways, and sponsored offers unless otherwise stated on this Website. Depending on the nature of the competition there may be additional rules imposed by us (or selected third parties) and each such offer may be subject to its own express terms and may not be available in all jurisdictions.
12.1. All entrants to a Promotion must be at least 18 years-of-age at the date of entry and comply with any further age and/or other eligibility requirements set out in the Rules. Proof of age may be required before a prize-winner can claim a prize. The eligibility of any entrant is at the sole discretion of Powerhouse Rugby.
12.2. Only one entry per person and per household is permitted, spammers will be disqualified and automated entries are not permitted and will be disqualified.
12.3. All entries must be made in accordance with the Rules and must be received by Powerhouse Rugby by the closing date. Entries made otherwise shall be invalid. B. Cox and Powerhouse Rugby accepts no responsibility or liability for any lost, damaged or incomplete entries and all such entries will be deemed invalid. Proof of despatch shall not be proof of entry.
12.4. B. Cox and any promoters reserve the right at its sole discretion to (without prior notice):
12.4.1. cancel the Promotion; and/or
12.4.2. to substitute the prize for another prize of equal value.
12.5. NO PURCHASE NECESSARY to enter Powerhouse Rugby competitions unless otherwise stated on the promotional activity with a specific competition.
12.6. By entering a prize draw, the entrant agrees to be bound by the Rules and by any other requirements set out in the promotional material accompanying the promotion.
12.8. Prize-winners will be notified in writing within 10 weeks of the applicable closing date (or such other timeframe as is indicated on this Website). If a prize-winner fails to respond to claim his/her prize within 21 days of receipt of the notification, Powerhouse Rugby shall be entitled to select an alternative prize-winner. In such circumstances, B. Cox and Powerhouse Rugby shall use reasonable endeavors to notify the alternative prize-winner within 12 weeks of the closing date (or such other timeframe as is indicated on this Website).
12.9. Prize draws are open to residents of the US, Canada, Mexico, and the UK, other regions will be considered on a case-by-case basis. Employees, contractors and guest contributors of Powerhouse Rugby, the promoter and their immediate families, the promoters advertising agency and sales promotion consultancy, and anyone else connected with the creation and administration of the promotion are exempt from participating in any contest on Powerhouse Rugby.
12.10. Powerhouse Rugby’s decision is final and no correspondence will be entered into. Odds of winning depend on the number of eligible entries received.
12.11. B. Cox and/or Powerhouse Rugby will not accept responsibility for loss through technical fault, incomplete, illegible or other damaged entries. Proof of entry is not automatically proof of receipt.
12.12. Prize-winners will receive their prize within 6 weeks of notification unless otherwise specified on this Website. The terms and conditions of any third party supplier may apply and must be accepted and complied with by a prize-winner to accept the prize.
12.13. B. Cox and Powerhouse Rugby will not be liable if a prize does not reach a prize-winner for any reason outside the control of B. Cox and Powerhouse Rugby or if a prize is damaged during delivery.
12.14. It is your responsibility to ensure that when entering competitions that you can accept the prize offered.
12.15. Prizes are non-transferable, non-negotiable and no cash alternatives will be offered.
12.16. Depending on the nature of the prize, its use or enjoyment may be subject to further conditions or restrictions.
12.17. By entering the promotion, the winner(s) consent(s) to any publicity generated as a result of the promotion, and use on this Website and its social media channels at any time.
12.18. Where relevant, all taxes are, unless otherwise specifically stated, the sole responsibility of the prize-winner.
12.19. The promotional draw is held by B. Cox.
13. VARIATION OF THESE TERMS AND CONDITIONS OF USE
13.1. B. Cox and Powerhouse Rugby reserves the right to vary these Terms and Conditions of Use from time-to-time. Such variations become effective immediately upon the posting of the varied Terms and Conditions on this Website. By continuing to use this Website you will be deemed to accept such variations. You should, therefore, check this Website from time-to-time to review the then current Terms and Conditions. These Terms and Conditions were last updated in April of 2017.
14.1. These Terms and Conditions shall be governed by, and construed in accordance with, Califonia law and the courts of the United States shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms and Conditions unless B. Cox and or Powerhouse Rugby shall elect to bring proceedings in the courts of the country of the user’s residence or of principal place of business.
14.2. These Terms and Conditions, as varied by B. Cox and/or Powerhouse Rugby from time to time form the entire understanding between us. Headings in these Terms and Conditions are for convenience only and will have no legal meaning or effect.
14.3. No delay or indulgence by B. Cox and/or Powerhouse Rugby in enforcing the provisions of these Terms and Conditions shall affect B. Cox’s rights under them nor shall any waiver of B. Cox’s rights operate as a waiver of any subsequent breach.
14.4. No right, power or remedy conferred upon or reserved for B. Cox and/or Powerhouse Rugby is exclusive of any other right, power or remedy available to B. Cox and/or Powerhouse Rugby provided either under these Terms and Conditions or as a matter of law and each such right, power or remedy shall be cumulative.
14.5. You may not assign sub-license or otherwise transfer any of your rights or obligations under these Terms and Conditions.
14.6. If any provision of these Terms and Conditions is found to be invalid the invalidity of that provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain valid and enforceable.
14.7. Nothing in these Terms and Conditions shall operate to exclude liability that cannot as a matter of law be excluded and in particular, and notwithstanding the limitations of liability set out above, our liability for death or personal injury caused by our negligence shall not be excluded or limited in any way.