Last updated: January 12, 2015
Effective as of: January 20, 2010
General Use Restrictions
SUCCESS WIZARD provides personal development, Goals Setting, life coaching and personal management tools, applications and services on and through this Site and mobile Apps, including content, logos, graphics and images (together, the "Materials"). Materials do not include Submissions (defined below). These Materials are made available to you by SUCCESS WIZARD and are the copyrighted and/or trademarked work of SUCCESS WIZARD or SUCCESS WIZARD's contributors.
SUCCESS WIZARD grants you a limited, personal, non-exclusive and non-transferable license to use and to display and to make one copy of the Materials and to use the Site and Apps solely for your personal use. Except for the license set forth in the preceding sentence above, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any downloaded or printed Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to this Site or Apps or any Materials. You agree that you have all rights to any content that you upload to the Site or Apps ("Your Content"). You hereby grant to SUCCESS WIZARD a non-exclusive license to use Your Content to provide you with the services and the functionality on the Site and Apps.
Password Restricted Areas of this Site
You may need a password to login to this Site and Apps and to use certain functions and areas within this Site. You are responsible for maintaining the confidentiality of your password and account, and agree to notify SUCCESS WIZARD if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for all activities that occur under your account. You agree to immediately notify SUCCESS WIZARD of any unauthorized use of your account or any other breach of security in relation to this Site known to you.
Payment and Electronic Communications
If applicable, you are expressly agreeing that SUCCESS WIZARD is permitted to bill you the applicable fees, any applicable tax and any other charges you may incur with SUCCESS WIZARD in connection with your use of the Site and the services on this Site. You agree that the fees will be billed to the credit card or your paypal account you provide in accordance with the billing terms in effect at the time a fee or charge is due and payable and, as applicable, the type of payment plan you have selected. If payment is not received or cannot be charged to your credit card or paypal account for any reason in advance of the applicable period, SUCCESS WIZARD reserves the right to either suspend or terminate your access to the Site and/or any services offered through the Site and terminate these Terms.
If you have selected a monthly payment plan, monthly fees are billed in advance each month under the plan that you select and until you cancel your plan, monthly plans automatically will be renewed every month. If you cancel your monthly plan for any reason, SUCCESS WIZARD will not refund any of your fees for the current month. Monthly plans are billed monthly beginning on the day and date that you sign up. For the monthly payment plan, your billing method will typically be charged on or about the same day of the month that you first signed up, or a day of the month that is as close to that date as is practical given the variations of the number of days in each month. If you purchase a pre-paid plan, your plan will automatically renew on the last day of the pre-paid period, unless you cancel your plan prior to the end of the pre-paid plan period. You may upgrade from a monthly payment plan to a pre-paid plan and if you do so in the middle of a given month, you will receive a credit in the amount of the current monthly payment applied to the pre-paid plan payment amount. If you downgrade from a pre-paid plan to a monthly payment plan, the amount that you have pre-paid will be applied to the monthly payment plan fees until they are used.
By using the Site and Apps, you consent to receiving electronic communications from SUCCESS WIZARD. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to our Site, Apps and services. These electronic communications are part of your relationship with SUCCESS WIZARD and you receive them as part of your subscription to the Site, Apps and/or services. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Third Party Content
Certain information and other content that are not Submissions may be the material of third party licensors and suppliers to SUCCESS WIZARD ("Third Party Content"). The Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor. You agree to only display the Third Party Content on your personal computer or mobile device solely for your personal use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content. SUCCESS WIZARD DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Links to Third Party Sites
This Site, our Apps and the Emails we send you may link to other sites that are not SUCCESS WIZARD sites. SUCCESS WIZARD is providing these links to you only as a convenience, and SUCCESS WIZARD is not responsible for such linked sites, including, without limitation, the content or links displayed on such sites.
Content Uploaded to the Site
As part of our services, you may elect to "share" certain of your non-public or personally identifiable information with specific persons. If you elect to share your non-public or personally identifiable information with specific persons, we will ask for that third party's email address and we will only use their email address to send them or provide them with access to your non-public or personally identifiable information that you have specified. If you have purchased coaching services, we will share your name and email address with your coach.
Submissions and unauthorized use of any Materials or Third Party Content contained on this Site and our Apps may violate certain laws and regulations. You agree to indemnify and hold SUCCESS WIZARD and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees and costs of defense) SUCCESS WIZARD or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this Site or Apps or the use of this Site or Apps by any person using your user name and/or password (including without limitation, your participation in the posting areas or, your Submissions) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party. SUCCESS WIZARD may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at SUCCESS WIZARD's discretion, SUCCESS WIZARD will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.
SUCCESS WIZARD is a trademark of SUCCESS WIZARD in the United States. Other trademarks, names and logos on this Site and Apps are the property of their respective owners.
Unless otherwise specified in these Terms, all information and screens appearing on this Site and Apps, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of SUCCESS WIZARD, Copyright © 2010-2015 SUCCESS WIZARD, INC. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
Copyright and Trademark Infringements
Notification: SUCCESS WIZARD respects the intellectual property rights of others, and we ask you to do the same. SUCCESS WIZARD may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site and Apps for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide SUCCESS WIZARD's designated agent the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit SUCCESS WIZARD to locate the material.
- Information reasonably sufficient to permit SUCCESS WIZARD to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
SUCCESS WIZARD's agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:
425 El Pintado Road, Suite 101, Danville, CA 94526, U.S.A.
By e-mail: firstname.lastname@example.org
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Disclaimer of Warranties
Your use of this Site and our Apps and/or the services is at your own risk. Neither the Materials, Submissions nor the Third Party Content have been verified or authenticated in whole or in part by SUCCESS WIZARD, and they may include inaccuracies or typographical or other errors. SUCCESS WIZARD does not warrant the accuracy or timeliness of the Materials, Submissions or the Third Party Content contained on this Site. SUCCESS WIZARD has no liability for any errors or omissions in the Materials, Submissions and/or the Third Party Content, whether provided by SUCCESS WIZARD or our licensors.
SUCCESS WIZARD, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, OUR APPS, THE SERVICES, ANY SUBMISSIONS, MATERIALS, OR THIRD PARTY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, OUR APPS, AND/OR THE RESULTS OBTAINED FROM THE USE OF THIS SITE AND OUR APPS, INCLUDING WITHOUT LIMITATION THE MATERIALS, SUBMISSIONS AND THE THIRD PARTY CONTENT. SPECIFICALLY, SUCCESS WIZARD MAKES NO EXPRESS OR IMPLIED REPRESENTATION THAT THE USE OF THE SITE, OUR APPS OR OUR SERVICES WILL RESULT IN YOUR ACHIEVEMENT OF ANY GOALS OR PLANS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, OUR APPS, THE SERVICES, MATERIALS, SUBMISSIONS, THIRD PARTY CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE AND APPS IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHERE-IS" BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. SUCCESS WIZARD DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
Limitation of Liability
SUCCESS WIZARD SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIAL OR THIRD PARTY CONTENT OR SUBMISSIONS TO OR FROM THIS SITE AND OUR APPS. IN NO EVENT SHALL SUCCESS WIZARD BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF SUCCESS WIZARD KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
Local Laws; Export Control
SUCCESS WIZARD controls and operates this Site and Apps from its headquarters in the United States of America and the Materials, Submissions and/or Third Party Content may not be appropriate or available for use in other locations. If you use this Site and Apps outside the United States of America, you are responsible for following applicable local laws.
If you violate these Terms, SUCCESS WIZARD may terminate and/or suspend your access to this Site and Apps without notice. SUCCESS WIZARD has the right to terminate your account for any reason. You may terminate your account at any time provided that any pre-paid fees will not be refunded. Once your account is cancelled, you will not be able to access Your Content; however, SUCCESS WIZARD may retain Your Content for a period of up to 6 months before deleting it from the active system (except that some copies of your information may be retained on archival or backup media).
California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Any disputes relating to these Terms or this Site will be heard in the courts located in California. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. SUCCESS WIZARD's failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and SUCCESS WIZARD and supersede all prior or contemporaneous negotiations, discussions or agreements between you and SUCCESS WIZARD about this Site and Apps. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
Publicly Posted Submissions
Any text, files, images, photos, videos, sounds, musical works, works of authorship, or any other materials that you submit, post or otherwise make available on the Site on public posting areas such as discussion forums, or post on public social media sites from our Apps are "Submissions."
You, and not SUCCESS WIZARD, have full responsibility for each such Submission you make, including its legality, accuracy, appropriateness, and trademark and copyright ownership. You agree that any Submission provided by you in connection with this Site and Apps is provided on a non-proprietary and non-confidential basis. Please note that, generally, Submissions will be accessible by other users on the Site. Please be sure that any information you post on any public area of the Site or other social media sites is information that you are comfortable with sharing with others. You agree that SUCCESS WIZARD is free to use a Submission on an unrestricted basis for any purpose and you grant SUCCESS WIZARD a sublicensable, non-exclusive, fully-paid and royalty-free, worldwide license to (in any media, whether now known or not currently known or invented) link to, utilize, use, publicly perform, publicly display, reproduce, distribute, modify and prepare derivative works of the Submission. However, under the foregoing license, SUCCESS WIZARD shall not have the right to sell ownership rights to your Submission.
You further agree that other users of the Site may incorporate portions of your Submissions into their personal pages on the Site. You also agree that SUCCESS WIZARD may incorporate Third-Party Content, including, advertising and sponsorships, on, in and/or around your personal page and/or Submissions. YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO ANY INFORMATION YOU SUBMIT TO SUCCESS WIZARD, SUCH AS YOUR SUBMISSIONS. You further agree that you will not upload, post or otherwise make available on this Site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any Submission that you make. You represent and warrant that: (i) you own all Submissions posted by you on or through this Site and Apps or otherwise have the right to grant the licenses to SUCCESS WIZARD set forth in this section, and (ii) the posting of your Submissions on or through this Site and Apps does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through this Site and Apps.
SUCCESS WIZARD requires that you respect the SUCCESS WIZARD online community as well as other individuals participating within the SUCCESS WIZARD online community. Your conduct should be guided by common sense and basic etiquette. To further these common goals, when posting Submissions to or otherwise using this Site, our Apps and/or the services, you agree not to, without limitation:
- Post off-topic messages.
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Transmit or otherwise make available any content that is false, harmful, threatening, abusive, tortious, defamatory, libelous, disparaging (including disparaging of SUCCESS WIZARD), vulgar, obscene, pornographic, or that promotes, furthers or incites violence, terrorism or illegal acts, or is otherwise objectionable (as determined by SUCCESS WIZARD in its sole discretion).
- Use racially, ethnically, or offensive language.
- Impersonate or represent SUCCESS WIZARD, our staff or other industry professionals.
- Solicit a user's password or other account information.
- Harvest user names, addresses, or e-mail addresses for any purpose other than use in your interactions on this Site.
- Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
- Disrupt the flow of chat in any manner, including without limitation vulgar language or abusiveness.
- Post anything that exploits children or minors or that depicts cruelty to animals.
- Post any copyrighted or trademarked materials without the express permission from the owner.
- Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
- Post telephone numbers, street addresses or last names.
- Solicit personal information from anyone under 18 years of age.
- Upload or transmit viruses, Trojan horses or other harmful, disruptive or destructive files or post material that interferes with any third party's uninterrupted use and enjoyment of the Site.
- Impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the Site or to SUCCESS WIZARD, including forging any TCP/IP packet header or any part of the header information in any transmission to the Site for any reason.
This list of prohibitions provides examples and is not complete or exclusive. SUCCESS WIZARD reserves the right to (a) terminate your access to your account, your ability to post to this Site (or the services) and (b) refuse, delete or remove, move or edit the content, in whole or in part, of any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that SUCCESS WIZARD determines is inappropriate or disruptive to this Site or to any other user of this Site and/or services. SUCCESS WIZARD reserves the right to restrict the number of e-mails or other messages which you are allowed to send to other users to a number that SUCCESS WIZARD deems appropriate in SUCCESS WIZARD's sole discretion. SUCCESS WIZARD may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at SUCCESS WIZARD's discretion, SUCCESS WIZARD will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet. SUCCESS WIZARD does not and cannot review every Submission posted to the Site or through the Apps. These prohibitions do not require SUCCESS WIZARD to monitor, police or remove any Submissions or other information submitted by you or any other user.