TERMS OF USE
Thank you for visiting www.toyoursuccesscoaching.com and/or any of our network of websites (“Site”). The Site is a service made available to you by Craig M. Phinn, Inc. /dba The Phinn Group and To Your Success (“we,” or “us,” or “our,” or “Company”). We own or control, and provide access to, www.toyoursuccesscoaching.com and related websites (however accessed and/or used) or interactive features that are accessible or downloadable through www.toyoursuccesscoaching.com. All content, products and services provided on and through this Site may be used only under the following terms and conditions (“TERMS OF USE”). YOUR USE OF THIS SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE. PLEASE READ THEM CAREFULLY BEFORE USING THIS SITE. IF YOU DO NOT AGREE WITH ANY PART OF THE TERMS OF USE, DO NOT USE THIS SITE.
Content
All content, materials, text, graphics, audio streams, video streams, webcasts, podcasts, user interfaces, visual interfaces, photographs, trademarks, service marks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, section, coordination, expression, “look and feel” and arrangement of the Content, contained on our Site is owned, controlled or licensed by or to us, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Acceptable Use
As long as you comply with these Terms of Use, you are granted a limited, non-exclusive, nontransferable license to access this Site and its Content in strict accordance with these Terms of Use. If you are under the age of 18 years of age, you may not use this Site. Our Site is hosted in the United States of America but contains some information that may be considered general information appropriate for global access and use. We make no representation that all materials on the Site are appropriate or available for use in locations outside the United States of America, and accessing them from territories, where their contents are illegal is strictly prohibited. Any references on this Site to specific products and/or services are applicable only to those available in the United States of America, and any product claims or comparisons to other products on the Site apply within the United States of America only. Those who access this Site from other locations do so on their own initiative and of their own free will and are responsible for compliance with local laws, including laws regarding the transmission of technical data exported from the United States of America or the territory in which they reside.
We reserve the right to refuse service in our sole discretion and without notice. You are solely responsible for your use of the Site, and you agree to compensate, hold harmless, and defend us from any claims, damages, losses, liabilities, costs, and expenses, including attorneys’ fees resulting from your use or misuse of the Site. Posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic, or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, is strictly prohibited.
Limited Use
No content from our Site may be copied, reproduced, republished, uploaded, downloaded, posted, displayed, encoded, translated, transmitted, or distributed in any way, except that when permitted through written notice on the Site, you may download one copy for your personal, noncommercial home use only, provided that (i) you keep intact all copyright and other proprietary notices, and (ii) you make no modifications to such Content. You may not use the Content for any commercial purpose without prior written permission from a Duly Authorized Officer of the Company. You may not, without our prior written permission, co-brand this Site, frame this Site, hyper-link to this Site or mirror any Content contained on this Site on any other server or web site. The unauthorized use of any such Content on any other Web site or computer environment is expressly prohibited. All trademarks, service marks, trade names, and trade dress are proprietary to us. For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Site or its Content accessible within this Site. You wholeheartedly agree to cooperate with us in causing any unauthorized co-branding, framing, hyper-linking or mirroring to immediately cease.
Description of Web Services
The Site currently provides users with access to a collection of online resources, which may include without limitation, various communications tools, online forums, shopping services, personalized content and branded programming. Unless explicitly stated otherwise, any new features that augment or enhance the Site, including the release of new or specialized Company web-based services, are subject to these Terms of Use. In some instances, these Terms of Use and a separate end user license agreement or similar agreement will apply to a service or product offered by Company and/or the Site. We may add, change, remove, suspend or discontinue any aspect of the Site at any time without notice. We may also impose limits on certain features and services or restrict access to parts or all of the Site without notice or liability. In order to use the Site, you must obtain access to the Internet, either directly or through devices that access web-based Content, and pay any services fees associated with such access. Furthermore, you must provide all equipment and technology necessary to make such connection to the Internet).
Webcast or Podcasts
From time to time, we may provide webcasts or podcasts on this Site. Unauthorized recording or downloading of any webcast or podcast is strictly prohibited. Any distribution or redistribution of broadcast, podcast or webcast on this Site is strictly prohibited without our express prior consent.
Links To Other Web Sites
The Site may contain hyperlinks to other Web sites. If you use the hyperlinks to access these other Web sites, you will leave the Site and your browser will be re-directed to the other Web sites. These hyperlinks are provided solely as a convenience to you. We may not have knowledge of, and is not responsible for, the content presented by any other Web site. We have not reviewed and do not endorse or accept any responsibility for the content, or accessibility of resources available on, any other Web site. We suggest that you carefully review the Terms of Use of any Web site you choose to access from our Site.
Protected Intellectual Property Rights
Copyright-The Content and other matters related to the Site are protected under applicable copyright laws. ALL RIGHTS RESERVED, to the full extent that such Content can be protected under such copyright laws. The posting of any such elements on this Site does not constitute a waiver of any right in such elements. You do not acquire ownership rights to any such elements viewed through this Site. Except as otherwise provided herein, none of these elements may be used, copied, reproduced, downloaded, posted, displayed, transmitted, modified, or distributed in any form or by any means, including, without limitation, electronic, mechanical, photocopying, recording, or otherwise, without our prior written permission.
Trademark-All trademarks, service marks, product names, company names, logos and trade dress on this Site, unless otherwise noted, belong to us (the “Marks”). All other trademarks, service marks, product names, company names, logos, and/or trade dress, mentioned, displayed, cited or otherwise indicated on this Site are the property of their respective owners. The use or misuse of any Marks or any other materials contained on this Site, without the prior written permission of their owner, is expressly prohibited.
User Accounts, End User License Agreement, and Additional Terms
Registration may be required for the use of certain portions of the Site (e.g. e-mail newsletters, retail sales, specialized content download, etc.). in some instances, these Terms of Use and separate end users license agreements or terms of use that set forth additional conditions may apply to a service or product offered on or through the Site. To the extent there is a conflict between these Terms of Use and the terms of any applicable end user license or similar agreement, the end user license or similar agreement will control, unless the additional conditions expressly state that these Terms of Use will control. In cases where there are no additional terms or conditions stated for any such registrations, services or products, these Terms of Use will control. Registration data and certain other information about you are subject to the privacy policy posted at the Site on which you are providing your registration information. Please read that privacy policy thoroughly for information on how your data will be handled. If you choose to provide information to the Site, you agree to provide only true, accurate, complete, and current information. If you create a user account, you agree to accept total responsibility for all activities that occur under your account or password, if any, and agree you will not sell, transfer or assign your user account. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer (or other internet access device, as applicable) so that others may not access any password-protected portion of the Site using your name, user name or password in whole or in part.
Privacy and Your Personal Information
Your use of our Site is also subject to the terms of our Privacy Policy. You acknowledge that you have read and understand our Privacy Policy, and consent to the use of any personal information you provide in accordance with the terms of, and for the purpose set forth in, our Privacy Policy.
Your Submissions
From time to time, the Site may contain or describe functionality or other methods through which you can upload or otherwise submit information, data, software, messages, photographs, audio, video, text and other materials to the Site (“Your Submissions,” or “Your Uploaded Information”). For example, the Site may offer forums, bulletin boards, chat rooms, wiki or other interactive areas (“Interactive Forums”). Company, its parent, subsidiaries or affiliates or the directors, officers, employees, managers, attorneys, licenses or other representatives of each of them do not endorse the content posted in Interactive Forums. Company reserves the right, but is not obligated, to post, delete, move or edit Your Submissions, in whole or in part, submitted by you to an Interactive Forum for any reason in their sole discretion. Company reserves the right to suspend or terminate your access to the Site and pursue all legal remedies if we believe Your Submissions infringes another’s copyright or otherwise violates any law, rule or regulation. You acknowledge and agree that you are strictly prohibited from accepting payment for Your Submissions, including, without limitation, accepting payment for the inclusion of a logo, brand or other commercial content, in Your
Submissions.
All of Your Submissions is your sole responsibility. This means that you, and not the Company, are entirely responsible for all of Your Submissions that you upload, post, e-mail transmit or otherwise make available via the Site. If you post personal information in Interactive Forums or on other publicly available areas of the Site, then you may receive unsolicited messages from third parties. Company cannot ensure the security of any information you post on publicly accessible areas of the Site. Under no circumstances will we be liable in any way for any of Your Submissions including, but not limited to, any errors or omissions in Your Submissions, or for any loss or damage of any kind incurred as a result of Your Submissions. You represent that Your Submissions is an original work by you or you have necessary rights to it and to submit it to Company under the terms of these Terms of Use, that it is not defamatory, and that it does not infringe upon, misappropriate or violate the rights of any third parties, including, without limitation, any intellectual property rights, rights of publicity or privacy or any other proprietary rights or otherwise violate any law, rule or regulation you further agree that you are solely liable for any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys’ fees, connected to or arising from your breach of any representation or warranty, or other violations of the terms of the Terms of Use or any User Agreement.
Except as otherwise described in the posted privacy policy or other agreement on the Site at which you provide Your Submissions, Your Submissions will be treated as non-confidential and non-proprietary and we will not be liable for any use or disclosure to anyone, including not limited to claimed intellectual property owners. When you submit Your Submissions via the Site, you irrevocably grant to: (i) Company, its parent, subsidiaries, affiliates, and partners, and (ii) users of the Site a non-exclusive, worldwide, royalty-free license containing, without limitation, all right, title and interest in Your Submissions, including, but not limited to, all patents, trademarks, service marks, trade names, trade dress, trade identities, copyrights, trade secrets, logos, domain names, know-how, source code and object code, mask-work rights, inventions, moral rights, author’s rights, algorithms, rights in packaging, goodwill and other intellectual property and proprietary rights whatsoever in Your Submissions. You further agree that Company, its parent, subsidiaries, affiliates, and partners and the directors, officers, employees, managers, attorneys, licensees or other representatives of each of them will have the unfettered right throughout the universe, in perpetuity, without any credit or compensation to you, to use, reuse, modify, alter, display, archive, publish, sub-license, perform, reproduce, disclose, transmit, broadcast, post, sell, translate, create derivative works of, distribute and use for advertising, marketing, publicity and promotional purposes, any of Your Submissions or portions of Your Submissions, and your name, voice, likeness, biographical information, logos, marks, trade names or other identifying information, or other information provided or obtained, in any form, media, software or technology of any kind now known or developed in the future for any purposes whatsoever including, without limitation, for purpose of advertising, marketing, or promoting Company, it product and/or services or developing, manufacturing and marketing products using Your Submissions. Without limiting the foregoing, the licenses you grant Company in these Terms of Use permit Company to publicly display, publicly perform, distribute, and reproduce Your Submissions, in whole or in part, alone or with other material on or via the Internet, including but not limited to, any Company-authorized online and offline receiving and playback devices, by any means of transmission now known or hereafter devised. You hereby waive any moral rights you may have in and to any of Your Submissions, even if such material is altered or changed in a manner not agreeable to you. You agree and acknowledge that Company, its parent, subsidiaries, affiliates, and partners and the directors, officers, employees, managers, attorneys and licensees are not obligated, under any circumstances, to use Your Submissions submitted through the Site or otherwise, and may alternatively choose to discard, and limit or block access to Your Submissions without any liability whatsoever.
You acknowledge and agree that we may have access to, create or have created literary materials and ideas which may be similar or identical to Your Submissions in theme, idea, plot or format or in other respects. Accordingly, and without limiting other provisions of these Terms of Use, by submitting Your Submissions, you agree to waive any claims you may have against company for copyright infringement, breach of confidence, theft of ideas, violation of trade secrets or any other action in contract or tort.
You acknowledge that the Site, through Company, its parent, subsidiaries, affiliates, partners and licensees undertakes no obligation to pre-screen Your Submissions, but that I has the right, in its sole discretion to modify, transmit over various networks, refuse, move, block or limit access to or remove any of Your Submissions. You agree that you must evaluate, and bear all risks associated with, the use of any of Your Submissions including, without limitation to, any reliance on the accuracy, completeness, or usefulness of Your Submissions. Since Company its parent, subsidiaries, affiliates, partners and licensees may not pre-screen user generated content, you may bear legal responsibility for others’ exposure to any offensive indecent or objectionable content in Your Submissions.
If Your Submissions is submitted to us on physical media, such media will not be returned and will become the property of Company.
Copyright and Copyright Infringement Notifications
If you have reason to believe that your work has been copied in a way that constitute copyright infringement, please provide us the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. B512: (I) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (II) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (III) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (IV) information reasonably sufficient to permit us to contact the complaining party; (V) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (VI) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notice of claims of copyright infringement on or regarding the Site can be sent to: info@toyoursuccesscoaching.com.
We reserve the right to terminate the accounts of users who in our discretion are repeat infringers.
Warranty Disclaimer
OUR SITE, IT’S CONTENTS AND OUR PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUE OR OTHERWISE IN LAW, OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE COMPLETENESS, ACCURACY, CORRECTNESS, INTEGRITY, RELIABILITY, CURRENCY, ADEQUACY, SUITABILITY, FUNCTIONALITY, AVAILABILITY, OR OPERATION OF (a) THIS SITE, THE CONTENT OR SERVICES PROVIDED ON, OR ACCESSIBLE FROM THIS SITE, OR (b) OUR PRODUCTS OR SERVICES. WE DO NOT WARRANT THAT THE OPERATION OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS SITE IS FREE FROM VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS TO COMPUTER EQUIPMENT OR SOFTWARE.
WE DO NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THIS SITE IS LAWFUL, IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT. WE SPECIFICALLY DISCLAIM SUCH WARRANTIES. YOU ACKNOWLEDGE THAT BY USING ANY OF THE FEATURES OF THIS SITE, YOU ACT AT YOUR OWN FREE WILL AND AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT OUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THIS SITE, IT’S CONTENT, PRODUCTS AND/OR SERVICES.
THE COMPANY, ITS PARENT, SUBSIDIARIES, AFFILIATES, THE DIRECTORS, OFFICERS, EMPLOYEES, MANAGERS, ATTORNEYS, PARTNERS, AND LICENSEES OR REPRESENTATIVES OF EACH OF THEM SHALL NOT BE LIABLE FOR THE USE OF THE SITE INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
Limitation of Liability
IN NO EVENT WILL WE, OR OUR SUBSIDIARIES, AFFILIATES, THE DIRECTORS, OFFICERS, EMPLOYEES, MANAGERS, ATTORNEYS, PARTNERS, AND LICENSEES OR REPRESENTATIVES OF EACH OF THEM, BE LIABLE, NOR DO WE ASSUME RESPONSIBILITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (i) THE USE OR INABILITY TO USE THIS SITE (OR THE CONTENT, PRODUCTS OR SERVICES PROVIDED ON, OR ACCESSIBLE FROM THIS SITE) OR OTHERWISE; OR (II) OUR PRODUCTS OR SERVICES, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE COMPANY, ITS PARENT, SUBSIDIARIES, AFFILIATES, THE DIRECTORS, OFFICERS, EMPLOYEES, MANAGERS, ATTORNEYS, PARTNERS, AND LICENSEES OR REPRESENTATIVES OF EACH OF THEM TOTAL COMBINED LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED TWO HUNDRED FIFTY DOLLARS ($250).YOU MUST NOTIFY US WITHIN THIRTY (30) DAYS OF THE DATE UPON WHICH SUCH LIABILITY ARISES.
Indemnity
You will indemnify and hold us, and our subsidiaries, affiliates, the directors, officers, employees, managers, attorneys, partners, and licensees or representative of each of them (hereinafter known as the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of the Content hereof or our products and services, other than as expressly authorized in these Terms of Use and any applicable End User License Agreement or Similar Agreement. You acknowledge and agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. Further, you agree to indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the Content hereof, or products or services on or accessed from this Site.
Governing Law and Jurisdiction
These Terms of Use are governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflict of laws and specifically will not be governed by the United Nations Conventions and Contracts for the International Sale of Goods, if otherwise applicable.
You waive all rights to trail by jury in any action or proceeding instituted in connection with these Terms of Use and/or the Site. Any controversy or dispute arising out of your use of our Site and/or these Terms of Use shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or dispute shall be arbitrated on an individual basis, and not be consolidated in any arbitration with any dispute of controversy of any other party. The arbitration shall be conducted in the State of New York, in the City of the Bronx, County of the Bronx, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Any matters or proceedings that are not subject to arbitration as set forth in this section twenty (20) of these Terms of Use and/or for entering any judgment on an arbitration award, shall take place in the State of New York, in the City of the Bronx, County of the Bronx. You waive the dense of forum non conveniens.
If any provision of these Terms of Use shall be found to be unlawful, invalid, void or for any reason unenforceable, then that provision shall be deemed removed and shall not affect the validity and enforceability of any remaining provisions.
Section Headings
You acknowledge that the Sections Headings in these Terms of Use are provided for your convenience only and do not have any legal or contractual effect.
Miscellaneous
You are solely responsible for compliance with applicable laws, rules and regulations in connection with your use of this Site and its Content, including but not limited to, those governing your transmission or use of any software or data. These Terms of Use and any applicable End User License Agreement or Similar Agreement contain the sole and entire agreement between the parties with respect to the Site, the Content and Your Submissions and supersedes any and all other prior written or oral agreements between them.
Errors and Corrections
While we make every effort to include accurate and current information on our Site, we do not warrant or represent that the Site will be error-free. Data entry errors or other technical problems may result in inaccurate information being shown for such things as the availability of products or services, etc. we reserve the right to correct any inaccuracies or typographical errors on our Site (without notice to you), and shall have no liability for such errors. We also reserve the right to make improvements and/or changes to our Site, Site’s features, functionality, Content or to our products and services at any time.
If you see any description you believe to be incorrect, please contact us as described below, and we’ll verify it for you.
Termination
You acknowledge and agree that we will determine your compliance with these Terms of Use in our sole discretion. We reserve the right to deny access to all or part of the Site and to deny access to any person in our sole discretion without notice or liability of any kind. Any violations of these Terms of Use may be referred to law enforcement authorities. Upon termination of your user account or access to this Site, or upon demand by the Company, you must destroy all materials obtained from this Site and all related documentation without delay.
Contact Us
If you have any questions about any portion of these Terms of Use, please send an email with your questions to info@toyoursuccesscoaching.com. We will make every reasonable effort to address your concerns and remedy any problems you bring to our attention. Understand that your use of our Site or its Content will constitute your full acceptance of these Terms of Use even if you have not received a response from us to your questions. Therefore, you are encouraged to NOT use our Site or access its Content until your questions regarding the Terms of Use are answered to your satisfaction and you are in full agreement with our response. ONCE AGAIN, YOUR USE OF THIS SITE AND ACCESS TO ITS CONTENT, PRODUCTS OR SERVICES CONSTITUTE YOUR AGREEMENT WITH THESE TERMS OF USE.
Date of last update to Terms of Use: May 19, 2010
Content
All content, materials, text, graphics, audio streams, video streams, webcasts, podcasts, user interfaces, visual interfaces, photographs, trademarks, service marks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, section, coordination, expression, “look and feel” and arrangement of the Content, contained on our Site is owned, controlled or licensed by or to us, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Acceptable Use
As long as you comply with these Terms of Use, you are granted a limited, non-exclusive, nontransferable license to access this Site and its Content in strict accordance with these Terms of Use. If you are under the age of 18 years of age, you may not use this Site. Our Site is hosted in the United States of America but contains some information that may be considered general information appropriate for global access and use. We make no representation that all materials on the Site are appropriate or available for use in locations outside the United States of America, and accessing them from territories, where their contents are illegal is strictly prohibited. Any references on this Site to specific products and/or services are applicable only to those available in the United States of America, and any product claims or comparisons to other products on the Site apply within the United States of America only. Those who access this Site from other locations do so on their own initiative and of their own free will and are responsible for compliance with local laws, including laws regarding the transmission of technical data exported from the United States of America or the territory in which they reside.
We reserve the right to refuse service in our sole discretion and without notice. You are solely responsible for your use of the Site, and you agree to compensate, hold harmless, and defend us from any claims, damages, losses, liabilities, costs, and expenses, including attorneys’ fees resulting from your use or misuse of the Site. Posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic, or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, is strictly prohibited.
Limited Use
No content from our Site may be copied, reproduced, republished, uploaded, downloaded, posted, displayed, encoded, translated, transmitted, or distributed in any way, except that when permitted through written notice on the Site, you may download one copy for your personal, noncommercial home use only, provided that (i) you keep intact all copyright and other proprietary notices, and (ii) you make no modifications to such Content. You may not use the Content for any commercial purpose without prior written permission from a Duly Authorized Officer of the Company. You may not, without our prior written permission, co-brand this Site, frame this Site, hyper-link to this Site or mirror any Content contained on this Site on any other server or web site. The unauthorized use of any such Content on any other Web site or computer environment is expressly prohibited. All trademarks, service marks, trade names, and trade dress are proprietary to us. For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Site or its Content accessible within this Site. You wholeheartedly agree to cooperate with us in causing any unauthorized co-branding, framing, hyper-linking or mirroring to immediately cease.
Description of Web Services
The Site currently provides users with access to a collection of online resources, which may include without limitation, various communications tools, online forums, shopping services, personalized content and branded programming. Unless explicitly stated otherwise, any new features that augment or enhance the Site, including the release of new or specialized Company web-based services, are subject to these Terms of Use. In some instances, these Terms of Use and a separate end user license agreement or similar agreement will apply to a service or product offered by Company and/or the Site. We may add, change, remove, suspend or discontinue any aspect of the Site at any time without notice. We may also impose limits on certain features and services or restrict access to parts or all of the Site without notice or liability. In order to use the Site, you must obtain access to the Internet, either directly or through devices that access web-based Content, and pay any services fees associated with such access. Furthermore, you must provide all equipment and technology necessary to make such connection to the Internet).
Webcast or Podcasts
From time to time, we may provide webcasts or podcasts on this Site. Unauthorized recording or downloading of any webcast or podcast is strictly prohibited. Any distribution or redistribution of broadcast, podcast or webcast on this Site is strictly prohibited without our express prior consent.
Links To Other Web Sites
The Site may contain hyperlinks to other Web sites. If you use the hyperlinks to access these other Web sites, you will leave the Site and your browser will be re-directed to the other Web sites. These hyperlinks are provided solely as a convenience to you. We may not have knowledge of, and is not responsible for, the content presented by any other Web site. We have not reviewed and do not endorse or accept any responsibility for the content, or accessibility of resources available on, any other Web site. We suggest that you carefully review the Terms of Use of any Web site you choose to access from our Site.
Protected Intellectual Property Rights
Copyright-The Content and other matters related to the Site are protected under applicable copyright laws. ALL RIGHTS RESERVED, to the full extent that such Content can be protected under such copyright laws. The posting of any such elements on this Site does not constitute a waiver of any right in such elements. You do not acquire ownership rights to any such elements viewed through this Site. Except as otherwise provided herein, none of these elements may be used, copied, reproduced, downloaded, posted, displayed, transmitted, modified, or distributed in any form or by any means, including, without limitation, electronic, mechanical, photocopying, recording, or otherwise, without our prior written permission.
Trademark-All trademarks, service marks, product names, company names, logos and trade dress on this Site, unless otherwise noted, belong to us (the “Marks”). All other trademarks, service marks, product names, company names, logos, and/or trade dress, mentioned, displayed, cited or otherwise indicated on this Site are the property of their respective owners. The use or misuse of any Marks or any other materials contained on this Site, without the prior written permission of their owner, is expressly prohibited.
User Accounts, End User License Agreement, and Additional Terms
Registration may be required for the use of certain portions of the Site (e.g. e-mail newsletters, retail sales, specialized content download, etc.). in some instances, these Terms of Use and separate end users license agreements or terms of use that set forth additional conditions may apply to a service or product offered on or through the Site. To the extent there is a conflict between these Terms of Use and the terms of any applicable end user license or similar agreement, the end user license or similar agreement will control, unless the additional conditions expressly state that these Terms of Use will control. In cases where there are no additional terms or conditions stated for any such registrations, services or products, these Terms of Use will control. Registration data and certain other information about you are subject to the privacy policy posted at the Site on which you are providing your registration information. Please read that privacy policy thoroughly for information on how your data will be handled. If you choose to provide information to the Site, you agree to provide only true, accurate, complete, and current information. If you create a user account, you agree to accept total responsibility for all activities that occur under your account or password, if any, and agree you will not sell, transfer or assign your user account. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer (or other internet access device, as applicable) so that others may not access any password-protected portion of the Site using your name, user name or password in whole or in part.
Privacy and Your Personal Information
Your use of our Site is also subject to the terms of our Privacy Policy. You acknowledge that you have read and understand our Privacy Policy, and consent to the use of any personal information you provide in accordance with the terms of, and for the purpose set forth in, our Privacy Policy.
Your Submissions
From time to time, the Site may contain or describe functionality or other methods through which you can upload or otherwise submit information, data, software, messages, photographs, audio, video, text and other materials to the Site (“Your Submissions,” or “Your Uploaded Information”). For example, the Site may offer forums, bulletin boards, chat rooms, wiki or other interactive areas (“Interactive Forums”). Company, its parent, subsidiaries or affiliates or the directors, officers, employees, managers, attorneys, licenses or other representatives of each of them do not endorse the content posted in Interactive Forums. Company reserves the right, but is not obligated, to post, delete, move or edit Your Submissions, in whole or in part, submitted by you to an Interactive Forum for any reason in their sole discretion. Company reserves the right to suspend or terminate your access to the Site and pursue all legal remedies if we believe Your Submissions infringes another’s copyright or otherwise violates any law, rule or regulation. You acknowledge and agree that you are strictly prohibited from accepting payment for Your Submissions, including, without limitation, accepting payment for the inclusion of a logo, brand or other commercial content, in Your
Submissions.
All of Your Submissions is your sole responsibility. This means that you, and not the Company, are entirely responsible for all of Your Submissions that you upload, post, e-mail transmit or otherwise make available via the Site. If you post personal information in Interactive Forums or on other publicly available areas of the Site, then you may receive unsolicited messages from third parties. Company cannot ensure the security of any information you post on publicly accessible areas of the Site. Under no circumstances will we be liable in any way for any of Your Submissions including, but not limited to, any errors or omissions in Your Submissions, or for any loss or damage of any kind incurred as a result of Your Submissions. You represent that Your Submissions is an original work by you or you have necessary rights to it and to submit it to Company under the terms of these Terms of Use, that it is not defamatory, and that it does not infringe upon, misappropriate or violate the rights of any third parties, including, without limitation, any intellectual property rights, rights of publicity or privacy or any other proprietary rights or otherwise violate any law, rule or regulation you further agree that you are solely liable for any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys’ fees, connected to or arising from your breach of any representation or warranty, or other violations of the terms of the Terms of Use or any User Agreement.
Except as otherwise described in the posted privacy policy or other agreement on the Site at which you provide Your Submissions, Your Submissions will be treated as non-confidential and non-proprietary and we will not be liable for any use or disclosure to anyone, including not limited to claimed intellectual property owners. When you submit Your Submissions via the Site, you irrevocably grant to: (i) Company, its parent, subsidiaries, affiliates, and partners, and (ii) users of the Site a non-exclusive, worldwide, royalty-free license containing, without limitation, all right, title and interest in Your Submissions, including, but not limited to, all patents, trademarks, service marks, trade names, trade dress, trade identities, copyrights, trade secrets, logos, domain names, know-how, source code and object code, mask-work rights, inventions, moral rights, author’s rights, algorithms, rights in packaging, goodwill and other intellectual property and proprietary rights whatsoever in Your Submissions. You further agree that Company, its parent, subsidiaries, affiliates, and partners and the directors, officers, employees, managers, attorneys, licensees or other representatives of each of them will have the unfettered right throughout the universe, in perpetuity, without any credit or compensation to you, to use, reuse, modify, alter, display, archive, publish, sub-license, perform, reproduce, disclose, transmit, broadcast, post, sell, translate, create derivative works of, distribute and use for advertising, marketing, publicity and promotional purposes, any of Your Submissions or portions of Your Submissions, and your name, voice, likeness, biographical information, logos, marks, trade names or other identifying information, or other information provided or obtained, in any form, media, software or technology of any kind now known or developed in the future for any purposes whatsoever including, without limitation, for purpose of advertising, marketing, or promoting Company, it product and/or services or developing, manufacturing and marketing products using Your Submissions. Without limiting the foregoing, the licenses you grant Company in these Terms of Use permit Company to publicly display, publicly perform, distribute, and reproduce Your Submissions, in whole or in part, alone or with other material on or via the Internet, including but not limited to, any Company-authorized online and offline receiving and playback devices, by any means of transmission now known or hereafter devised. You hereby waive any moral rights you may have in and to any of Your Submissions, even if such material is altered or changed in a manner not agreeable to you. You agree and acknowledge that Company, its parent, subsidiaries, affiliates, and partners and the directors, officers, employees, managers, attorneys and licensees are not obligated, under any circumstances, to use Your Submissions submitted through the Site or otherwise, and may alternatively choose to discard, and limit or block access to Your Submissions without any liability whatsoever.
You acknowledge and agree that we may have access to, create or have created literary materials and ideas which may be similar or identical to Your Submissions in theme, idea, plot or format or in other respects. Accordingly, and without limiting other provisions of these Terms of Use, by submitting Your Submissions, you agree to waive any claims you may have against company for copyright infringement, breach of confidence, theft of ideas, violation of trade secrets or any other action in contract or tort.
You acknowledge that the Site, through Company, its parent, subsidiaries, affiliates, partners and licensees undertakes no obligation to pre-screen Your Submissions, but that I has the right, in its sole discretion to modify, transmit over various networks, refuse, move, block or limit access to or remove any of Your Submissions. You agree that you must evaluate, and bear all risks associated with, the use of any of Your Submissions including, without limitation to, any reliance on the accuracy, completeness, or usefulness of Your Submissions. Since Company its parent, subsidiaries, affiliates, partners and licensees may not pre-screen user generated content, you may bear legal responsibility for others’ exposure to any offensive indecent or objectionable content in Your Submissions.
If Your Submissions is submitted to us on physical media, such media will not be returned and will become the property of Company.
Copyright and Copyright Infringement Notifications
If you have reason to believe that your work has been copied in a way that constitute copyright infringement, please provide us the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. B512: (I) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (II) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (III) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (IV) information reasonably sufficient to permit us to contact the complaining party; (V) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (VI) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notice of claims of copyright infringement on or regarding the Site can be sent to: info@toyoursuccesscoaching.com.
We reserve the right to terminate the accounts of users who in our discretion are repeat infringers.
Warranty Disclaimer
OUR SITE, IT’S CONTENTS AND OUR PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUE OR OTHERWISE IN LAW, OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE COMPLETENESS, ACCURACY, CORRECTNESS, INTEGRITY, RELIABILITY, CURRENCY, ADEQUACY, SUITABILITY, FUNCTIONALITY, AVAILABILITY, OR OPERATION OF (a) THIS SITE, THE CONTENT OR SERVICES PROVIDED ON, OR ACCESSIBLE FROM THIS SITE, OR (b) OUR PRODUCTS OR SERVICES. WE DO NOT WARRANT THAT THE OPERATION OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS SITE IS FREE FROM VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS TO COMPUTER EQUIPMENT OR SOFTWARE.
WE DO NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THIS SITE IS LAWFUL, IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT. WE SPECIFICALLY DISCLAIM SUCH WARRANTIES. YOU ACKNOWLEDGE THAT BY USING ANY OF THE FEATURES OF THIS SITE, YOU ACT AT YOUR OWN FREE WILL AND AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT OUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THIS SITE, IT’S CONTENT, PRODUCTS AND/OR SERVICES.
THE COMPANY, ITS PARENT, SUBSIDIARIES, AFFILIATES, THE DIRECTORS, OFFICERS, EMPLOYEES, MANAGERS, ATTORNEYS, PARTNERS, AND LICENSEES OR REPRESENTATIVES OF EACH OF THEM SHALL NOT BE LIABLE FOR THE USE OF THE SITE INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
Limitation of Liability
IN NO EVENT WILL WE, OR OUR SUBSIDIARIES, AFFILIATES, THE DIRECTORS, OFFICERS, EMPLOYEES, MANAGERS, ATTORNEYS, PARTNERS, AND LICENSEES OR REPRESENTATIVES OF EACH OF THEM, BE LIABLE, NOR DO WE ASSUME RESPONSIBILITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (i) THE USE OR INABILITY TO USE THIS SITE (OR THE CONTENT, PRODUCTS OR SERVICES PROVIDED ON, OR ACCESSIBLE FROM THIS SITE) OR OTHERWISE; OR (II) OUR PRODUCTS OR SERVICES, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE COMPANY, ITS PARENT, SUBSIDIARIES, AFFILIATES, THE DIRECTORS, OFFICERS, EMPLOYEES, MANAGERS, ATTORNEYS, PARTNERS, AND LICENSEES OR REPRESENTATIVES OF EACH OF THEM TOTAL COMBINED LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED TWO HUNDRED FIFTY DOLLARS ($250).YOU MUST NOTIFY US WITHIN THIRTY (30) DAYS OF THE DATE UPON WHICH SUCH LIABILITY ARISES.
Indemnity
You will indemnify and hold us, and our subsidiaries, affiliates, the directors, officers, employees, managers, attorneys, partners, and licensees or representative of each of them (hereinafter known as the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of the Content hereof or our products and services, other than as expressly authorized in these Terms of Use and any applicable End User License Agreement or Similar Agreement. You acknowledge and agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. Further, you agree to indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the Content hereof, or products or services on or accessed from this Site.
Governing Law and Jurisdiction
These Terms of Use are governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflict of laws and specifically will not be governed by the United Nations Conventions and Contracts for the International Sale of Goods, if otherwise applicable.
You waive all rights to trail by jury in any action or proceeding instituted in connection with these Terms of Use and/or the Site. Any controversy or dispute arising out of your use of our Site and/or these Terms of Use shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or dispute shall be arbitrated on an individual basis, and not be consolidated in any arbitration with any dispute of controversy of any other party. The arbitration shall be conducted in the State of New York, in the City of the Bronx, County of the Bronx, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Any matters or proceedings that are not subject to arbitration as set forth in this section twenty (20) of these Terms of Use and/or for entering any judgment on an arbitration award, shall take place in the State of New York, in the City of the Bronx, County of the Bronx. You waive the dense of forum non conveniens.
If any provision of these Terms of Use shall be found to be unlawful, invalid, void or for any reason unenforceable, then that provision shall be deemed removed and shall not affect the validity and enforceability of any remaining provisions.
Section Headings
You acknowledge that the Sections Headings in these Terms of Use are provided for your convenience only and do not have any legal or contractual effect.
Miscellaneous
You are solely responsible for compliance with applicable laws, rules and regulations in connection with your use of this Site and its Content, including but not limited to, those governing your transmission or use of any software or data. These Terms of Use and any applicable End User License Agreement or Similar Agreement contain the sole and entire agreement between the parties with respect to the Site, the Content and Your Submissions and supersedes any and all other prior written or oral agreements between them.
Errors and Corrections
While we make every effort to include accurate and current information on our Site, we do not warrant or represent that the Site will be error-free. Data entry errors or other technical problems may result in inaccurate information being shown for such things as the availability of products or services, etc. we reserve the right to correct any inaccuracies or typographical errors on our Site (without notice to you), and shall have no liability for such errors. We also reserve the right to make improvements and/or changes to our Site, Site’s features, functionality, Content or to our products and services at any time.
If you see any description you believe to be incorrect, please contact us as described below, and we’ll verify it for you.
Termination
You acknowledge and agree that we will determine your compliance with these Terms of Use in our sole discretion. We reserve the right to deny access to all or part of the Site and to deny access to any person in our sole discretion without notice or liability of any kind. Any violations of these Terms of Use may be referred to law enforcement authorities. Upon termination of your user account or access to this Site, or upon demand by the Company, you must destroy all materials obtained from this Site and all related documentation without delay.
Contact Us
If you have any questions about any portion of these Terms of Use, please send an email with your questions to info@toyoursuccesscoaching.com. We will make every reasonable effort to address your concerns and remedy any problems you bring to our attention. Understand that your use of our Site or its Content will constitute your full acceptance of these Terms of Use even if you have not received a response from us to your questions. Therefore, you are encouraged to NOT use our Site or access its Content until your questions regarding the Terms of Use are answered to your satisfaction and you are in full agreement with our response. ONCE AGAIN, YOUR USE OF THIS SITE AND ACCESS TO ITS CONTENT, PRODUCTS OR SERVICES CONSTITUTE YOUR AGREEMENT WITH THESE TERMS OF USE.
Date of last update to Terms of Use: May 19, 2010
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