Last updated: June 12, 2018
The terms and conditions set forth below (the "Terms") are a legal contract between you and Success Wizard, Inc. (“Success Wizard,” “we" or “us”) and govern your access to, and use of, the Success Wizard website located at www.successwizard.com, together with the software and services available through this website (collectively, the "Site"), Success Wizard’s mobile device applications (the "Apps"), and consulting services (collectively, the “Services”). If you do not agree with any of these Terms, do not access or otherwise use the Services or any information contained on the Services. Your use of the Services shall be deemed to be your agreement to abide by each of the Terms set forth below.
By registering to use the Services, you warrant that: (i) you will provide Success Wizard with accurate, current and complete registration information; (ii) you will maintain and promptly update any registration information you provide to Success Wizard; and (iii) you are not under the age of 18.
2. General Use Restrictions
Success Wizard provides personal development, goals setting, life coaching and personal management tools, applications and services on and through the Services, including content, logos, graphics and images (together, the "Materials"). 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 Services 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 the Services or any Materials.
3. Your Content
You warrant that you have all rights to any content that you submit or upload to the Services ("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 Services.
4. Password Restricted Areas of this Site
You may need a password to login to the Services and to use certain functions and areas within the Services. You are responsible for maintaining the confidentiality of your password and account, and you 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 the Services known to you.
By signing up for one of Success Wizard’s subscription plans (a “Subscription”), you are expressly agreeing that Success Wizard may 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 Services. Subscriptions purchased through an App will be billed through your App Store or Google Play account and according to their respective payment terms and conditions. Subscriptions and other services purchased through the Site will be billed to the credit card or PayPal account you provide. All payments will be made 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 preferred payment method for any reason in advance of the applicable period, Success Wizard reserves the right to either suspend or terminate your access to the Services and terminate these Terms.
Your Subscription will be billed in advance and will auto-renew until you cancel or change your Subscription plan. If you cancel your Subscription, Success Wizard will not refund any fees paid for the current Subscription period. If you change your Subscription plan after you have already paid for a Subscription period, your payment under your new Subscription plan will be adjusted to account for your earlier payment, with Success Wizard either crediting your account or requiring additional payment. Coaching service fees for completed coaching sessions are not refundable.
6. Electronic Communications
By using the Services, 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 Services. These electronic communications are part of your relationship with Success Wizard and you receive them as part of your Subscription to the 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.
8. Third Party Content
Certain information and other content 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.
9. Links to Third Party Sites
The Services and the emails we send you may link to other sites that are not Success Wizard sites. Success Wizard is providing these links and complementary products and services to you only as a convenience, and Success Wizard is not responsible for such linked sites and their offerings, including, without limitation, the content or links displayed on such sites. Any purchase you make on a third-party site is your responsibility.
10. Content Uploaded to the Site
As part of our Services, you may elect to "share" certain parts 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. Once you invite other users to access and share your data, they will be able to see and change the personal information you choose to share with them.
11. Unauthorized Activities
Unauthorized use of any Materials or Third Party Content contained on the Services 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 the Services, or the use of the Services by any person using your user name and/or password, violates any applicable law or regulation, or the intellectual property 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 the Services.
12. Proprietary Rights
Success Wizard is a trademark of Success Wizard in the United States. Other trademarks, names and logos on the Services are the property of their respective owners.
All content appearing on or available through the Services, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Success Wizard or its licensors. All rights not expressly granted herein are reserved. Except as expressly authorized by these Terms, or 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 licensor.
13. Copyright and Trademark Infringements
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 the Services 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 Services, 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.
- 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 on the Services, 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 an email address.
- 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 the Services can be reached as follows:
425 El Pintado Road, Suite 150
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.
14. Disclaimer of Warranties
your use of the services is entirely at your sole risk. Success Wizard, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SERVICES, MATERIALS, OR THIRD PARTY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON the services AND/OR THE RESULTS OBTAINED FROM THE USE OF the services, INCLUDING WITHOUT LIMITATION THE MATERIALS AND THE THIRD PARTY CONTENT. SPECIFICALLY, Success Wizard MAKES NO EXPRESS OR IMPLIED REPRESENTATION THAT THE USE OF THE SERVICES WILL RESULT IN YOUR ACHIEVEMENT OF ANY GOALS OR PLANS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, MATERIALS, THIRD PARTY CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SERVICES 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.
15. 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 TO OR FROM the services. IN NO EVENT SHALL Success Wizard BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR RELATING TO THE SERVICES, EVEN IF Success Wizard KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
16. Local Laws; Export Control
Success Wizard controls and operates the Services from its headquarters in the United States of America, and the Materials and/or Third Party Content may not be appropriate or available for use in other locations. If you use the Services 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 the Services 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 the Services will be heard in the courts located in Contra Costa County in the State of 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 the Services. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
If you have any questions regarding these Terms, please contact us via email at contact@SuccessWizard.com