Terms of Service
Effective Date: September 9, 2011
Thank you for visiting Everydaysuccess.com. The following Terms of Service ("TOS") contain the terms and conditions that govern your use of the website http://www.Everydaysuccess.com (the Website). These TOS set forth the agreement between you (“Site User”) and Jensen Communications LLC a Colorado limited liability company (“Jensen”) (collectively, the “Parties”) concerning the respective rights and responsibilities of the Parties arising from your use of the Website and Services. Your use of the Website constitutes your acceptance of these TOS. You may not use the Website until you review and agree to these TOS.
Jensen offers various Internet-based Services through the Website (the "Services"). Such Services include but are not limited to providing webinars and web based content concerning information for personal growth and financial success, downloadable fee based content concerning personal growth and financial success, and the on-line sale of written materials concerning personal growth and financial success. Jensen reserves the right to add or delete any of its Services at any time. Users who would like to utilize the fee based Services must establish a user account. Jensen may, at its option offer a number of other additional Services in the future through its Website including but not limited to on-line chat groups and forums, message boards and customizable on-line user profiles . If additional Services are offered, Jensen may in its sole discretion adopt additional rules, regulations, or terms of service concerning the additional Services.
2. License for Services and Website
Jensen grants you a personal, non-transferable, limited, revocable license to access and use the Website and the Services for their intended purposes only, subject to your compliance with these TOS. You may not collect or otherwise use information contained on the Website for any purpose which is not directly related to your use of the Website or Services, including, but not limited to any Prohibited Purpose as determined by Jensen. Examples of “Prohibited Purposes” as used in this Section include but are not limited to the creation of unauthorized derivative works based on the Website, making copies of the Website for purposes other than standard web browser cacheing, or use of the information for the purpose of competing with Jensen. Any use of the Services or the Website that violates the TOS or the limited license contained herein, may result in the immediate, without prior notice, termination and revocation of the license granted to you.
3. Rules & Policies
3.1 Prohibited Uses
Under the limited license granted in Section 2 above, you may only use the Services as expressly permitted by Jensen. Prohibited uses include, but are not limited to the following:
1) any use that interferes with a third parties ability to use or enjoy the Services;
2) any use of the Services that threatens, harasses, or intimidates any other User of the Services or any third party;
3) impersonating another individual or entity;
4) any use of spiders, robots, or any other device or process to monitor the activity on or copy pages from the Website, except in the operation or use of web page search engine functions or hit counters contained on your Site Customer profile;
5) reverse engineering, decompiling, or disassembling any software or other technology used in conjunction with the Website or the Services;
6) collecting or attempting to collect any electronic information concerning any Users or Viewers of the Services or Website, such as email addresses or other Personal Information unless such collection is done in conjunction with the legitimate conduct of business;
7) interfering with or disrupting the Website or Services by using viruses, spyware, or any other programs or technology designed to disrupt or damage any software or hardware;
8) use of any meta tags, search terms, key terms, or keywords which contain Everydaysuccess.com's name, trademarks, or the unauthorized use of any name or trademarks of any other person or entity;
9) any use or action that directly or indirectly assists or encourages any third party to engage in the above mentioned prohibited uses or otherwise violate these TOS.
4. Representations and Warranties
4.1 Representations and Warranties of the Parties
The Parties represent and warrant to each other that: (i) they have the full power and authority to enter into and perform under these TOS, (ii) the execution and performance of their obligations under these TOS does not constitute a breach of or conflict with any other agreement or arrangement by which either party is bound, and (iii) these TOS are a legal, valid, and binding obligation of the parties entering into these TOS, enforceable in accordance with their terms and conditions.
4.2 User Representations and Warranties
You represent and warrant to Jensen. that your use of the Services will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity, or any other legal right of any third party and will comply with all applicable laws, rules, and regulations. You further represent and warrant to Jensen that you are the true owner of any User Supplied Content and that the content is free from any and all liens, encumbrances, or any other restrictions on your right to display or use the content, and that there are, to the best of your knowledge, no pending or threatened claims, demands, or litigation concerning any of the User Supplied Content. Furthermore, you represent to Jensen that Jensen will not be required to make any payments such as licensing fees or royalties to any third party in connection with the User Supplied Content. Lastly, you warrant that the User Supplied Content does not violate Section 3.1 of this TOS.
5. Warranty Disclaimer
JENSEN PROVIDES THE WEBSITE AND THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. JENSEN DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, THE SERVICES OR THEIR USE: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS. JENSEN MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION: WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT.
6.1 EXCLUSION OF DAMAGES
JENSEN WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA, OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO, OR CONNECTED WITH THE USE OF SERVICES, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6.2 LIMITATION OF LIABILITY
EXCEPT FOR A BREACH OF A PARTY'S REPRESENTATIONS AND WARRANTIES UNDER THESE TOS OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THESE TOS, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY IN CONNECTION WITH THESE TOS EXCEED THE AMOUNTS PAID, IF ANY, TO THE OTHER DURING THE PREVIOUS SIX MONTHS.
You will indemnify and hold Jensen and its employees, representatives, agents, affiliates, directors, officers, managers, and shareholders (the "Indemnified Parties") harmless from any damage, loss, or expense, including without limitation, attorneys' fees and costs, incurred in connection with any third-party claim, demand, or action (a "Claim") brought against any of the Indemnified Parties alleging that you have breached any of these TOS through any act or omission. If you are required to indemnify Jensen under this Section, Jensen will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without Jensen’s prior express written consent.
Jensen may suspend or terminate your use of the Website or the Services if it believes, in its sole and absolute discretion, that you have breached a term of these TOS. Notwithstanding Jensen’s termination of your permission to use the Website or Services, these TOS will survive indefinitely unless and until Jensen chooses to terminate them. If you or Jensen terminates your use of the Website or the Services, Jensen may delete any User Supplied Content or other materials relating to your use of the Services on Jensen's servers or otherwise in its possession and Jensen will have no liability to you or any third party for doing so.
All notices required or permitted to be given under these TOS will be in writing and delivered to the other party by any of the following methods: (i) U.S. mail, (ii) overnight courier, (iii) electronic mail or (iv) if notice is given by Jensen, by a posting on the main page of the Website. If you give notice to Jensen, you must use the following address: support@Everydaysuccess.com. If Jensen provides notice to you, Jensen will use the contact information provided by you to Jensen.. All notices will be deemed received as follows: (i) if by delivery by U.S. mail, seven (7) business days after dispatch, (ii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iii) if by electronic mail, 24 hours after the message was sent, if no "system error" or other notice of non-delivery is generated. If applicable law requires that a given communication be "in writing," you agree that email communication will satisfy this requirement.
10. Dispute Resolution
Any action relating to these TOS, the Services, or your use of the Services will be brought in a federal or state court located in the City and County of Denver, Colorado. Each party hereby irrevocably submits to the personal jurisdiction of the Federal and Colorado State courts in the City and County of Denver, Colorado. By entering into these TOS, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claim arising out of, relating to, or connected with these TOS or your use of any part of the Services or the Website must be asserted individually. Notwithstanding anything to the contrary in this Section, Jensen may seek equitable relief, including, without limitation, injunctive relief and specific performance, without the requirement of posting a bond or other security or proving money damages are insufficient, from a court of competent jurisdiction.
11. Choice of Law
These TOS, and any other Agreement incorporated by reference in these TOS shall be governed by laws of the State of Colorado, without regard to its conflicts of laws principals.
The TOS will be binding upon each party hereto and its successors and permitted assigns. These TOS cannot be assignable or transferable by you without the prior written consent of Jensen.
13. Entire Agreement
These TOS, all of the policies and other Agreements mentioned in these TOS, which are each hereby incorporated herein by reference, contain the entire understanding of the parties regarding its subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter.
14. No Waiver
No failure or delay by a party in exercising any right, power, or privilege under these TOS will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.
15. No Partnership or Joint Venture
You and Jensen are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these TOS.
The invalidity or unenforceability of any provision of these TOS will not affect the validity or enforceability of any other provision of these TOS, all of which will remain in full force and effect.
17.1 Intellectual Property Rights
All intellectual property rights and all other rights, title, and interest in and to the Services and Website, except as expressly provided for in the TOS are and shall remain the exclusive property of Everydaysuccess.com. Such rights include, but are not limited to, any and all trademark rights including rights to the marks EVERYDAYSUCCESS.COM, EVERYDAY SUCCESS, all copyrights in and to the Website, and any proprietary rights used in providing the Service, including, but not limited to computer software and hardware interfaces. You cannot acquire any right, title, or interest in or to the above mentioned rights through your use of the Services or Website under this TOS or otherwise
17.2 Rights to Submissions and Other Information
By your use of the Services or Website, you consent and agree that any questions, comments, suggestions, ideas, or any other information whether submitted via email, telephone, US mail, Fax, contest submission, or appearing on any message board or chat group, excluding any User Supplied Content as defined herein (collectively "Submitted Information"), you hereby grant Jensen permission to use such Submitted Information for marketing and other promotional purposes without any payment to you, including the right to sublicense. Furthermore you agree that Jensen will have no obligation to keep any Submitted Information confidential. You will not bring a claim and hereby forever waive any and all claims against Jensen based on “droit moral”, moral rights, or any other legal or equitable theory from Jensen’s use of the Submitted Information.
In order to use the Services, you must be of sufficient age that you can lawfully enter into and form contracts under applicable law (generally 18 years of age). If you are under the age of 18, but at least 13 years of age, you may use the Services only under the supervision of a parent or legal guardian who agrees to be bound by these TOS. The Services are not intended for and may not be used by children under the age of 13.
Jensen reserves the right, but does not assume the obligation, to monitor transactions and communications that occur through the Website. If Jensen determines, in its sole and absolute discretion, that you or another Website User will breach a term or condition of these TOS or that such transaction or communication is inappropriate, Jensen may cancel such transaction or take any other action to restrict access to or the availability of any material that may be considered objectionable, without any liability to you or any third party.
17.5 Modification of the Service
Jensen reserves the right to add, delete and/or modify any of the terms and conditions contained in this TOS, at any time and in its sole discretion, by posting a change notice or a new agreement on the Website without any further notice to you. For certain changes to the TOS, Jensen may, at its option, notify you by email at the email address in our then current records. If any modification is unacceptable to you, your only recourse is to discontinue the use of our Website and Services. Your continued use of the Website following the posting of a change notice or new TOS on the Website will constitute affirmative and binding acceptance by you of the changes.
17.6 Third-Party Services
17.7 Compliance with TOS and Applicable Law
You must comply with all of the terms and conditions of these TOS, the applicable agreements and policies referred to above, and all applicable laws, regulations, and rules when you use the Services and the Website.