The effective date of these Terms of Service is December 1, 2009.
Please read these Terms of Service carefully. These Terms of Service represent a binding contract. By using this website, you agree to all terms and conditions of these Terms of Service. If you do not agree to be bound by any of these Terms of Service, do not use this website.
This website is operated by Succeed, LLC ("Succeed" or "we", "us", or "our"). Succeed makes its website available only subject to your binding agreement to these Terms of Service and your use of the website is wholly voluntary. These Terms of Service govern your use of this website and all of the websites operated by Succeed (unless a different Terms of Service policy is provided on a particular site, in which case such different policy shall control). You agree to these Terms of Service by accessing this website, by acknowledging your agreement to these Terms of Service, by using any features of the website, and/or by accepting any information from this website. Succeed reserves the right in its sole discretion to modify, alter or otherwise change these Terms of Service and you agree to be bound by such modifications, alterations or changes. Succeed will post any changes here, and any changes will become effective immediately upon being posted unless otherwise indicated in the posted Terms of Service. Succeed encourages you to revisit and review the Terms of Service posted here periodically. Your continued use of this website after the posting of any change in the Terms of Service shall constitute your acceptance to be bound by any such changes. You also agree that the form and nature of Succeed's websites may change from time to time without prior notice to you including, without limitation, certain features or functionality no longer being available.
You may be required to provide personally identifiable information to use and /or access certain portions of Succeed's websites. You agree that any information that you provide to Succeed will be accurate and that you will make reasonable efforts to keep that information up to date. Please review Succeed's Privacy Policy, which you also agree to and accept by using this website, and which is specifically incorporated into these Terms of Service.
You may terminate this legal agreement with Succeed at any time by providing notice in accordance with the "Contacting Succeed" section below, closing your Succeed user account (see the "Your Account" section below) and discontinuing any use of Succeed's websites. Succeed may terminate this agreement with you at any time: (a) if you have breached or threatened to breach these Terms of Service; (b) if Succeed is required to do so by law; or (c) Succeed no longer makes Succeed's websites available for any or no reason.
GENERAL USAGE OF THE SUCCEED WEBSITES
You agree that you will:
(a). only use Succeed's websites as permitted by these Terms of Service and as permitted by law; (b). not access, or attempt to access, restricted or registration-required portions of any Succeed website by any means other than the interface provided by Succeed; (c). use any Succeed website to threaten, harass, intimidate, stalk or otherwise abuse another user; (d). not transmit, post, send, upload, distribute, submit or otherwise make available any materials or content that violate any law or that constitute false, harmful, threatening, abusive, tortious, defamatory, libelous, disparaging (including disparagement of Succeed), vulgar, obscene, or pornographic material or material that promotes violence, racial hatred, terrorism or illegal acts, or is otherwise objectionable (as determined by Succeed in its sole discretion); (e). not transmit, post, send, upload, distribute, submit or otherwise make available any content that is unlawful or infringes, violates or misappropriates any patent, trademark, trade secret, publicity right, privacy right, copyright or any other intellectual property rights or any other rights of any third party; (f). not interfere with or disrupt the use and enjoyment of the Succeed websites by Succeed or any third party; (g). not transmit, post, send, upload, distribute, submit or otherwise make available any viruses, Trojan horses or other harmful, disruptive or destructive files or material that interfere with Succeed's or any third party's use and enjoyment of the Succeed websites and any other software, hardware and data; (h). not impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the website or to Succeed, including, without limitation, forging any TCP/IP packet header or any part of the header information in any transmission to a Succeed website for any reason; (i). not transmit, post, send, upload, distribute, submit or otherwise make available through the website any personal advertising, junk mail, spam, chain letters, pyramid schemes or offer for sale of any products or services, except in areas, if any, specifically designated for such purposes; (j). not resell, frame, duplicate, reproduce or otherwise commercially exploit the Succeed websites without the prior written agreement of Succeed; (k). not remove, obscure or alter any proprietary rights notices on any Succeed website or any material obtained from or through any Succeed website; (l). not violate any applicable local, state, federal or international law, rule or regulation.
Certain features of Succeed's websites may be subject to a separate written agreement with Succeed. You agree that that your use of such features will be in accordance with such written agreement to the extent it differs from these Terms of Service.
Succeed will determine your compliance with these Terms of Service in its sole discretion and its decision shall be final and binding. Any violation of these Terms of Service may result in restrictions on your access to all or part of the Succeed websites and may be referred to law enforcement authorities.
YOUR ACCOUNT
In order to purchase products and services or to use certain interactive areas of Succeed's websites, you have the option to create a Succeed user account. You may access your account information and update your account at any time as described in our Privacy Policy. You agree that you are solely responsible for your Succeed user account and any use of your login and password. If you become aware of any compromise of your account information or any unauthorized activity under your Succeed user account, you agree to notify Succeed immediately as set forth in the "Contacting Succeed" section below.
Succeed reserves the right to terminate a user account and / or deny access to Succeed's websites to any person in Succeed's sole discretion for any reason or no reason at all.
OWNERSHIP OF CONTENT AND LICENSE OF YOUR SUBMISSIONS AND POSTING
Succeed's websites and all of the content on Succeed's websites (as updated from time-to-time), including, without limitation, any trademarks, logos, domain names, trade names, service marks and any and all copyrightable material (including source and object code) and/or any other form of intellectual property (collectively, the "Material") are owned by or licensed to Succeed or other authorized third parties and are protected from unauthorized use, copying and dissemination by copyright, trademark, right of publicity and other laws and by international treaties. Nothing contained in these Terms of Service or on the website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Material in any manner without the prior written consent of Succeed or such third party that may own the Material or intellectual property displayed on the website. Unauthorized use, copying, reproduction, modification, publication, republication, uploading, framing, downloading, posting, transmitting, distributing, duplicating or any other misuse of any of the Material is strictly prohibited. You agree not to use the Material for any unlawful purposes and not to violate Succeed's rights or the rights of others. You are advised that Succeed will enforce its rights to the fullest extent of the law. Succeed may add, change, discontinue, remove or suspend any of the Material at any time, without notice and without liability.
You hereby acknowledge and agree that your relationship with Succeed is not a confidential, fiduciary, or other special relationship, and that your decision to submit any material to Succeed does not place Succeed in a position of trust or any position that is any different from the position held by members of the general public with regard to the material you submit. You hereby waive any moral rights (or "droit moral") you may have in and to any materials that you submit to Succeed, even if such material is altered or changed in a manner not agreeable to you.
LINKING
The content of this website is subject to change at any time without notice. By accessing or linking to this website, you assume the risk that the information on this website may be incomplete, inaccurate, out of date, or may not meet your needs and requirements.
The Succeed websites may contain links to third party web sites, including sites that may offer software extensions that work in conjunction with Succeed products. Succeed is not responsible for, and you agree that Succeed will have no liability to you for, the availability, content or performance of any portion of the Internet including other websites to which a Succeed website may be linked or from which a Succeed website may be accessed. The appearance of any link on a Succeed website in no way constitutes an endorsement by Succeed of any third-party products or services.
You may not link to any Succeed website from a site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is otherwise deemed inappropriate, as determined by Succeed in its sole discretion. Succeed reserves the right, in its sole discretion, to terminate a link with any website for any reason or no reason at all, including without limitation any website that Succeed deems to be inappropriate or inconsistent with or antithetical to a Succeed website and/or these Terms of Service.
DISCLAIMERS/LIMITATIONS ON LIABILITY
You understand and agree that the Succeed websites and all material contained or made available on them (including, without limitation, all user posts) are provided and made available solely "AS IS", "AS AVAILABLE", "WITH ALL FAULTS" and without warranties of any kind, either express or implied, including, without limitation, warranties of title or the implied warranties of merchantability, non-infringement or fitness for a particular purpose or those arising by statute or otherwise at law or from a course of dealing or usage of trade. Some jurisdictions do not permit the exclusion or limitation of implied warranties, so the above exclusion may not apply to you. You many have other rights which vary by jurisdiction. When the implied warranties are not allowed to be excluded in their entirety, you agree that they will be limited to the greatest extent and shortest duration permitted by law.
You agree that Succeed and its affiliates, subsidiaries, licensors and assigns, and each of their respective employees, officers, agents and directors (collectively, the "Released Parties"), are not liable to you for damages of any kind, whether based in tort, contract, strict liability or otherwise, including, without limitation, any direct, special, indirect, incidental, consequential or punitive damages arising or resulting in any way from, or in connection with, the Succeed websites, and any other interactive features on any Succeed website, the material posted and made available on any Succeed website, or any errors or omissions in the technical operation of the websites and any materials posted or made available on the Succeed websites, even if the Released Parties have been advised of the possibility of such damages, whether caused in whole or in part by negligence, acts of God, telecommunications failure, theft or destruction of, or unauthorized access to the Succeed websites or any related information or programs. Notwithstanding any other provision in these Terms of Service, in no event and under no circumstances will the Released Parties, or any of them, be liable to you for any reason or any cause of action whatsoever in an amount greater than Ten United States Dollars ($10.00). Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, or have legislation which restricts the limitation or exclusion of liability, so the above limitation may not apply to you.
By accessing any Succeed website subject to these Terms of Service, I understand that I am waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, I acknowledge that I have read and understand, and hereby expressly waive, the benefits of Section 1542 of the Civil Code of California, and any similar law of any State, Country or territory, which provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
Succeed makes no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions, statements or recommendations contained on the Succeed websites. Reference to any third-party product or service does not constitute or imply its endorsement or recommendation by Succeed. Views and opinions of users (including the weblogs of Succeed employees) of Succeed's websites do not necessarily state or reflect those of Succeed, LLC.
The Internet is inherently insecure. Succeed expressly disclaims any and all liability, and you agree that Succeed will not be liable to you in any way arising from or related to any damage resulting to any computer or data from any security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, telecommunications failure or any other technical malfunction. You should also be aware that email submissions over the Internet may not be secure, and you should consider this before e-mailing Succeed any information. Succeed makes no representation or warranty whatsoever regarding the suitability, functionality, availability or operation of the Succeed websites. A Succeed website may be temporarily unavailable due to maintenance, malfunction of computer equipment or any other reason.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless Succeed, its affiliates, subsidiaries, licensors and assigns, and their respective officers, directors, agents and employees from and against any claims, suits, losses, damages, fines and expenses (including attorneys' fees and costs) arising out of or in any way related to your use of the Succeed websites or any materials downloaded, obtained, used or otherwise accessed or acquired through any Succeed website: (i) in breach of these Terms of Service or in violation of any law or regulation; (ii) that attempts, commits or results in any actual or alleged infringement, misappropriation or violation of any third party's rights; and / or (iii) in breach of any agreement between you and any third party. Succeed reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such matter without the prior written consent of Succeed. This indemnification section will survive any termination or expiration of these Terms of Service.
LOCATION
Succeed operates its websites in the United States. Information contained on Succeed's websites may not be appropriate or available for use in other locations, and access to this website from territories where the content of the website may be illegal is prohibited. If you access this website form other locations, you do so on your own initiative and you are solely responsible for compliance with applicable local laws. These Terms of Service shall be construed and enforced in accordance with the laws of the State of Indiana, without regard to its conflicts of law principles. You agree that any lawsuit filed by you with respect to the Terms of Service and / or your use of any Succeed website must be filed exclusively in the County of Boone, State of Indiana.
CONTACTING SUCCEED
Any questions or concerns regarding these Terms of Service should be directed to: Succeed.LLC@mac.com, or via mail to Succeed, LLC, attn: Terms of Service, 4348 Sedge Court, Zionsville, IN 46077.
GENERAL TERMS
Succeed's failure to exercise, or delay in exercising, any of Succeed's rights under these Terms of Service will not constitute or be deemed a waiver or forfeiture of those rights. These Terms of Service are the entire agreement between you and Succeed concerning your use of Succeed's websites and they supersede any prior or contemporaneous written or oral agreements with respect to the subject matter, and may not be amended or modified except by subsequent agreement in writing by you and an officer of Succeed.
ENROLLMENT TERMS
By submitting this form and clicking the "REGISTER" button, you assume full responsibility for all charges incurred hereunder and, without limitation, authorize Succeed, LLC ("Succeed") to charge your credit card given by you. Additionally, you authorize your bank to make payment to Succeed by the method indicated.
You understand there will be no partial payments or refunds permitted for your failure to attend the service(s) for which you enrolled. Also, there will be no partial or temporary enrollment suspensions or reductions in monthly fees due to causes beyond Succeed's reasonable control. In the event that Succeed cancels class due to inclement weather or emergency, you will receive an account credit equal to the original purchase price of the class. This credit may be applied to future Bodywise classes.
You have read and fully understand the Terms of Service as set forth and agree to be bound by these provisions. By clicking on "REGISTER", you are providing Succeed with your digital signature and understand that you have entered into a legally enforceable agreement.
ENROLLMENT OPTIONS
You understand that enrollments and payments must be made in advance, either online, by phone or by U.S. Mail. Furthermore, you understand that any sessions you purchase are non-transferable and may only be used by you, the registrant. In the event you wish to participate in multiple classes within the same calendar month, you agree to register for and purchase sessions for each individual class. At the time of your enrollment, you must choose from one of the options listed below and must do so for each class in which you are enrolling:
Monthly Sessions: This enrollment is for any number of regularly scheduled monthly sessions for the enrolled class. Your enrollment expires at the end of the calendar month in which you have enrolled. If you wish to re-enroll, you agree to register prior to the first day of the month. You understand that with thirty days prior written notice to you, Succeed may increase their fee schedule effective as of the next calendar month for which you are enrolled.
Semester Sessions: This enrollment is for any number of regularly scheduled sessions for the enrolled class. Your enrollment expires at the end of the semester in which you have enrolled, in accordance with the MSD of Wayne Township school calendar. You understand that with thirty days prior written notice to you, Succeed may increase their fee schedule effective as of the next calendar month for which you are enrolled.
ENROLLMENT CHANGES OR CANCELLATION
Succeed will be making instructor and venue commitments based on participant enrollment. You understand there will be no partial payments or refunds permitted for your failure to attend the service for which you enrolled. Also, there will be no partial or temporary enrollment suspensions or reductions in monthly fees due causes beyond Succeed's reasonable control. In the event that Succeed cancels class due to inclement weather or emergency, you will receive an account credit equal to the original purchase price of the class. This credit may be applied to future Bodywise classes.
NOTICES TO SUCCEED, LLC
All notices to Succeed must be in writing and may be delivered by either U.S. Mail or e-mail to the following addresses:
E-mail: Succeed.LLC@mac.com
U.S. Mail: Succeed, LLC, c/o Chris Dean ,4348 Sedge Court, Zionsville, IN 46077
Please note that Succeed will provide an e-mailed acknowledgment of any e-mailed notices it receives. No e-mail notice to Succeed will be deemed given or received without an acknowledgement issued by Succeed. Notice may not be given by telephone.
ADDITIONAL FEES
In the event your payment, whether by credit card or check, is returned for any reason, you agree to pay Succeed a $25.00 non-sufficient funds (NSF) fee for each returned item. Furthermore, you agree that any NSF fee and other fees (including, without limitation, collection costs) that you may owe may be automatically charged to your credit card or other payment method. You agree that you are responsible for any payments not processed by your credit card issuer. You agree to pay any collection cost that Succeed may incur, including any reasonable attorney's fees. You understand that, in the event any payment or fee is not promptly made, Succeed may suspend their services without waiving any other right that Succeed may have.
SERVICE LIMITATIONS
You understand that Succeed has the right to suspend and/or terminate your participation in any Program for any cause or reason, including your non-payment of fees, or for any behavior deemed by Succeed to be harmful or inappropriate. Your termination may be without any refund of any fees you may have paid.