Terms and Conditions
This User Agreement ("Agreement") is between Antwoord42, LLC, a California limited liability company, doing business as “SuccessHACKER” ("SuccessHACKER") and the person or entity that has signed up for a subscription to the SuccessHACKER SuccessCOACHING website ("you," "your" or "yours"). This Agreement sets forth the general terms and conditions of your use of the SuccessHACKER and SuccessCOACHING website ("Website") and the products and services purchased or accessed through the Website (individually and collectively, the "Services"), and is in addition to (not in lieu of) any specific terms and conditions that apply to the particular Services. By signing up for SuccessHACKER services you are agreeing to comply with and be bound by all the terms of this Agreement.
Sign Up Page Registration and Accounts
The Website contains many features, including the capacity to allow uploading, downloading and streaming of certain photographic, video and written educational content. In order to use such features, you and your users (“Named User”) must first register with SuccessHACKER. A Named User may register with SuccessHACKER and create an account ("Account") or have an Account created by SuccessHACKER by providing to SuccessHACKER fully accurate information as SuccessHACKER may reasonably require, including without limitation, name, street address, credit card number (for payment authority), email address, zip code and gender. Every Named User agrees to keep all of their account information updated and correct and to notify SuccessHACKER immediately of any changes to their Account, including their.personal information. A Named User Account is personal and may not be shared or allow it to be used by anyone other than the user named on the Account. Named Users are solely responsible to ensure that their Account is used only by the user named on the Account and in a manner consistent with this Agreement. SuccessHACKER shall allow each Named User to select a username and password for their Account, subject to SuccessHACKER's rules. Each Named User agrees to keep such username and password confidential, and not allow any third party to access or use such username or password. Each Named User agrees to indemnify and defend SuccessHACKER and hold SuccessHACKER harmless from and against any losses or liabilities arising from any disclosure or unauthorized use of your username or password.
Fees and Payment
You will be charged certain fees as described on the sign up page ("Fees") for your use of the Services pursuant to this Agreement, which Fees may include an initial Fee and additional periodic Fees on a monthly or other basis. SuccessHACKER reserves the right to change or modify its Fees at any time, and such changes or modifications shall be posted online at the Website and effective immediately without need for further notice to you. However, if you have purchased or ordered Services for a specified period of months or years, any subsequent changes or modifications in prices and fees for such services shall be effective only when such period expires. The amount of such Fees may depend on the type of Account you create, and SuccessHACKER may from time to time offer "Premium" or other different types of accounts which will have a higher Fee than other accounts. All fees are in U.S. Dollars (USD). We are not responsible for any exchange rate variances, currency fluctuations, third party charges or fees associated with payment by any currency other than U.S. Dollars.
You may pay for Services by providing a valid credit card for monthly fees or by using a valid credit card or ACH/EFT for prepayment of annual fees. SuccessHACKER will not accept checks or establish any direct debit or payment from a bank account. SuccessHACKER will automatically charge all Fees for selected Services and charge the primary credit card on file for your Account. Confirmation of that order will be sent to the email address on file for your Account. Your credit card on file must be kept valid if you have any active Services in your Account. If you purchase any other services from the Website, including, without limitation, any downloads, streaming video access, or educational programs, the amounts you will pay for such services will also be deemed Fees, and will be charged as set forth above.
If you are being billed on a monthly basis, your monthly billing date will be based on the date of the month you purchased the Services unless that date falls after the 28th of the month, in which case your billing date will be the 28th of each month. If you are being billed on an annual basis, your billing date will be the date of the year you purchased the Services and each subsequent anniversary date, as applicable.
All Fees are non-refundable, even if your Services are cancelled by you or otherwise suspended or terminated prior to the end of the Services term. With respect to any monthly plan, SuccessHACKER will charge your credit card the difference between the remainder of fees due to complete the 12-month payment commitment as an early cancellation fee for any cancellation before the completion of the 12 months of monthly Services.
SuccessHACKER may from time to time offer the opportunity to create a temporary Account on a limited "trial" basis and without any applicable Fees or offer the ability to cancel without penalty during the trial period. Any such offer and temporary Account shall be subject to the terms of this Agreement and any such other terms as SuccessHACKER may require.
Automatic Renewal for Annual or Monthly Contracts that Are Not Pre-Paid
IN ORDER TO ENSURE THAT YOU DO NOT EXPERIENCE AN INTERRUPTION OR LOSS OF SERVICES, WE OFFER AN AUTOMATIC RENEWAL OPTION FOR THOSE SERVICES OFFERED ON AN ANNUAL OR MONTHLY PLAN, OTHER THAN THOSE SERVICES FOR WHICH A ONE-TIME UP-FRONT PAYMENT IN FULL OF THE ANNUAL OR MONTHLY FEE HAS BEEN MADE. UNLESS OTHERWISE INDICATED, AUTOMATIC RENEWAL IS THE DEFAULT SETTING FOR ALL OF OUR SERVICES, OTHER THAN THOSE SERVICES FOR WHICH A ONE-TIME UP-FRONT PAYMENT IN FULL OF THE ANNUALOR MONTHLY FEE HAS BEEN MADE. THEREFORE, UNLESS YOU REQUEST IN WRITING THAT WE DISABLE THE AUTOMATIC RENEWAL OPTION OR NOTIFY US THAT YOU PLAN TO CANCEL THE SERVICES AT LEAST 30 DAYS PRIOR TO THE EXPIRATION OF THE INITIAL SERVICE TERM, SUCCESSHACKER WILL AUTOMATICALLY RENEW THE APPLICABLE SERVICE WHEN IT COMES UP FOR RENEWAL AND WILL TAKE PAYMENT FROM THE PAYMENT METHOD YOU HAVE ON FILE WITH SUCCESSHACKER AT SUCCESSHACKER’S THEN CURRENT RATES, WHICH YOU ACKNOWLEDGE AND AGREE MAY BE HIGHER OR LOWER THAN THE RATES FOR THE ORIGINAL SERVICE PERIOD. SHOULD YOU ELECT TO DISABLE THE AUTOMATIC RENEWAL OPTION AND FAIL TO MANUALLY RENEW YOUR SERVICES BEFORE THEY EXPIRE, YOU MAY EXPERIENCE AN INTERRUPTION OR LOSS OF SERVICES, AND SUCCESSHACKER SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY REGARDING THE SAME. IN ADDITION, CANCELLATION OF THE SERVICES FOLLOWING THE AUTOMATIC RENEWAL IS SUBJECT TO THE TERMS OF SUBSECTION D ABOVE. FURTHERMORE, SUCCESSHACKER MAY PARTICIPATE IN "RECURRING BILLING PROGRAMS" OR "ACCOUNT UPDATER SERVICES" SUPPORTED BY YOUR CREDIT CARD PROVIDER (AND ULTIMATELY DEPENDENT ON YOUR BANK’S PARTICIPATION). IF YOU ARE ENROLLED IN AN AUTOMATIC RENEWAL OPTION AND WE ARE UNABLE TO SUCCESSFULLY CHARGE YOUR EXISTING PAYMENT METHOD, YOUR CREDIT CARD PROVIDER (OR YOUR BANK) MAY NOTIFY US OF UPDATES TO YOUR CREDIT CARD NUMBER AND/OR EXPIRATION DATE, OR THEY MAY AUTOMATICALLY CHARGE YOUR NEW CREDIT CARD ON OUR BEHALF WITHOUT NOTIFICATION TO US. IN ACCORDANCE WITH RECURRING BILLING PROGRAM REQUIREMENTS, IN THE EVENT THAT WE ARE NOTIFIED OF AN UPDATE TO YOUR CREDIT CARD NUMBER AND/OR EXPIRATION DATE, SUCCESSHACKER WILL AUTOMATICALLY UPDATE YOUR PAYMENT PROFILE ON YOUR BEHALF. SUCCESSHACKER MAKES NO GUARANTEE THAT WE WILL REQUEST OR RECEIVE UPDATED CREDIT CARD INFORMATION. YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO MODIFY AND MAINTAIN YOUR ACCOUNT SETTINGS, INCLUDING BUT NOT LIMITED TO (I) SETTING YOUR RENEWAL OPTIONS AND (II) ENSURING YOUR ASSOCIATED PAYMENT METHOD(S) ARE CURRENT AND VALID. FURTHER, YOU ACKNOWLEDGE AND AGREE THAT YOUR FAILURE TO DO SO, MAY RESULT IN THE INTERRUPTION OR LOSS OF SERVICES, AND SUCCESSHACKER SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY REGARDING THE SAME.
Any late payment of Fees shall be subject to an interest charge of one and one-half percent (1.5%) per month on all Fees owed and unpaid, or the highest rate allowed by law, whichever is lower.
If for any reason SuccessHACKER is unable to charge your Payment Method for the full amount owed for the Services purchased or ordered by you, or if SuccessHACKER receives notification of a chargeback, reversal or payment dispute, or is charged a penalty for any fee it previously charged to your Payment Method, SuccessHACKER may deem such nonpayment or penalty a material breach of this Agreement by you. If such breach is not cured by you within 10 days after receiving notice from SuccessHACKER, SuccessHACKER may suspend any or all Services. If such breach is not cured by you within 30 days after receiving notice from SuccessHACKER, SuccessHACKER may pursue all available lawful remedies in order to obtain payment, and may immediately, without further notice to you, terminate any or all Services and/or purge SuccessHACKER’s systems of your Account and records. SuccessHACKER also reserves the right to charge you reasonable administrative fees or processing fees up to $150.00 for (i) tasks SuccessHACKER may perform outside the normal scope of its Services, (ii) additional time and/or costs SuccessHACKER may incur in providing its Services, and/or (iii) your noncompliance with this Agreement (as determined by SuccessHACKER in its sole and absolute discretion). Typical administrative or processing fee scenarios include, but are not limited to (i) customer service issues that require additional personal time or attention and (ii) recouping any and all costs and fees, including the cost of Services, incurred by SuccessHACKER as the results of chargebacks or other payment disputes brought by you, your bank or Payment Method processor. These administrative fees or processing fees will be billed to the Payment Method you have on file with SuccessHACKER.
If your account has been suspended or cancelled, you must cure any default before SuccessHACKER will reinstate your Account and continue providing the Services. If you request reinstatement after your account has been suspended or cancelled for 10 days or more, SuccessHACKER will charge a $50.00 reinstatement fee to your primary Payment Method.
Use of the Website
The Website contains a forum in which text, photographs, online videos and other educational materials are presented ( "SuccessCOACHING").
Discussion Board and Blog
The Website contains a discussion forum (the "Discussion Board") in which you may post questions regarding the educational content, and in which you may comment upon or answer questions posted by others. The Website also contains a weblog ("Blog") which contains commentary and information from SuccessHACKER, and on which you may also comment. Your questions, answers and comments with respect to the Discussion Board and the Blog are referred to collectively as "Commentary."
SuccessHACKER makes available on the Website certain educational videos ("Stock Material"). Such Stock Material shall belong solely to SuccessHACKER or its licensors.
By submitting Commentary to SuccessHACKER, you hereby grant SuccessHACKER a worldwide, non-exclusive, royalty-free, paid-up, sublicensable, perpetual, irrevocable and transferable license to use, reproduce, distribute, prepare derivative works of, display such Commentary in connection with the Website and SuccessHACKER's (and its successors' and affiliates') businesses. You understand and agree that SuccessHACKER may retain indefinitely copies of Commentary that have been removed by SuccessHACKER from the Website.
In connection with Commentary and your use of the Website, you agree that you will not submit material that is illegal, inaccurate, hateful, racist, offensive, vulgar, obscene, indecent or objectionable. In connection with Commentary, you also agree that you will not submit material that is copyrighted by, protected by trade secrets of or otherwise subject to the proprietary rights (including, without limitation, privacy and publicity rights) of, any third party, unless you have permission from that third party to do so and to grant SuccessHACKER all of the license rights granted herein. You agree that SuccessHACKER shall be the sole arbiter of whether any Commentary are in breach of any and all of the foregoing obligations. You further understand and agree that the Website (including, without limitation, the Digital Campus, the Discussion Board and Blog, and further including without limitation any and all Commentary) may include information that is inaccurate or incomplete.
SuccessHACKER does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and SuccessHACKER reserves the right to remove any and all Commentary without notice.
Any use of the Website through your Account or otherwise must conform to the following:
You will not copy or redistribute any part of the Website or any content appearing on or visible through the Website, including, without limitation, any Commentary, and SuccessHACKER owns all right, title and interest thereto.
Except for permitted Commentary, you will not change, remove or add to any part of the Website.
You will not gain access to or view Stock Material through any technology or means other than interface pages of the Website itself.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "worms," "Trojan horses," or other automated programs to access the Website. You will not obtain or attempt to obtain any personally identifiable information from any other users or third parties from the Website.
You agree that SuccessHACKER may add to, delete from or modify the Website at any time without notice and without permission from you or any third party.
You agree that the content on the Website and the trademarks and service marks on the Website are owned by or licensed to SuccessHACKER, and that you have no license or other rights of use with respect to the same.
You may access others' Commentary on the Website solely for your own use. WE DO NOT MONITOR, VET OR EDIT, AND ARE NOT RESPONSIBLE FOR, ANY COMMENTARY ON THE WEBSITE, AND YOUR USE OF, OR RELIANCE ON, ANY SUCH COMMENTARY ON THE WEBSITE IS AT YOUR SOLE RISK.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Website, and you will not impersonate any third party or interfere with any third party's use of the Website.
You agree to defend, indemnify and hold harmless SuccessHACKER, its parent, officers, directors, employees and agents, from and against any and all claims, damages, threats, suits, proceedings, losses and liabilities (including attorneys' fees) arising from or related to: (i) your use of and access to the Website; (ii) your violation of this Agreement; (iii) your violation of any third party right, including, without limitation, any copyright, property or privacy right; or (iv) any claim that one of your Commentary caused damage to a third party. This defense and indemnification obligation will survive the expiration or termination of this Agreement.
Content and Commentary
SuccessHACKER may terminate your Account and your access to the Website at any time and for any reason. SuccessHACKER reserves the right in its sole discretion to decide whether Commentary is appropriate and comply with this Agreement.
Notices If you are a copyright owner or an agent thereof and believe that any part of the Website infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing SuccessHACKER's Copyright Agent (identified below) with the following information in writing:
A physical or electronic signature of a person authorized to act on behalf of the owner of the work that is allegedly infringed;
Identification of the copyrighted 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;
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 and information reasonably sufficient to permit SuccessHACKER to locate the material;
Information reasonably sufficient to permit SuccessHACKER to contact you, such as an address, telephone number or 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 owner, its agent or the law; and
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.
Copyright Agent. SuccessHACKER's designated Copyright Agent to receive notifications of claimed infringement is: Andrew Marks, email: firstname.lastname@example.org. Only claimed infringement notifications may be sent to the Copyright Agent.
We are committed to protecting the privacy of children. You should be aware that our sites are not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.
You understand and agree that perfect security does not exist anywhere, and you will therefore protect your personal information in a reasonable way at all times. Accordingly, you will not recklessly disclose or publish your personal information to those that would reasonably be expected to improperly use or disclose that personal information.
Limitation of Liability
IN NO EVENT SHALL SUCCESSHACKER BE LIABLE TO YOU OR ANY PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWEVER AND WHEREVER ARISING. IN NO EVENT SHALL THE TOTAL LIABILITY OF SUCCESSHACKER UNDER THIS AGREEMENT OR REGARDING THE WEBSITE EXCEED FIVE HUNDRED DOLLARS ($500.00). Some jurisdictions do not allow certain limitations of damages so the foregoing may not apply to you.
If you have a dispute with one or more users of the Website, including (without limitation) with respect to any posting, commentary or other content posted or otherwise provided by any such user on or through the Website, you release, remise and forever discharge SuccessHACKER and its affiliates (and all officers, directors, employees, members, shareholders, managers, counsel, insurers, representatives, and agents thereof) from any and all claims (monetary or otherwise), demands, lawsuits, attorneys' fees, costs, losses, liabilities and/or causes of action, whether under contract, tort, or any other theory of legal liability, and whether presently known or unknown, accrued, liquidated or contingent, arising out of or in any way connected with such dispute. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Jurisdiction and Venue
This Agreement shall be subject to the laws of the State of California as apply to contracts entered into and performed in California between California residents and without regard to conflicts of laws principles. The State and Federal courts located in San Francisco, California, shall have sole and exclusive jurisdiction over any dispute arising hereunder, and the parties hereby consent to the personal jurisdiction of such courts.
SUCCESSHACKER PROVIDES THE WEBSITE AND ALL SERVICES ON AN "AS IS" BASIS, WITHOUT ANY WARRANTY. SUCCESSHACKER HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, ARISING FROM COURSE OF DEAL, USAGE OR TRADE, AND INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR TITLE. WITHOUT LIMITING THE FOREGOING, BY USING THE WEBSITE, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT (A) THE INFORMATION AND OTHER RESOURCES PROVIDED BY SUCCESSHACKER THROUGH THE WEBSITE ARE OFFERED AS A PART, BUT NOT THE ONLY PART, OF THE KNOWLEDGE-BASED RESOURCES THAT YOU NEED TO SUCCESSFULLY OPERATE YOUR BUSINESS, (B) INFORMATION PROVIDED THROUGH THE WEBSITE IS SUBJECT TO CHANGE FROM TIME TO TIME, INCLUDING (WITHOUT LIMITATION) TO TAKE INTO ACCOUNT NEW IDEAS OR DEVELOPMENTS, AND YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT INFORMATION THAT YOU MAY OBTAIN THROUGH THE WEBSITE IS CURRENT, ACCURATE AND COMPLETE, (C) NEITHER SUCCESSHACKER OR ANY OF ITS AFFILIATES, NOR ANY DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, AGENTS OR INSTRUCTORS THEREOF, IS RESPONSIBLE FOR ENSURING THAT THAT THE INFORMATION AND OTHER RESOURCES PROVIDED BY SUCCESSHACKER OR ITS AFFILIATES THROUGH THE WEBSITE ARE SUFFICIENT FOR YOUR EDUCATIONAL NEEDS, AND (D) SUCCESSHAKCER DOES NOT REPRESENT, WARRANT OR GUARANTY ANY SPECIFIC RESULTS ARISING FROM YOUR USE OF THE WEBSITE.
Neither this Agreement, nor any rights hereunder, may be assigned by operation of law or otherwise, in whole or in part, by you without the prior, written permission of SuccessHACKER. Any purported assignment without such permission shall be void. This Agreement, including corresponding access to your personal information and Commentary, may be assigned by SuccessHACKER in whole or in part without notice. Any waiver of any rights of SuccessHACKER under this Agreement must be in writing, signed by SuccessHACKER, and any such waiver shall not operate as a waiver of any future breach of this Agreement. In the event any portion of this Agreement is found to be illegal or unenforceable, such portion shall be severed from this Agreement, and the remaining terms shall be separately enforced. Your use of the Website shall at all times comply with all applicable laws, rules and regulations. This Agreement is the entire agreement between you and SuccessHACKER with respect to this subject matter, and supersedes any and all prior or contemporaneous or additional communications, negotiations or agreements with respect thereto. You will indemnify and hold SuccessHACKER and its affiliates (and all officers, directors, employees, members, shareholders, managers, counsel, insurers, representatives, and agents thereof), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or regulation, or the rights of any third party. You agree that: (i) the Website shall be deemed solely located in California; and (ii) the Website is and shall be deemed a passive website that does not give rise to personal jurisdiction over SuccessHACKER, either specific or general, in jurisdictions other than California. YOU AND SUCCESSHACKER AGREE THAT ANY CAUSE OF ACTION BY YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Copyright © 2018
Antwoord42, LLC dba SuccessHACKER
All Rights Reserved.
If you have any questions or comments about SuccessHACKER or this Agreement, you may contact SuccessHACKER at:
809 Laurel Street, #1162
San Carlos, CA 94070
Phone: (415) 825-3960 or (415) 825-7389
SuccessHACKER, SuccessCOACHING and other Antwoord42 and SuccessHACKER logos are trademarks of Antwoord42, LLC, and may not be used without prior written permission.