TERMS AND CONDITIONS
END USER LICENSE AGREEMENT
INTRODUCTION; GENERAL
Welcome to the Internet sites of Success Formulas. As used herein, “Success Formulas Sites” means successformulas.co.za and any other website(s) through which Success Formulas products may be accessed from time-to-time, and other Internet sites on which these terms of use are posted. Success Formulas and any and all entities that control, are controlled by, or are affiliated or under common control with Success Formulas are collectively referred to herein as “we,” “us” or “our”.
This End User License Agreement (this “Agreement”) is between you, the user of any of the Success Formulas Sites (“you” which includes your parents or legal guardians if you are under the legal age of majority) and us with regard to any of the Success Formulas Sites. PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE USING ANY SUCCESS FORMULAS SITE. By using any Success Formulas Site or by clicking a box that states that you accept or agree to these terms, you signify your acknowledgment and agreement with the terms and conditions of this Agreement.
Note that special terms apply to some services offered on certain Success Formulas Sites, like subscription-based services or other features or activities. These special terms are posted in connection with the applicable service or other features or activities. Any such terms are in addition to the terms of this Agreement, and in the event of a conflict, prevail over the terms of this Agreement.
If you do not agree to this Agreement or any special terms of use, as applicable, or you do not meet any eligibility requirements established by us for use of and access to the Success Formulas Sites, you may not access or otherwise use the Success Formulas Sites.
Unless you are visiting a Success Formulas Site that specifically allows otherwise, you are of over the age of 18, or your parent or legal guardian has provided any and all necessary consents to permit your usage of the Success Formulas Sites.
You agree to the terms and conditions of our privacy policy, which are incorporated herein by reference and constitute part of the terms and conditions of this Agreement. Our privacy policy details the ways in which we may use your personal information that belongs to, or is related to, you. Our privacy policy is available at http://www. successformulas.co.za/privacy-policy.
You acknowledge that your acceptance of the terms and conditions of this Agreement are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of the Success Formulas Sites and receipt of data, materials and information available at or through the Success Formulas Sites.
2. USE OF CONTENT
All information, materials, functions and other content contained on Success Formulas Sites (“Content”) are our copyrighted property or the copyrighted property of our licensors or licensees. All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees. We may change the Success Formulas Sites or delete Content or features at any time, in any way, for any or no reason.
Except as we specifically agree in writing, no Content may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the Success Formulas Site, except that where a Success Formulas Site is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that you: (a) keep intact all copyright and other proprietary notices; (b) make no modifications to the Content; and (c) do not use the Content in a manner that suggests an association with any of our products, services or brands. Any business use, “re-mailing” or high-volume or automated use of Success Formulas Sites is prohibited.
In the event that we offer downloads of software on a Success Formulas Site and you download such software, such software, including any files, images incorporated in or generated by such software, and data accompanying such software (collectively, the “Software”) are licensed to you by us or third-party licensors, as applicable, for your personal, noncommercial home use only for educational or instructional purposes only. We do not transfer title to the Software to you. You shall not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.
3. ACCOUNTS
Some services on the Success Formulas Sites may permit or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the “Registration Data”). You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. You also agree to promptly notify us at info@successformulas.co.za of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to any Success Formulas Site. In addition, you agree to exit from your account at the end of each session.
We may suspend or terminate your account and your ability to use any Success Formulas Site or portion thereof for failure to comply with these terms of use or any special terms related to a particular service, for infringing copyright, or for any other reason whatsoever.
4. CONTENT ACCESSIBLE THROUGH LINKS FROM SUCCESS FORMULAS SITES AND SEARCH RESULTS
You should be aware that when you are on a Success Formulas Site, there may be links to other sites that take you outside of our service to sites that are beyond our control, such as banner advertisements and links from advertisers, sponsors and content partners that may use our logo(s) as part of a co-branding relationship. You acknowledge that when you click on any of the aforementioned links, the sites you are taken to are not controlled by us; different terms of use and a different privacy policy may apply, and we are not responsible for such sites. We do not endorse and cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any Success Formulas Site or third-party Content contained on our sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third parties.
You agree that we cannot be held responsible for the accuracy, relevance, legality or decency of material contained on sites retrieved in searches and/or listed in search results or identified on search results pages.
5. DISCLAIMERS
THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO SUCCESS FORMULAS SITES OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM ANY SUCCESS FORMULAS SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY AND NONINFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SUCCESS FORMULAS SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY INFORMATION YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).
6. INDEMNIFICATION
You are responsible for maintaining the confidentiality of your username(s), password(s), and your Registration Data, as well as all activities that occur under your account(s). You hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities’ respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the “ Indemnified Parties”) harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms of use or claims arising from your use of the Success Formulas Sites and/or your account(s). You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
7. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY SUCCESS FORMULAS SITE OR CONTENT. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY SUCCESS FORMULAS SITE. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
8. JURISDICTIONAL AND VENUE ISSUES
You agree that any action at law or in equity arising out of or relating to these terms of use or the Success Formulas Sites shall be filed, and that venue properly lies, only in state or federal courts located in Johannesburg, Gauteng, South Africa, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. We make no representation that Content on any Success Formulas Site is appropriate or available for use in any particular location. Those who choose to access a Success Formulas Site do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.
9. AMENDMENT
At any time, we may amend these terms of use (including by modification, deletion and/or addition of any portion thereof). If we make a material amendment to these terms of use, we will notify you of such amendment by either (i) sending you an e-mail at the last e-mail address that you provided us, (ii) sending notification to your school or school district, or other applicable administrative body, and/or (iii) posting notice of such amendment on the websites covered by these terms of use. Please note that, at all times, you are responsible for updating your Registration Data to provide us your current email address, to the extent requested by any Success Formulas Site. In the event that the last e-mail address that you have provided us is not valid, or for any other reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of any amendment described in the notice.
10. GENERAL PROVISIONS
These terms of use shall be governed by and construed in accordance with the laws of South Africa, without giving effect to any principles of conflicts of law. We and you hereby agree that the exclusive and sole jurisdiction and venue for all disputes arising under these terms of use shall be the state courts located in Johannesburg, Gauteng, South Africa. We and you hereby waive the right to a jury trial. If any provision of these terms of use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these terms of use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms of use shall not constitute a waiver of such right or provision. In these terms of use, the word “including” is used illustratively, as if followed by the words “but not limited to. ”YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR ANY SUCCESS FORMULAS SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
Supply of goods, services and software through Success Formulas Sites is subject to South African export control and economic sanctions requirements. By acquiring any such items through Success Formulas Sites, you represent and warrant that your acquisition comports with and your use of the item will comport with those requirements.