PLEASE READ THESE TERMS OF USE CAREFULLY.
By accessing or otherwise using this site, you agree to be bound
contractually by these Terms of Use.
TERMS OF USE
Effective Date: October 1, 2013
To review material modifications and their effective dates scroll to the
bottom of the page.
1. Parties. The parties to these Terms of Use are you, and the
owner of this WebsiteSuccessCourse.com website business, Web Asylum,
Inc. (“WA”). All references to “we”, “us”, “our”, this “website” or this “site”
shall be construed to mean this website business and WA.
2. Use And Restrictions. Subject to these Terms of Use and our
Privacy Policy, you may use the public areas of this site, but only for your
own internal purposes. You agree not to access (or attempt to access)
this site by any means other than through the interface we provide, unless
you have been specifically allowed to do so in a separate agreement. You
agree not to access (or attempt to access) this site through any automated
means (including use of scripts or web crawlers), and you agree to comply
with the instructions set out in any robots.txt file present on this site.
You are not authorized to (i) resell, sublicense, transfer, assign, or
distribute the site, its services or content; (ii) modify or make derivative
works based on the site, its services or content; or (iii) “frame” or “mirror”
the site, its services or content on any other server or Internet-enabled
device. All rights not expressly granted in this Agreement are reserved by
us and our licensors.
3. Modification. We reserve the right to modify these Terms of Use
at any time, and without prior notice, by posting an amended Terms of Use
that is always accessible through the Terms of Use link on this site’s home
page. You should scroll to the bottom of this page periodically to review
material modifications and their effective dates. YOUR CONTINUED USE
OF THIS SITE FOLLOWING OUR POSTING OF A MODIFICATION NOTICE OR
NEW TERMS OF USE ON THIS SITE WILL CONSTITUTE BINDING
ACCEPTANCE OF THE MODIFICATION OR NEW TERMS OF USE.
4. Monitoring. We reserve the right, but not the obligation, to
monitor your access and use of this site without notification to you. We
may record or log your use in a manner as set out in our Privacy Policy that
is accessible though the Privacy Policy link on this site’s home page.
5. Separate Agreements. You may acquire products, services and/or content
from this site. We reserve the right to require that you agree to separate
agreements as a condition of your use and/or purchase of such products,
services and/or content.
6. Ownership. The material provided on this site is protected by
law, including, but not limited to, United States copyright law and
international treaties. The copyrights and other intellectual property in the
content of this site is owned by us and/or others. Except for the limited
rights granted herein, all other rights are reserved.
7. Warranty Disclaimers. EXCEPT AS MAY BE PROVIDED IN ANY
SEPARATE WRITTEN AGREEMENTS SIGNED BY THE PARTIES, THE
SERVICES, CONTENT, AND/OR PRODUCTS ON THIS SITE ARE PROVIDED
“AS-IS”, AND NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY
REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH PRODUCTS,
SERVICES, AND/OR CONTENT. EXCEPT AS MAY BE PROVIDED IN ANY
SEPARATE WRITTEN AGREEMENT SIGNED BY THE PARTIES OR SEPARATE
AGREEMENT ORIGINATING FROM THIS SITE, THIS SITE AND ITS LICENSORS
SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW,
ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIS SITE
OR PRODUCTS, SERVICES AND/OR CONTENT ACQUIRED FROM THIS SITE,
INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NON-
INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. THIS SITE
AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT THIS SITE,
ITS PRODUCTS, SERVICES, AND/OR CONTENT: (A) WILL BE SECURE,
TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION
WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) WILL
MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (C) WILL BE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. THESE DISCLAIMERS
CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. NO PURCHASE OR
USE OF THE ITEMS OFFERED BY THIS SITE IS AUTHORIZED HEREUNDER
EXCEPT UNDER THESE DISCLAIMERS. IF IMPLIED WARRANTIES MAY NOT
BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES
ARE LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE
LAW. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON
HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU.
8. Limitation of Liability. IN NO EVENT SHALL THIS SITE AND/OR
ITS LICENSORS BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT,
PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER
DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE,
PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN
ANY WAY CONNECTED WITH THIS SITE, ITS PRODUCTS, SERVICES,
AND/OR CONTENT, ANY INTERRUPTION, INACCURACY, ERROR OR
OMISSION, REGARDLESS OF CAUSE, EVEN IF THIS SITE OR OUR
LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
9. Links to This Site. We grant to you a limited, revocable, and
nonexclusive right to create a hyperlink to this site provided that the link
does not portray us or our products or services in a false, misleading,
derogatory, or offensive matter. You may not use any logo, trademark, or
tradename that may be displayed on this site or other proprietary graphic
image in the link without our prior written consent.
10. Links to Third Party Websites. We do not review or control third
party websites that link to or from this site, and we are not responsible for
their content, and do not represent that their content is accurate or
appropriate. Your use of any third party site is on your own initiative and
at your own risk, and may be subject to the other sites’ terms of use and
privacy policy.
11. Participation In Promotions of Advertisers. You may
enter into correspondence with or participate in promotions of advertisers
promoting their products, services or content on this site. Any such
correspondence or participation, including the delivery of and the payment
for products, services or content, are solely between you and each such
advertiser.
12. Consumer Rights Information; California Civil Code Section
1789.3. If this site charges for services, products, content, or information,
pricing information will be posted as part of the ordering process for this
site. We maintain specific contact information including an e-mail address
for notifications of complaints and for inquiries regarding pricing policies in
accordance with California Civil Code Section 1789.3. All correspondence
should be addressed to our agent for notice at the following address:
Notification of Consumer Rights Complaint or Pricing Inquiry:
Web Asylum, Inc.
2948 Kirk Rd. #106-275
Aurora, IL, 60502
Contact: Kurt Scholle Kurt@WebAsylum.com
Telephone:630 482-9323
You may contact us with complaints and inquiries regarding pricing and we will
investigate those matters and respond to the inquiries.
The Complaint Assistance Unit of the Division of Consumer Services of the Department of
Consumer Affairs may be contacted in writing at 1020 N. Street, #501,
Sacramento, CA 95814, or by telephone at 1-916-445-1254.
13. Arbitration. Except for actions to protect intellectual property rights and to
enforce an arbitrator’s decision hereunder, all disputes, controversies, or
claims arising out of or relating to this Agreement or a breach thereof shall
be submitted to and finally resolved by arbitration under the rules of the
American Arbitration Association (“AAA”) then in effect. There shall be one
arbitrator, and such arbitrator shall be chosen by mutual agreement of the
parties in accordance with AAA rules. The arbitration shall take place in
Chicago, Illinois USA, and may be conducted by telephone or online. The
arbitrator shall apply the laws of the State of Illinois, USA to all issues in
dispute. The controversy or claim shall be arbitrated on an individual
basis, and shall not be consolidated in any arbitration with any claim or
controversy of any other party. The findings of the arbitrator shall be final
and binding on the parties, and may be entered in any court of competent
jurisdiction for enforcement. Enforcements of any award or judgment shall
be governed by the United Nations Convention on the Recognition and
Enforcement of Foreign Arbitral Awards. Should either party file an action
contrary to this provision, the other party may recover attorney’s fees and
costs up to $1000.00.
14. Jurisdiction And Venue. The courts of Kane County in the State
of Illinois, USA and the nearest U.S. District Court in the State of Illinois
shall be the exclusive jurisdiction and venue for all legal proceedings that
are not arbitrated under these Terms of Use.
15. Controlling Law. This Agreement shall be construed under the
laws of the State of Illinois, USA, excluding rules regarding conflicts of law.
The application the United Nations Convention of Contracts for the
International Sale of Goods is expressly excluded.
16. Onward Transfer of Personal Information Outside Your Country of
Residence. Any personal information which we may collect on this site will
be stored and processed in our servers located only in the United States.
If you reside outside the United States, you consent to the transfer of
personal information outside your country of residence to the United
States.
17. Severability. If any provision of these terms is declared invalid
or unenforceable, such provision shall be deemed modified to the extent
necessary and possible to render it valid and enforceable. In any event,
the unenforceability or invalidity of any provision shall not affect any other
provision of these terms, and these terms shall continue in full force and
effect, and be construed and enforced, as if such provision had not been
included, or had been modified as above provided, as the case may be.
18. Force Majeure. We shall not be liable for damages for any delay
or failure of delivery arising out of causes beyond our reasonable control
and without our fault or negligence, including, but not limited to, Acts of
God, acts of civil or military authority, fires, riots, wars, embargoes,
Internet disruptions, hacker attacks, or communications failures.
19. Privacy. Please review this site’s Privacy Policy which also
governs your visit to this site. Our Privacy Policy is always accessible on
our site’s home page.