Terms of Service

Date Last Revised: June 1, 2010

1.  Acceptance of Terms

 

The provisions of these Terms of Service sets forth the terms and conditions that apply to your access and use of the SuccessCoachCEO.com (SCCEO) website and network available at http://network.successcoachceo.com/ (the “Service”).   By accessing and using the Service you are indicating your agreement to be bound by and to adhere to the following provisions including any schedules, exhibits and related materials that are attached (collectively the “Service Terms”).  The Service Terms apply between you and the owner of SCCEO network (Value-Centered Solutions, Inc.).  These terms of service also give certain directly enforceable rights to the business that provides VCS Inc. with technology infrastructure and hosting services for the Service (the “Technology Licensor”), although there is no direct contractual relationship between you and the Technology Licensor in relation to the Service.

 

The term “you” or “User” refers to a Subscriber or a Member.  If you wish to become a Member, communicate with other Members and make use of the Service, you must read this Agreement including Exhibits A & B and indicate your acceptance during the Registration process (or Login process).  You may not use the Service and you may not accept this Agreement if you are not of a legal age (at least 18 years of age in most states) to form a binding contract with VCS Inc.  If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. Before you continue, you should print or save a local copy of this Agreement for your records.

 

2.  Privacy and your Personal Information

 

For information about VCS Inc’s data protection practices, please read SCCEO’s Privacy and Security Policy, which is hereby incorporated into this Agreement. This policy explains how VCS Inc. treats your personal information when you access and use the Service. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the site.  You must provide the following information:

1.   Your full legal name, a valid email address and any other information requested during sign-up in order to complete the registration process. 

2.   You must update any information provided immediately if it becomes inaccurate and must ensure that the email address in your Account information is at all times a valid address at which you can be contacted.

3.   You must not provide any false or inaccurate information whether during the registration process or otherwise.

4.   Accounts must not be registered by a “bot” or any other automated process.

5.   You will need to create a log-in name and a password in order to establish an Account.

6.   Only one person may use a log-in.  Stated differently, a single login must not be shared by multiple users.

7.   Notwithstanding any of the above, you acknowledge and agree that the Service Terms will apply to anyone that you authorize, allow or otherwise permit to use your Account, user-ID and/or password that you create and moreover that you will be personally responsible and solely liable for the consequences.

 

3.  The Service

 

The SuccessCoachCEO product is a social network dedicated to train, coach, and support motivated success-minded individuals. Those who become members to the SuccessCoachCEO will benefit from tools that support their personal, professional, and entrepreneurial development.  The service provides access to a money center (inoutcash.com is a personal financial software), learning management system, Live Online TV show, and a social network community.  VCS Inc. reserves the right at any time and from time to time to modify, change, suspend or discontinue the Service with or without prior notice to you or any third party.

 

4.  Terms of Payment

 

As a condition of use of the Service, you agree to pay VCS Inc. the billable rate as outlined in “Exhibit A” each month to access the Service.  VCS Inc. will charge your credit or debit card on file each month.  You must notify VCS Inc. of any changes to your credit or debit card on file to ensure proper and timely payment.  The monthly membership fee is non-refundable, nor will be no refunds or credits for any partial month(s) of Service, nor any refunds or credits for any unused portion of any month(s) relating to any registered Account.  Any upgrade from any trial plan made available by VCS Inc. to a paying plan will end the trial period.  VCS Inc. will automatically charge your credit or debit card upon upgrading from a trial plan to a regular paying plan at the then current billing rate.  When you provide VCS Inc. with details about your chosen payment method, you are (i) representing that you are the owner (or authorized user) of the payment method you have chosen, and (ii) confirming that VCS Inc. is entitled to charge the referenced payment method for the particular subscription fee and other charges (if any) applicable to the particular payment plan that you have chosen.  You are responsible for all the charges that are incurred as a result of your use of the Service, including, without limitation, any applicable taxes, as well as for all purchases made by you or anyone else that you authorize, allow, or otherwise permit to access and use your Account. 

 

5.  Use of the Service

 

Your right to access and use the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use for lawful purposes.  Online conduct should be guided by common sense and respect for other users (whether or not registered with the Service) and for the employees and representative of VCS Inc. and the Technology Licensor, as well as the respect for the laws statutes and regulations that would apply to one’s conduct in the real (i.e. offline) world.  In appropriate behavior or illegal activities identified on and/or in connection with the Service will not be tolerated.  VCS Inc. will terminate the accounts of any member who engages in inappropriate behavior or illegal activity on and/or in connection with the Service.  VCS Inc. and the Technology Licensor shall be free to cooperate with the law enforcement officials with respect to any illegal activities or actionable conduct. 

 

6.  Service Offered through Network Marketing

 

The Service is offered to you through a distributor of VCS Inc’s network marketing group and as such your membership is associated with a sponsor who referred you to SCCEO.  The sponsor is an independent distributor and is not an employee of VCS Inc. VCS Inc. compensates sponsors (referral fee) for each SSCEO subscription fulfilled. If you accept this Service you are entering into an agreement with VCS Inc., and not with the independent distributor.

 

7.  Account Information from Financial Institutions

 

VCS Inc. is under contract with a third-party account aggregation service provider who partners with thousands of online financial service providers to access Member’s Account Information.  VCS Inc. makes no effort to review the Account Information for any purpose, including but not limited to accuracy, legality or non-infringement.  VCS Inc. is not responsible for the products and services offered by or on third-party sites, nor is VCS Inc. responsible for technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. VCS Inc. cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings. For example, when displayed through the Service, Account Information is only as current as the time shown, which reflects when the information is obtained from such sites. Such information may be more up-to-date when obtained directly from the relevant sites.

 

8.  Warranties

THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH successcoachceo.com OR PROVIDED THROUGH THE SERVICE (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. VCS INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF successcoachceo.com OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. VCS INC. MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON successcoachceo.com OR OF THE SERVICE (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. VCS INC. MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION, NOR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY PROVIDED, OR SECURE.  VCS INC. MAKES NO GUARANTEE THE SERVICE WILL MEET YOUR EXPECTATIONS OR SPECIFIC REQUIREMENTS.

 

9.  Limits of Liability

 

TO THE MAXIUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER VCS INC. NOR ANY OF ITS AFFILIATES, NOR ANY OF THE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, LICENSORS, CUSTOMERS, DIRECTORS, EMPLOYEES, MEMBERS, AGENTS OR REPRESENTATIVES OF VCS INC. SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO SUCCESSCOACHCEO.COM, YOUR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF VCS INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, VCS INC’s LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY THE MEMBER TO VCS INC. UNDER THIS AGREEMENT FOR THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE T SUCH CLAIM.

 

10.  Service Disclaimer

 

NEITHER VCS INC. NOR THE SERVICE IS INTENDED TO PROVIDE LEGAL, OR TAX ADVICE.  VCS INC. IS NOT A FINANCIAL PLANNER, BROKER OR TAX ADVISOR. The Service is intended as a private social network only and to assist you in developing personally and professionally and in managing your finances. Your personal financial situation is unique, and any information and advice obtained through the Service may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances.  You further acknowledge that VCS Inc. contracts with third parties to provide the necessary hardware, software, networking, storage, hosting, and related technology required to operate manage maintain and support the Service, including, without limitation, the posting, hosting and serving of your content and materials and you agree that VCS Inc. shall have no obligation or liability to you or any third party as a result of or otherwise in connection with any such matters. 

 

11.  Indemnification

 

You shall defend, indemnify and hold harmless VCS Inc. and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorneys fees, in whole or in part arising out of or attributable to any breach of this Agreement by you.

 

12.   Licensing Rights

 

By submitting information, data, passwords, usernames, PINs, other Log-in information, materials and other content to VCS Inc. through the Service, you are licensing that content to VCS Inc. and to its Technology Licensor solely for the purpose of providing the Service. including, without limitation, any and all copyright, trademarks, patents and all other intellectual property and other proprietary rights relating to the Services (collectively, the “Proprietary Rights”).  The underlying computer programs comprising the Service, as well as the look and feel of the Service, are copyrighted ©1999-2009 Bright Things Plc, and any and all rights therein and thereto are expressly reserved by Bright Things Plc.  You acknowledge and agree that you will not duplicate, reproduce, copy, alter, adapt, prepare any derivative work, modify, perform or display, distribute or otherwise use of exploit the Service or any portion of the HTML/CSS, user interface and/or other audio-visual design elements relating to the Service without the Technology Licensor’s prior written consent.

 

VCS Inc. hereby grants you, effective upon completion of registration of an Account that entitles you to access and use of the Service, a personal, limited, non-exclusive, non-sub-licensable, non-transferable, revocable right and privilege, under the applicable Proprietary Rights to (i) reproduce and use the object code version of the computer software that underlies, comprises, and enables the Service (the “Service Software”) solely for the purpose of accessing, creating, posting and otherwise using the Service and the social network that are created with the Service Software and that are made available as part of the Service to register users and other individuals who access and use the Service and (ii) to reproduce publically display and distribute but solely as part of the Service, the particular content made available by VCS Inc. in conjunction with the Service, all in accordance with the terms and subject to the conditions of the Service Terms and such separate policies, rules, regulations and guidelines applicable to such content. 

 

VCS Inc. claims no intellectual property rights with respect to any of the content members elect to provide to the Service, including your profile and any materials you voluntarily elect to upload to the Service and/or to the web pages that you create that are associated with your registered account.  However, by choosing to make your web pages and related content available on the Service in a form that is intended to be shared publically, you hereby grant to VCS Inc., the Technology Licensor and their affiliates a non-exclusive license (with rights to sub-license) to reproduce, prepare derivative work, publically display, publically perform and distribute any and all such web pages and content as part of the Service and you agree to allow all registered users and other individuals who access and use the Service, to access, view, reproduce, publicly display, publicly perform comment upon, review, share and otherwise use and distribute your web pages and related content as part of or otherwise in connection with the Service. 

 

13.  VCS Inc.’s Intellectual Property Rights

 

The contents of successcoachceo.com, including its “look and feel” photographs, editorial content, notices, software and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of successcoachceo.com belong or are licensed to VCS Inc. or its software or content suppliers. VCS Inc. grants you the right to view and use successcoachceo.com subject to these terms. You may download or print a copy of information provided on SCCEO for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from successcoachceo.com in whole or in part for any other purpose is expressly prohibited without our prior written consent.

 

 

14.   Access and Interference

 

 VCS Inc. expressly reserves the right to remove any content and/or material and terminate any Account that contains any content, data and/or information that it or the Technology Licensor determines, in its sole discretion to be illegal, unlawful, harassing threatening, intimidating, or an infringement of any third party’s intellectual property rights or other proprietary rights, or any violations of any of the terms or conditions referenced in the Service Terms or any policies adopted by VCS Inc.

 

You agree that you will not:

1. Violate any copy right laws or attempt to upload material you do not own or do not written permission of the owner to use
2. Copy, reproduce, duplicate, upload, post, host, display or perform (publically or otherwise) market, advertise, promote, distribute, transmit, or otherwise disseminate any of the following types of Content Materials (including, without limitation, any related data or information) that is illegal or otherwise promote or encourage any illegal activity
3. Post material that violates any indecency laws, child protection, pornographic images, race hatred and terrorism
4. Harass, threaten, intimidate, embarrass, disparage, or do anything else to any other member of the Service that is offensive, unwarranted or unwanted (as determined by VCS Inc at its sole discretion)
5. Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Service.
6. Use any automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor inoutcash.com or any portion of successcoachceo.com, without VCS Inc.’s express written consent, which may be withheld in VCS Inc.’s sole discretion;
7. Post messages or other correspondence for any purpose other than personal communications, such as, for example, any advertising, marketing or promotional materials regarding illegal gambling activities, chain letters, pyramid schemes or that otherwise attempt to implement any unauthorized or illegal commercial use of the Service
8. Disrupt the flow of conversations in chat rooms with vulgar or abusive language, excessive “shouting” in ALL CAPS, spamming, flooding or inputting large images that result in any displayed audiovisual work information appearing to move by too fast to be read by other participants in a chat room
9. Post or transmit any file which contains viruses, worms, or any other contaminating or destructive features, or that otherwise interfere with the proper working of successcoachceo.com or the Service; or
10. Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search successcoachceo.com, other than the search engines and search agents available through the Service and other than generally available third-party web browsers
11.  Violate the Service Terms applicable to any other social network for which the Technology Licensor provides services

 

15.   Termination

 

This Agreement will continue to apply until terminated by either you or VCS Inc. as set out below. If you want to terminate your legal agreement with VCS Inc., you may do so by closing your account for the Service.  All terminated Users who are entitled to a refund will comply with refund requirements stated in Exhibit B “Refund Policy”.

 

To cancel your account, please email us at support@successcoachceo.com with a request to have your account deleted”.  Your account will be closed and your ability to log in deactivated immediately.  Your SCCEO account data will be removed within 48 hours subject to and as explained in our Privacy Policy.

 

VCS Inc. may at any time, terminate its legal agreement with you:

1. if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement);
2. if VCS Inc. in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or
3. immediately upon notice, to the e-mail address provided by you as part of your Registration Information.

 

 

16.  Modifications

 

VCS Inc. may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the successcoachceo.com site. In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.

 

17.  Governing Law

 

This Agreement, and your relationship with VCS Inc. under this Agreement, shall be governed by the laws of the State of California without regard to its conflict or choice of laws provisions. Any dispute with VCS Inc., or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through the small-claims court of the Superior Court of California within the county of Contra Costa County, California, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case VCS Inc. may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, VCS Inc. is able to offer the Service at the terms designated, with or without charge to you, and that your assent to this provision is an indispensable consideration to this Agreement.

 

You also acknowledge and understand that, with respect to any dispute with VCS Inc., its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.

 

18.   Severability

 

If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.  You agree that if VCS Inc. does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which VCS Inc. has the benefit of under any applicable law), this will not be taken to be a formal waiver of VCS Inc.’s rights and that those rights or remedies will still be available to VCS Inc..  . This Agreement represents the entire understanding and agreement between you and VCS Inc. regarding the subject matter of the same, and supersedes all other previous agreements.

 

EXHIBIT A

SERVICE FEE

Premium Service Fee

Description	Unit	Rate	Total Amount
Activation  of SCCEO (14-Day Trial Period)	1	$2.97	$2.97 one-time
Membership to SCCEO	1	$29.95	$29.95/month

 

Payment Terms

The SCCEO service is immediately available upon payment of $2.97 activation fee.  During the 14-day Trial Period, you may cancel the service at any time without any commitment.  If you wish to continue the SCCEO Service, simply do not cancel prior to the end of the 14-day Trial Period.  Your account will automatically upgrade to a SCCEO membership and you credit card on file will be charged a monthly membership fee of $29.95 30-days from the end of the 14-day Trial Period.  You agree to pay all applicable charges under this Agreement, including any applicable taxes or charges imposed by any government entity, and that VCS Inc. may change its minimum pricing at any time. User must supply VCS Inc. with correct credit card information, and any changes in credit card validity or expiration date must be updated. VCS Inc. will automatically renew and charge User's account each month for subscriptions. The renewal charge will be equal to the original subscription price, unless VCS Inc. notifies User otherwise in advance.  If the credit card cannot be processed for any reason, VCS Inc. reserves the right to cancel the Service.

 

 

 

 

 

 

 

EXHIBIT B

REFUND POLICY

 

Premium Subscription Refunds 

 

Cancellation of a SCCEO account during the 14-day Trial Period or during the monthly Subscription service does not entitle the subscriber to a refund.  In either case, the Service is terminated within 48-hours from the notice of cancellation. 

VCS Inc. will refund cancellations of any “Prepaid” Subscription account (annual prepayment). In this case, the Premium User will receive a 90% refund of the pro-rata amount remaining on the annual subscription.  For example, if a Premium User’s Agreement is cancelled with four (4) months remaining on the annual term, he or she will receive a refund that is based on the four remaining months multiplied by 90%. 

Montana Residents

A Montana resident may cancel his or her monthly Subscription Agreement within 15 days from the date of enrollment, and receive a full refund of the subscription fee.

 

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.