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Terms and Conditions

END USER LICENSE AGREEMENT AND TERMS OF SERVICE

 

Effective Date: Dec 6, 2023

 

This End User License Agreement and Terms of Service (this “EULA”) is a binding contract between you, an individual user (“you”), and Workman Success Systems LLC (“Workman Success Systems,” “we,” “us” or “our”) governing your use of the software applications that Workman Success Systems makes available (individually and collectively, the “Platform”), the related website located at www.workmansuccess.com and any other online properties owned or controlled by or on behalf of Workman Success Systems (collectively with the Platform, the “Service”). BY INSTALLING OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, THEN YOU SHOULD NOT USE THE SERVICE.

 

Material Terms: As provided in greater detail in this EULA (and without limiting the express language of this EULA), you acknowledge the following:

 

  • the Service is licensed, not sold, to you, and you may use the Service only as outlined in this EULA;

 

  • you consent to the collection, use, and disclosure of your personally identifiable information in accordance with Workman Success Systems’ Privacy Policy available at https://www.workmansuccess.com/privacy-policy (“Privacy Policy”);

 

  • we provide the Platform to you on an “as is” basis without warranties of any kind and Workman Success Systems’ liability to you is limited;

 

  • disputes arising between you and Workman Success Systems will be resolved by binding arbitration. By accepting this EULA, as provided in greater detail in section 11 below, you and Workman Success Systems are each waiving the right to a trial by jury or to participate in a class action;

 

General Terms and Conditions.

  1. Changes to this EULA. You understand and agree that we may change this EULA at any time without prior notice. The revised EULA will become effective at the time of posting unless specified otherwise. Any use of the Service after the effective date will constitute your acceptance of such revised EULA. If you find any change to this EULA or the Service unacceptable, then your sole remedy is to stop accessing, browsing, and otherwise using the Service.

 

  1. Privacy Policy. Your access to and use of the Service is also subject to Workman Success Systems’ Privacy Policy, the terms and conditions of which are incorporated herein by reference.

 

  1. Jurisdictional Issues. The Service is controlled and operated by Workman Success Systems LLC from its offices in the State of Utah. Workman Success Systems makes no representation that materials on the Service are appropriate, lawful, or available for use in any locations other than the United States of America. Those who choose to access or use the Service from locations outside the United States of America do so at their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Service from jurisdictions where the contents or practices of the Service are illegal, unauthorized, or penalized is strictly prohibited.

 

  1. Eligibility. The service is not for persons under the age of 13 (or under 16 for individuals in the European Union) or for any users previously suspended or removed from the service by Workman Success Systems. IF YOU ARE UNDER 13 YEARS OF AGE (or under 16 in the EU), YOU MUST NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER. By accessing or using the Service, you affirm that either you are at least 18 years of age or you have been authorized to use the Service by your parent or legal guardian who is at least 18 years of age.

 

The Service.

  1. Description. The Service includes a variety of audio, video, and text-based training and coaching tools, as well as other content, features, and services (collectively, the “Coaching Content”) that we make available to you through the Platform. The Service is designed to provide you with access to real estate training and coaching content, including sessions on sales and marketing strategies, negotiating techniques, and business management skills, which can be accessed in our training center
  2. User-Generated Content. The Service may include features that allow you to share, post, upload, publish, or otherwise submit content and materials (including, without limitation, comments, photos, videos, and user profiles) (collectively, “User-Generated Content”) to the Service or to social media services (“Social Media Services”) or other third-party services (“Third-Party Services”). By sharing, posting, uploading, publishing, or otherwise submitting User-Generated Content to the Service or to any Social Media Services or Third-Party Services, you grant us a non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, and worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User-Generated Content in connection with the Service and our (and our successors’ and affiliates’) business, including, without limitation, for the purpose of promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You represent and warrant that: (i) you own or have the necessary rights and permissions to use and authorize us to use all intellectual property rights in and to any User-Generated Content that you share, post, upload, publish, or otherwise submit to the Service or to any Social Media Services or Third-Party Services; and (ii) such User-Generated Content, and your sharing, posting, uploading, publishing, or otherwise submitting of such User-Generated Content, does not and will not infringe, misappropriate, or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

 

User Accounts and Subscriptions.

  1. User Accounts. In order to access and use certain features and functionality of the Service, you may be required to create a user account (“Account”) and provide certain personal information, such as your name, email address, and birth date. You agree to provide accurate, current, and complete information about yourself as prompted by the Service’s registration process, and to maintain and promptly update your Account information to keep it accurate, current, and complete. You are solely responsible for maintaining the confidentiality and security of your Account, and for all activities that occur on or through your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. We will not be liable for any losses or damages arising from your failure to comply with these obligations.

 

  1. Subscriptions. The Service may offer subscription-based access to certain Coaching Content (“Subscription”). If you choose to purchase a Subscription, you will be required to provide certain payment information, such as your payment method (e.g., credit card) and its associated details. You represent and warrant that you have the legal right to use any payment method(s) provided by you in connection with your Subscription. By providing your payment information, you authorize us (or our designated payment processor) to charge you on a periodic basis (e.g., monthly or annually, as applicable) in accordance with the terms of your Subscription and any applicable promotional offers. We reserve the right to change the subscription fee for any Subscription at any time, and to provide you with reasonable notice of such changes by posting the revised fee on the Service or by emailing you at the email address associated with your Account. If you do not agree to any such fee change, your sole remedy is to cancel your Subscription before the effective date of the fee change.

 

  1. Trial Subscriptions. We may offer trial Subscriptions to certain users from time to time, in our sole discretion. Trial Subscriptions may be subject to additional terms and conditions, which will be disclosed to you at the time of your enrollment in the trial. Trial Subscriptions are intended for personal, non-commercial use, and are limited to one per user. Trial Subscriptions may not be combined with any other offer. If you enroll in a trial Subscription, your payment method will not be charged unless you do not cancel your Subscription before the end of the trial period. At the end of the trial period, unless you cancel your Subscription, your payment method will be charged for the full subscription fee applicable to your Subscription and your Subscription will automatically renew for the applicable subscription term (e.g., monthly or annually, as applicable).

 

  1. Cancellation. You may cancel your Subscription at any time, and you will continue to have access to the Service through the end of your then-current subscription term. To cancel your Subscription, contact our customer support team by submitting a support ticket at: https://pages.workmansuccess.com/client-support-ticket-request. If you cancel your Subscription, your payment method will not be charged for the next subscription period, and your Subscription will not automatically renew. We reserve the right to cancel your Subscription at any time for any reason, and will provide you with a pro-rated refund of the subscription fee for the remaining portion of your subscription term, unless such cancellation was due to your breach of this EULA or any applicable law or regulation.

 

User Conduct.

As a condition of your access to and use of the Service, you agree that you will not use the Service for any purpose that is unlawful or prohibited by this EULA. You may not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party’s use and enjoyment of the Service. You may not attempt to gain unauthorized access to the Service or any accounts, computer systems, or networks associated with the Service, through hacking, password mining, or any other means. You may not use any robot, spider, scraper, or other automated means to access the Service for any purpose without our express written permission. You may not take any action that imposes an unreasonable or disproportionately large load on the Service’s infrastructure. You may not use the Service for any commercial purpose or for the benefit of any third party, or in any manner that is not authorized by this EULA. You may not use the Service to transmit any viruses, worms, defects, Trojan horses, or other items of a destructive nature. You may not use the Service to violate the security or integrity of any network, computer, or communications system, or to gain unauthorized access to any network, computer, or communications system. You may not use the Service to collect or store personal data about other users of the Service. You may not use the Service in any manner that could violate any federal, state, local, or international law or regulation.

 

User Feedback.

We welcome your feedback, suggestions, and ideas about the Service (“Feedback”). You may submit Feedback to us by emailing us at [email protected]. You agree that all Feedback that you submit to us will be considered non-confidential and non-proprietary, and we will be free to use, disclose, reproduce, modify, license, transfer, and distribute the Feedback to others without limitation or obligation.

 

Third-Party Services and Links.

The Service may include links to third-party websites, services, products, or content (“Third-Party Services”). We do not endorse, and are not responsible for, the content, accuracy, or opinions expressed in such Third-Party Services. Inclusion of any link on the Service does not imply our endorsement of the linked site or service. You acknowledge and agree that we are not responsible or liable for any loss or damage of any sort incurred as a result of your use of any Third-Party Services. Your access and use of any Third-Party Services is at your own risk, and you should review the applicable terms and policies of such Third-Party Services before using them.

 

Intellectual Property; Confidentiality License

  1. License Grant. Subject to your compliance with this EULA, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, revocable license to download and install a copy of the Platform on a mobile device that you own or control, and to access and use the Service, solely for your own personal, non-commercial use. You may not (i) use the Service for any commercial purpose or in any manner that is not authorized by this EULA; (ii) copy, modify, or create derivative works based on the Service or any Coaching Content; (iii) distribute, transfer, sublicense, lease, lend, or rent the Service or any Coaching Content to any third party; (iv) reverse engineer, decompile, or disassemble the Service or any Coaching Content; or (v) remove, alter, or obscure any proprietary notices (including copyright notices) on or in the Service or any Coaching Content. Any rights not expressly granted to you in this EULA are reserved by us and our licensors.
  2. Ownership. You acknowledge and agree that the Service and all Coaching Content, and all intellectual property rights therein and thereto, are the exclusive property of Workman Success Systems LLC and its licensors. You further acknowledge and agree that the Service and all Coaching Content are protected by copyright, trademark, patent, trade secret, and other intellectual property laws and treaties, and that you have no rights, title, or interest in or to the Service or any Coaching Content, other than the limited license granted to you in this EULA. You agree that you will not use the Service or any Coaching Content in any manner that infringes, misappropriates, or otherwise violates the intellectual property rights of Workman Success Systems LLC or any third party.
  3. Feedback. We will own all right, title, and interest in and to any Feedback that you submit to us, and you hereby assign to us all right, title, and interest in and to such Feedback.

 

Indemnification.

You agree to defend, indemnify, and hold harmless Workman Success Systems LLC, its affiliates, and its and their respective officers, directors, employees, agents, licensors, and suppliers, from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this EULA or your access to or use of the Service. We will provide notice to you of any such claim, suit, or proceeding, and will assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section, and in such case, you agree to cooperate with our defense of such claim.

 

Disclaimer of Warranties.

THE SERVICE AND ALL COACHING CONTENT ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WORKMAN SUCCESS SYSTEMS LLC EXPLICITLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WORKMAN SUCCESS SYSTEMS LLC MAKES NO WARRANTY THAT THE SERVICE OR ANY COACHING CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE OR ANY COACHING CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE AND ANY COACHING CONTENT IS AT YOUR SOLE RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR USE OF THE SERVICE OR ANY COACHING CONTENT.

 

Limitation of Liability.

IN NO EVENT WILL WORKMAN SUCCESS SYSTEMS, ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF THE TRAINING CENTER OR ANY COACHING CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WORKMAN SUCCESS SYSTEMS LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WORKMAN SUCCESS SYSTEMS LLC’S AGGREGATE LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH THIS EULA OR YOUR ACCESS TO OR USE OF THE SERVICE OR ANY COACHING CONTENT EXCEED THE AMOUNT PAID BY YOU TO WORKMAN SUCCESS SYSTEMS LLC FOR THE APPLICABLE SUBSCRIPTION TERM, IF ANY.

 

Dispute Resolution and Governing Law.

  1. Dispute Resolution. In the event of any dispute, claim, or controversy arising out of or in connection with this EULA or your access to or use of the Service or any Coaching Content (“Dispute”), you and WORKMAN SUCCESS SYSTEMS LLC agree to first notify each other in writing and attempt to resolve the Dispute informally through negotiation within thirty (30) days from the date of such notice. If the Dispute is not resolved within thirty (30) days, then either party may bring a formal action in accordance with the terms of this section.

 

  1. Governing Law. This EULA and any Dispute will be governed by the laws of the State of Utah. Venue for any action relating to this EULA shall be in the courts of the State of Utah.

 

  1. Arbitration. Any Dispute that is not resolved informally as provided in subsection (a) above will be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes, excluding any rules or procedures governing or permitting class actions. The arbitration will be conducted in the English language by a single neutral arbitrator. The arbitration will be held in the county of Salt Lake County, Utah, or any other location agreed upon by the parties. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity, and any award of the arbitrator will be final and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

 

  1. Waiver of Class Actions. BY ACCEPTING THIS EULA, YOU AND WORKMAN SUCCESS SYSTEMS LLC EACH WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING WITH RESPECT TO ANY DISPUTE. THIS WAIVER APPLIES TO CLASS ARBITRATION PROCEEDINGS AS WELL AS CLASS ACTIONS IN COURT.

 

  1. Severability. If any provision of this section 11 (Dispute Resolution and Governing Law) is found to be illegal or unenforceable, that provision will be enforced to the maximum extent possible, and the remaining provisions will remain in full force and effect.

 

Miscellaneous.

  1. Entire Agreement. This EULA constitutes the entire agreement between you and Workman Success Systems LLC with respect to the Service, and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Workman Success Systems LLC with respect to the Service. If any provision of this EULA is found to be invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of this EULA, which will remain in full force and effect.

 

  1. Assignment. You may not assign or transfer this EULA or your rights or obligations hereunder, in whole or in part, without our prior written consent. We may assign or transfer this EULA or our rights or obligations hereunder, in whole or in part, without your consent.

 

  1. No Waiver. Our failure to enforce any provision of this EULA will not be deemed a waiver of such provision, nor of the right to enforce such provision.

 

  1. Headings. The section headings in this EULA are for convenience only and have no legal or contractual effect.

 

  1. Relationship of the Parties. You and Workman Success Systems LLC are independent , and nothing in this EULA will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Workman Success Systems LLC.

 

  1. Force Majeure. Workman Success Systems LLC will not be liable for any failure to perform its obligations under this EULA due to unforeseen circumstances or causes beyond its reasonable control, such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, fuel, energy, labor, or materials.

 

  1. Notice. Any notices or other communications permitted or required under this EULA will be in writing and will be deemed to have been given if delivered personally, sent by confirmed email, or mailed by registered or certified mail, postage prepaid, to the other party at the address set forth in the Service or to such other address as either party may specify in writing.

 

  1. Language. This EULA was written in English. Any translation of this EULA is provided for your convenience only, and in the event of any conflict between the English version and the translated version, the English version will control.

 

  1. Survival. The provisions of sections 4 (User Conduct), 7 (Intellectual Property Rights), 8 (Indemnification), 9 (Disclaimer of Warranties), 10 (Limitation of Liability), 11 (Dispute Resolution and Governing Law), and 12 (Miscellaneous) will survive any termination or expiration of this EULA.

 

Contact Information.

If you have any questions or comments about this EULA or the Service, please contact us at:

 

Workman Success Systems

[email protected]

www.workmansuccess.com