Terms and Conditions
Terms and Conditions
AGREEMENT("AGREEMENT"). WELCOME TO SUCCESSORIES.COM. SUCCESSORIES.COM PROVIDES ITS WEBSITE AND RELATED SERVICES ("SITE") TO YOU SUBJECT TO THE FOLLOWING TERMS OF LEGAL AGREEMENT BETWEEN YOU AND SUCCESSORIES.COM ("DYR"). BY ACCESSING,BROWSING AND/OR USING THIS SITE ("SITE"), YOU ACKNOWLEDGE AND FULLY REPRESENT AND WARRANT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE, TO BE BOUND BY THESE TERMS AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS. THE MATERIAL PROVIDED ON THIS SITE IS PROTECTED BY LAW, INCLUDING, BUT NOT LIMITED TO, UNITED STATES COPYRIGHT LAW AND INTERNATIONAL TREATIES. THIS SITE IS CONTROLLED AND OPERATED BY DYR FROM WITHIN THE UNITED STATES. DYR MAKES NO REPRESENTATION THAT MATERIALS IN THE SITE ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS, AND ACCESS TO THEM FROM TERRITORIES WHERE THEIR CONTENTS ARE ILLEGAL IS PROHIBITED. THOSE WHO CHOOSE TO ACCESS THIS SITE FROM OTHER LOCATIONS DO SO ON THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH APPLICABLE LOCAL LAWS.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE. DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE. YOUR USE OF THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW.
SUCCESSORIES.COM CAN CHANGE THIS AGREEMENT AT ANY TIME BY POSTING AN UPDATED USER AGREEMENT ON THIS SITE.IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THIS SITE. IF YOU DO NOT CEASE USING THIS SITE, YOU WILL BE CONCLUSIVELY DEEMED TO HAVE ACCEPTED THE CHANGE. IF YOU HAVE ANY QUESTIONS ABOUT THE AGREEMENT, YOU MAY CONTACT US AT; SUPPORT@SUCCESSORIES.COM
SUCCESSORIES.COM ALSO MAY, AT ANY TIME AND WITHOUT NOTICE, MODIFY OR DISCONTINUE THE WEBSITE. YOU AGREE THAT SUCCESSORIES.COM SHALL HAVE NO OBLIGATION OF ANY SORT IN CONNECTION WITH ANY MODIFICATION OR DISCONTINUANCE OF THE WEBSITE.
To fully utilize this site You will create a password and user account upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur under your password or account. You agree to...
(a) immediately notify Successories.com of any unauthorized use of your password or account or any other breach of security, and
(b) ensure that you exit from your account at the end of each session and
(c) Safeguard and protect your account login information at all time. Successories.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
In using this site, you agree to not:
1.Submit or otherwise transmit any materials including but not limited to text, data, photos, graphics, or any of these elements in combination as a design for products available on this site or otherwise ("Content") that are unlawful, harmful, threatening, abusive, vulgar,harassing, defamatory, obscene, pornographic, profane, indecent, inflammatory. libelous,tortuous, hateful, racially, ethnically, socially, politically, legally, morally, religiously objectionable or otherwise objectionable, or invasion of another's rights including but not limited to rights of celebrity, privacy and intellectual property.
2. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
3. Submit or otherwise transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. As a guideline, you may contribute only original work that you have created yourself from original elements. This means you can't use images of celebrities or corporate products, nor images, text, or design that you've copied from a website without written permission from the owner. And you cannot contribute a quote or a slogan that is substantially the same as something already written by someone else. By submitting any Content, you represent and warrant that you have the lawful right to reproduce and distribute such Content and that the Content complies with all applicable federal, state and local laws, regulations and ordinances.
4. Submit or otherwise transmit any Content that would constitute or encourage a criminal offense,violate the rights of any party, or that would otherwise create liability or violate any local,state, national, or international law
5. Submit or otherwise transmit any unsolicited or unauthorized advertising, promotional materials,junk mail, spam, chain letters, or any other form of solicitation;
6. Submit or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, gather information, spy
or limit the functionality of any computer software or hardware or telecommunications
7. Submit or otherwise transmit false or misleading information
8. Disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources,accounts, servers, or networks connected to or accessible through the Site or affiliated or linked websites.
9. Access, tamper with or use non-public areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution;
10. Disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked websites;
11. Frame or link to the Site except as permitted in writing by Successories.com
12. Incorporate images or names that would violate a person's right of privacy or publicity; or
13. Incorporate a celebrity, current or former leader, politician, religious figure, convicted criminal or notorious person, or other famous person's name or likeness other than the licensed products available within the site.
You acknowledge that Successories.com does not pre-screen submitted Content, but that Successories.com and its designers shall have the right (but not the obligation) in their sole discretion to reject or remove any Content that is stored on or otherwise available via the Site. Upon placing your order, you acknowledge that Successories.com may review your order, and the content it contains, for adherence to our guidelines and compliance with the terms and conditions set forth in this Agreement.
Without limiting the foregoing, Successories.com and its designers shall have the right to remove any Content that violates the Agreement or is otherwise objectionable to Successories.com. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any Content, created by or submitted to,Successories.com. You acknowledge and agree that you are responsible for the creation and compilation of your Content, and that neither Successories.com its subsidiaries, partners nor any other patty involved with the production of any product incorporating such Content assumes that responsibility. Successories.com production of any product depicting your Content does not indicate that Successories.com approves of the Content, that the Content obeys all applicable laws, or that you are absolved of any liability or harm arising from the use of the Content.
You acknowledge and agree that Successories.com may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii)enforce this Agreement; (iii) respond to claims that any Content violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of Successories.com, its users and the public.
You understand that the technical processing and operation of the Site, including your Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connection networks or devices. You agree that you are responsible for actions and communications undertaken under your account. Successories.com takes no responsibility and assumes no liability for any Content uploaded or otherwise transmitted by or to you or by or to any third-party, or for any mistakes, defamation, slander, libel, omissions,falsehoods, infringement, obscenity, pornography or profanity you or a third party may encounter. You agree to waive any claims against Successories.com and its affiliates, contractors, agents and employees for losses, damages and injuries which are based on or relate to communications, Content or materials on the Site. You agree to indemnify Successories.com and its affiliates from all claims and expenses, including reasonable attorney's fees, which claims are based on or arise from your violation of any of the provisions of this Agreement.
You agree that you will use this Site and any products ordered on this Site in accordance with all applicable United States federal, state and local laws, statutes, regulations and ordinances and will not take any action that harms or violates the rights of any person or entity.
You acknowledge and agree that any Content, including but not limited to text, data, photos,graphics, etc. or other material contained or distributed on or through the Site, by Successories.com, its advertisers or other third parties, is protected by trademarks, service marks,patents, copyrights, or other proprietary rights and laws. You may not use or distribute any Content received or produced through the Site without the authorization of the Content owner. You agree not to publish, reproduce, copy,in whole or in part, nor upload, download, post, email, sell, or otherwise distribute Content available through the Site, in violation of applicable copyright and other intellectual property laws. You retain all ownership rights to your Content submitted to the Site. By submitting Content to Successories.com,you grant Successories.com a nonexclusive, worldwide, transferable license to use,copy, reproduce, modify, publicly display, and distribute your Content.
You acknowledge and agree that the Site and any software provided to you or used in connection with the Site, including, for example and without limitation, any API's or other scripts ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except to the extent that a separate click on agreement applies to a particular piece of Software, subject to your compliance with the terms and conditions of this Agreement, Successories.com grants you a non-exclusive, non-transferable,non-sublicenseable license to use the Software solely as necessary to use this Site and provided that you agree not to modify, rent, lease, loan, sell,distribute or create derivative works based on the Site or the Software, in whole or in part.
The intellectual property rights in or relating to the content of any notes, messages, emails,postings, letters, ideas, suggestions, concepts or other written materials which you submit or communicate to Successories.com (excluding your Content you submit) will automatically be deemed to be assigned, granted and transferred by you to Successories.com upon their submission or communication to Successories.com, and you do assign all rights therein to Successories.com and agree that the same will automatically become the property of Successories.com and that Successories.com may use,exploit, copy, publish, implement. transfer and in all other way deal with such materials and all of the intellectual property rights therein in any way and for any purpose Successories.com may elect, forever.
By uploading an image, you agree to comply with all laws which apply to their location, including copyright and trademark laws. Images and files that violate copyrights or trademarks are not allowed. You acknowledge that you own the copyright to the image or that you have obtained the written permission of the copyright owner or your use is a Fair use according to the laws the apply. If there is a dispute pertaining to this image, Successories.com is under no obligation to become involved. You further acknowledge that Successories.com reserves the right to reject any image at its sole discretion. If your image is found to be unsuitable in any way, your credit card will be refunded in full and the order will be canceled. I have read and agree to the Terms and Conditions regarding Successories.com
Intellectual Property Policy
Successories.com respects the intellectual property rights of others. We ask our users to do the same. Successories.com may terminate the accounts of users who appear to infringe the copyright or other intellectual property rights of others.
Trademarks and Service Marks
Successories, LLC trademarks and service marks include, but are not limited to, "Inspirers©", "Attitude Savers©", "Celebrating Excellence©", "Cornerstones©", "Corporate Expressions©", "Corporate Impressions©", "Culture Builderssm©", "Follow Your Dreams©", "Etched in Stone©", "Inner Fire©", "Lifescapes Lithographs©", "Motivation Station©", "Successories©", "Winners©", "Create Your Own Successories©", "Inspiration Machine©", "8:59am©". ALL RIGHTS RESERVED. Any use of such trademarks or service marks, or the product names or logos is strictly prohibited.
YOU REPRESENT AND WARRANT THAT YOU ARE THE OWNER OF THE
CONTENT WHICH YOU SUBMIT AND THAT THE CONTENT DOES NOT
INFRINGE UPON THE PROPERTY RIGHTS, INTELLECTUAL PROPERTY
RIGHTS (COPYRIGHTS AND TRADEMARKS) OR OTHER RIGHTS OF OTHERS.
YOU ALSO REPRESENT THAT THERE ARE NO OUTSTANDING DISPUTES IN
CONNECTION WITH THE PROPERTY RIGHTS, INTELLECTUAL PROPERTY
RIGHTS OR OTHER RIGHTS IN THE CONTENT OR ANY PARTS OF THE
CONTENT. YOU HEREBY REPRESENT AND WARRANT TO US THAT THIS
AGREEMENT HAS BEEN DULY AND VALIDLY EXECUTED AND DELIVERED
BY YOU AND CONSTITUTES YOUR LEGAL, VALID AND BINDING
OBLIGATION, ENFORCEABLE AGAINST YOU IN ACCORDANCE WITH ITS
TERMS; AND THAT THE EXECUTION, DELIVERY AND PERFORMANCE BY
YOU OF THIS AGREEMENT ARE WITHIN YOUR LEGAL CAPACITY AND
POWER; HAVE BEEN DULY AUTHORIZED BY ALL REQUISITE ACTION ON
YOUR PART; REQUIRE THE APPROVAL OR CONSENT OF NO OTHER
PERSONS; AND NEITHER VIOLATE NOR CONSTITUTE A DEFAULT UNDER
THE (I) PROVISION OF ANY LAW, RULE, REGULATION, ORDER, JUDGMENT
OR DECREE TO WHICH YOU ARE SUBJECT OR WHICH IS BINDING UPON
YOU, OR (II) THE TERMS OF ANY OTHER AGREEMENT, DOCUMENT OR
INSTRUMENT APPLICABLE TO YOU OR BINDING UPON YOU.
Indemnify and Hold Harmless
You agree to defend, indemnify and hold Successories.com and Successories.com officers, directors, employees, agents and licensors harmless from all judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney's fees, expert witness fees, and costs of litigation arising out of or based on
(a) Content you submit, post to or transmit through the Site,
(b) your use of the Site,
(c) your connection to the Site,
(d) your violation of the Agreement or
(e) your violation of any rights of a third party.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site or access to the Site without Successories.com express written consent.
You agree that Successories.com, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Site, and remove and discard any content you may have contributed to the Site, at any time for any reason or no reason.Successories.com may also in its sole discretion and at any time discontinue providing the Site, or any pal1 thereof, with or without notice. You agree that any termination of your access to the Site under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Successories.com may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files of the Site. Further, you agree that Successories.com shall not be liable to you or any third-party for any termination of your access to the Site. Should you object to any terms and conditions of the Agreement or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue your use of the Site and/or terminate your account. The Site may provide, or third parties may provide, links to other websites or resources. Because Successories.com has no control of such sites and resources, you acknowledge and agree that Successories.com is not responsible for the availability of such sites or resources,and does not endorse and is not responsible or liable for any content,advel1ising, products or other materials on or available from such sites or resources or the policies or such sites and resources. Successories.com is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
You acknowledge and agree that you will not use any product ordered from the Site in a way that would be damaging to Successories.com public reputation or that of its employees,board members, shareholders, licensors, or solution partners. Additionally, you acknowledge that if you choose to display any product ordered from Successories.com,in a public setting, including on the Internet, in a way which disparages Successories.com, Successories.com board members, employees, shareholders or partners, or the United States Postal Service, Successories.com reserves the right to demand immediate return of the product, to fUl1hermore pursue all recourses and remedies available under the law
Pricing, Shipping,and Terms of Sale
Prices for products are described on the Site and are incorporated into this Agreement by reference.All prices are in US dollars. Prices and products may change at Successories.com's discretion. Title and risk of loss for all products ordered by you shall pass to you on Successories.com shipment to the shipping carrier. Purchases are subject to Successories.com Return Policy. Successories.com reserves the right to cancel any order for any product that may violate the intellectual property rights of a third party and will notify the purchaser that the order has been canceled.
Correction of Errors and Inaccuracies
The information and product listings on this Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We also reserve the right to limit or restrict quantities of products (including after you have submitted your order)for any reason, including, without limitation, if the product violates any terms of this Agreement. Disclaimer of Warranties
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS, PROGRAMS AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND"AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SUCCESSORIES.COM AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT OT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SUCCESSORIES.COM DOES NOT MAKE ANY WARRANTY THAT (A) THE SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR (B) THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (D) THAT DEFECTS, IF ANY, WILL BE CORRECTED.
YOU AGREE THAT SUCCESSORIES.COM SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU IN CONNECTION WITH THE SITE OR ANY CONTENT CONTAINED THEREIN. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE.
YOU ACKNOWLEDGE THAT SUCCESSORIES.COM DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, SUCCESSORIES.COM AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS,RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE.
YOU ACKNOWLEDGE THAT SUCCESSORIES.COM MAKES NO WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS SITE WILL BE MAINTAINED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SUCCESSORIES.COM OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
Limit of Liability
UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, INCLUDING ITS OWN NEGLIGENCE, SHALL SUCCESSORIES.COM OR ITS PARENTS, SUBSIDIARIES, OFFICERS, EMPLOYEES, AFFILIATES, DIRECTORS,AGENTS, SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING,TRANSMITTING, OR DISTRIBUTING SUCCESSORIES.COM OR RELATED SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCCESSORIES.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(A) THE USE OR ABILITY TO USE THE SITE;
(B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE;
(C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY TO THE SITE OR
(E) ANY OTHER MATTER RELATING TO THE SITE.
ADDITIONALLY, THE MAXIMUM LIABILITY OF SUCCESSORIES.COM UNDER ALL CIRCUMSTANCES WILL BE THE AMOUNT PAID BY YOU TO SUCCESSORIES.COM IN CONSIDERATION OF YOUR USE OF THE WEBSITE OR $25, WHICHEVER IS LESS. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN SUCCESSORIES.COM AND YOU. THE WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
In the event of a breach by You, this Agreement and all licenses granted thereunder shall automatically terminate, except that the following provisions within this agreement pertaining to venue, intellectual property rights of Successories.com, Disclaimers of warranty, Disclaimer of Warranty and Limitation of Liability. Any termination of this Agreement terminates all of Your rights to use the Website, including Your license to the content located thereon.
Without limiting any other provision of this Agreement, Successories.com reserves the right to, in its sole discretion and without notice or liability, deny use of the Website to any person for any reason or no reason at all.
If any provision of this Agreement is invalid, illegal or unenforceable under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision and the remaining provisions of this Agreement shall in no way be affected or impaired. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
This Agreement and all of Your rights and obligations hereunder will not be assignable or transferable by You without the prior written consent of Successories.com Notwithstanding the foregoing, this Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Without limiting any other provision of this Agreement, this Agreement creates no agency, partnership,joint venture or employee-employer relationship between You and Successories.com.
You must be at least 13 years of age to use this Site. Please contact us if you have any concerns or questions about this restriction.
This Agreement (and any documents referred to in it) with the Nonexclusive License Agreement contains the whole agreement between the Parties relating to the transactions contemplated by this Agreement and supersedes all previous understandings and agreements between the Parties relating to these transactions. Each Party acknowledges that, in agreeing to enter into this Agreement, it has not relied on any representation, warranty, collateral contract or other assurance (except those set out in this Agreement and any documents referred to in it) made by or on behalf of any other Party or any other person whatsoever before the execution of this Agreement. Each Party waives all rights and remedies which,but for this Clause, might otherwise be available to it in respect of any such representation, warranty, collateral contract or other assurance, provided that nothing in this Clause shall limit or exclude any liability for willful misconduct or fraud."
These terms and conditions and your relationship with Successories.com shall be governed by and construed in accordance with the laws of the state of Florida, without resort to its conflict of law provisions. You and Successories.com agree to submit to the personal and exclusive jurisdiction of the coul1s located within the county of Palm Beach County. No agency, partnership, joint venture, employee-employer or franchiser / franchisee relationship is intended or created by this Agreement.Successories.com may assign its rights and responsibilities hereunder without notice to you. The failure of a pat1y to exercise or enforce any right or provision of this Agreement will not constitute a waiver of the right or provision.Successories.com's failure to act with respect to a breach by you or others does not waive Successories.com's right to act with respect to subsequent or similar breaches.