Terms Of Service

TERMS OF SERVICE AGREEMENT

PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS
EFFECTIVE AS OF 04/12/2019.

ACCEPTANCE OF TERMS

The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with EveryDay Success Team LLC , also known as EveryDay Success Team LLC, located at , , and our subsidiaries and affiliates, in association with the use of the EveryDay Success Team LLC website, which includes everydaysuccessteam.com, (the “Site”) and its Services, which shall be defined below.

DESCRIPTION OF WEBSITE SERVICES OFFERED

The Site is online marketing & business opportunity which has the following description: Our purpose is to deliver to our clients cutting edge products to enhance their everyday lives while offering unique business opportunities within our platform Any and all visitors to our site, despite whether they are registered or not, shall be deemed as “users” of the herein contained Services provided for the purpose of this
TOS. Once an individual registers for our Services, through the process of creating an account, the user shall then be considered a “member.” The user and/or member acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media
networking sites and numerous other platforms and downloadable programs, are the sole property of EveryDay Success Team LLC . At its discretion, EveryDay Success Team LLC may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. EveryDay Success Team LLC is in no way affiliated with Instagram, Facebook, Spotify, YouTube, Google or any other social media platform, website or company. All brand names and logos are the exclusive property of each respective owner. EveryDay Success Team LLC does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user and/or member, acknowledge, accept and agree that EveryDay Success Team LLC shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith. Furthermore, the user and/or member understands, acknowledges and agrees that theServices offered shall be provided “AS IS” and as such EveryDay Success Team LLC shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.

REGISTRATION

To register and become a “member” of the Site, you must be at least 18 years of age to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving EveryDay Success
Team LLC’s Services under the laws and statutes of the United States or other applicable jurisdiction. When you register, EveryDay Success Team LLC may collect information such as your name, e- mail address, birth date, gender, mailing address, occupation, industry and personal interests. You can edit your account information at any time. Once you register with EveryDay Success Team LLC and sign in to our Services, you are no longer anonymous to us.
Furthermore, the registering party hereby acknowledges, understands and agrees to:
a) furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and
b) maintainandpromptlyupdateyourregistrationandprofileinformationinaneffortto maintain accuracy and completeness at all times. If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, EveryDay Success Team LLC will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of EveryDay Success Team LLC Services, or any portion thereof. It is EveryDay Success Team LLC’s priority to ensure the safety and privacy of all its visitors, users and members, especially that of children. Therefore, it is for this reasonthat the parents of any child under the age of 13 that permit their child or children access to the EveryDay Success Team LLC website platform Services must create a
“family” account, which will certify that the individual creating the “family” account is of 18 years of age and as such, the parent or legal guardian of any child or children registered under the “family” account. As the creator of the “family” account, s/he is
thereby granting permission for his/her child or children to access the various Services provided, including, but not limited to, message boards, email, and/or instant messaging. It is the parent’s and/or legal guardian’s responsibility to determine whether
any of the Services and/or content provided are age-appropriate for his/her child.

MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY

When you set up an account, you are the sole authorized user of your account. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It is your responsibility for any act or omission of any user(s) that access your account information that, if undertaken by you, would be deemed a violation of the TOS. It shall be your responsibility to notify EveryDay Success Team LLC immediately if you notice any unauthorized access or use of your account or password or any other breach of security. EveryDay Success Team LLC shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS.

CONDUCT

As a user or member of the Site, you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the
expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of the EveryDay Success Team LLC Services, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by EveryDay Success Team LLC.
Furthermore, you herein agree not to make use ofEveryDay Success Team LLC’s
Services for the purpose of:
A) uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another’s privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;
B) causing harm to minors in any manner whatsoever;
C) impersonating any individual or entity, including, but not limited to, any EveryDay Success Team LLC officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;
D) forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with;
E) uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;
F) uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;
G) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, “junk mail,” “spam,” or any other form of solicitation, except in any such areas that may have been designated for such purpose;
H) uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;
I) disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users’ ability to participate in any real time interactions;
J) interfering with or disrupting any EveryDay Success Team LLC Services, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers;
K) Intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
L) providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a “foreign terrorist organization” in accordance to Section.219 of the Immigration Nationality Act;
M) “stalking” or with the intent to otherwise harass another individual; and/or
N) collectingorstoringofanypersonaldatarelatingtoanyothermemberoruserin connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs. EveryDay Success Team LLC herein reserves the right to pre-screen, refuse and/or
delete any content currently available through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate the TOS or which would otherwise be considered offensive to other visitors, users and/or members. EveryDay Success Team LLC herein reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:
A) compliance with any legal process;
B) enforcement of the TOS;
C) responding to any claim that therein contained content is in violation of the
rights of any third party;
D) responding to requests for customer service; or
E) protecting the rights, property or the personal safety of EveryDay Success Team LLC, its visitors, users and members, including the general public. EveryDay Success Team LLC herein reserves the right to include the use of security components that may permit digital information or material to be protected, and thatsuch use of information and/or material is subject to usage guidelines and regulations established by EveryDay Success Team LLC or any other content providers supplying content services to EveryDay Success Team LLC. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.

INTERSTATE COMMUNICATION

Upon registration, you hereby acknowledge that by using everydaysuccessteam.com to send electronic communications, which would include, but are not limited to, email, searches, instant messages, uploading of files, photos and/or videos, you will be
causing communications to be sent through our computer network. Therefore, through your use, and thus your agreement with this TOS, you are acknowledging that the use of this Service shall result in interstate transmissions.

CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE

Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (http://www.treasury.gov/resourcecenter/ sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
A) are not on the list of prohibited individuals which may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;
B) Agree not to transfer any software, technology or any other technical data through the use of our network Services to any export-prohibited country;
C) agree not to use our website network Services for any military, nuclear,missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws; and
D) agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws.

CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES

EveryDay Success Team LLC shall not lay claim to ownership of any content submitted by any visitor, member, or user, nor make such content available for inclusion on our website Services. Therefore, you hereby grant and allow for EveryDay Success Team LLC the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:
a) The content submitted or made available for inclusion on the publicly accessible areas of EveryDay Success Team LLC’s sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of EveryDay Success Team LLC’s sites, and shall terminate at such time when you elect to discontinue your membership.
b) Photos,audio,videoand/orgraphicssubmittedormadeavailableforinclusiononthe publicly accessible areas of EveryDay Success Team LLC’s sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services are for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of EveryDay Success Team LLC’s sites and shall terminate at such time when you elect to discontinue your membership.
c) For any other content submitted or made available for inclusion on the publicly accessible areas of EveryDay Success Team LLC’s sites, the continuous, binding and completely sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicl perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium current used or later developed. Those areas which may be deemed “publicly accessible” areas ofEveryDay Success Team LLC’s sites are those such areas of our network properties which are meant to be available to the general public, and which would include message boards and groups that are openly available to both users and members. However, those areas which are not open to the public, and thus available to members only, would include our mail system and instant messaging.

CONTRIBUTIONS TO COMPANY WEBSITE

EveryDay Success Team LLC provides an area for our users and members to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals (“Contributions”) to our site, you acknowledge and agree that:
a) your contributions do not contain any type of confidential or proprietary information;
b) EveryDaySuccessTeamLLCshallnotbeliableorunderanyobligationtoensureor maintain confidentiality, expressed or implied, related to any Contributions;
c) EveryDay Success Team LLC shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;
d) the contributor’s Contributions shall automatically become the sole property of EveryDay Success Team LLC; and
e) EveryDay Success Team LLC is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.

INDEMNITY

All users and/or members herein agree to insure and hold EveryDay Success Team LLC, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to,
reasonable attorney fees made by any third party which may arise from any content a member or user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of EveryDay Success Team LLC Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another
person.

COMMERCIAL REUSE OF SERVICES

The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to EveryDay Success Team LLC’s sites.

USE AND STORAGE GENERAL PRACTICES

You herein acknowledge that EveryDay Success Team LLC may set up any such practices and/or limits regarding the use of our Services, without limitation of the maximum number of days that any email, message posting or any other uploaded content shall be retained by EveryDay Success Team LLC, nor the maximum number of email messages that may be sent and/or received by any member, the maximum volume or size of any email message that may be sent from or may be received by an account on our Service, the maximum disk space allowable that shall be allocated on EveryDay Success Team LLC’s servers on the member’s behalf, and/or the maximum number of times and/or duration that any member may access our Services in a given period of time. In addition, you also agree that EveryDay Success Team LLC has absolutely no responsibility or liability for the removal or failure to maintain storage of any messages and/or other communications or content maintained or transmitted by our Services. You also herein acknowledge that we reserve the right to delete or remove any account that is no longer active for an extended period of time. Furthermore, EveryDay Success Team LLC shall reserve the right to modify, alter and/or update these general practices and limits at our discretion. Any messenger service, which may include any web-based versions, shall allow you and the individuals with whom you communicate with the ability to save your conversations in your account located on EveryDay Success Team LLC’s servers. In this manner, you will be able to access and search your message history from any
computer with internet access. You also acknowledge that others have the option to use and save conversations with you in their own
personal account on everydaysuccessteam.com. It is your agreement to this TOS which establishes your consent to allow EveryDay Success Team LLC to store any and all communications on its servers.

MODIFICATIONS

EveryDay Success Team LLC shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.

CANCELLATION/TERMINATION

DUE TO THE SENSITIVITY OF INFORMATION PROVIDED AT POINT OF PURCHASE, THERE ARE NO REFUNDS. THIS MEMBERSHIP IS A CONTINUOUS MONTHLY PAYMENT PLAN. THE BUYER MAY CANCEL THIS AGREEMENT AFTER COMPLETING THE INITIAL 30 DAY TERM BY PROVIDING 30 DAYS NOTICE PRIOR TO THE PAYMENT DUE DATE ON YOUR AGREEMENT. DUE TO THE SENSITIVE NATURE OF OUR PROPRIETARY PLATFORM PURCHASER CAN NOT CANCEL THE FIRST MONTH AFTER GAINING ENTRY TO THE PLATFORM AND ITS CONTENT. HOWEVER YOU CAN REQUEST TO CANCEL ANYTIME WITHIN THE FIRST MONTH FOR THE FOLLOWING MONTH AND YOUR ACCOUNT WILL NO LONGER BE CHARGED AFTER THE FIRST MONTH. TO CANCEL AFTER THE FIRST MONTH OR ANY MONTH AFTER THE FIRST MONTH SIMPLY SEND AN EMAIL TO support@everydaysuccessteam.com . You may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termination request to support@everydaysuccessteam.com 30 days prior to the next billing date. As a member, you agree that EveryDay Success Team LLC may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:
A) any breach or violation of our TOS or any other incorporated agreement, regulation and/or guideline;
b) by way of requests from law enforcement or any other governmental agencies;
c) the discontinuance, alteration and/or material modification to our Services, orany part thereof;
d) unexpected technical or security issues and/or problems;
e) any extended periods of inactivity;
f) any engagement by you in any fraudulent or illegal activities; and/or
g) the nonpayment of any associated fees that may be owed by you inconnection with your everydaysuccess team.com account Services.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services. The termination of your account with everydaysuccessteam.com shall include any and/or all of the following:
a) the removal of any access to all or part of the Services offered within everydaysuccessteam.com;
b) the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and
c) the barring of any further use of all or part of our Services.

ADVERTISERS

Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that EveryDay Success Team LLC shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.

LINKS

Either EveryDay Success Team LLC or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that EveryDay Success Team LLC shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.

PROPRIETARY RIGHTS

You do hereby acknowledge and agree that EveryDay Success Team LLC’s Services and any essential software that may be used in connection with our Services (“Software”) shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by EveryDay Success Team LLC or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on EveryDay Success Team LLC Services (e.g. Content or Software), in whole or part. EveryDay Success Team LLC herein has granted you personal, non-transferable and non- exclusive rights and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by EveryDay Success Team LLC for use in accessing our Services.

WARRANTY DISCLAIMERS

YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF EVERYDAY SUCCESS TEAM LLC SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. EVERYDAY SUCCESS TEAM LLC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b) EVERYDAY SUCCESS TEAM LLC AND OUR SUBSIDIARIES ,OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) EVERYDAY SUCCESS TEAM LLC SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) EVERYDAY SUCCESS TEAM LLC SERVICES OR SOFTWARE SHALL BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE EVERYDAY SUCCESS TEAM LLC SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF EVERYDAY SUCCESS TEAM LLC SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
D) NO ADVICE AND/ OR INFORMATION ,DESPITE WHETHER WRITTEN OR ORAL,THAT MAY BE OBTAINED BY YOU FROM EVERYDAY SUCCESS TEAM LLC OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
E) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES,
LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

LIMITATION OF LIABILITY

YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT EVERYDAY SUCCESS TEAM LLC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT DAMAGES MAY OCCUR, AND RESULT FROM:
A) THE USE OR INABILITY TO USE OUR SERVICE;
B) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
C) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
D) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
E) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

RELEASE

In the event you have a dispute, you agree to release EveryDay Success Team LLC (and its officers, directors, employees, agents, parent subsidiaries, affiliates, cobranders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.

SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS

Should you intend to create or to join any service, receive or request any such news, messages, alerts or other information from our Services concerning companies, stock quotes, investments or securities, please review the above Sections Warranty Disclaimers and Limitations of Liability again. In addition, for this particular type of information, the phrase “Let the investor beware” is appropriate. EveryDay Success Team LLC’s content is provided primarily for informational purposes, and no content that shall be provided or included in our Services is intended for trading or investing purposes. EveryDay Success Team LLC and our licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted and/or made available by way of our Services, and shall not be responsible or liable for any trading and/or investment decisions based on any such information.

EXCLUSION AND LIMITATIONS

THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE
ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

THIRD PARTY BENEFICIARIES

You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be no third-party beneficiaries to this agreement.

NOTICE

EveryDay Success Team LLC may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.

TRADEMARK INFORMATION

You herein acknowledge, understand and agree that all of the EveryDay Success Team LLC trademarks, copyright, trade name, service marks, and other EveryDay Success Team LLC logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of EveryDay Success Team LLC. You herein agree not to display and/or use in any manner the EveryDay Success Team LLC logo or marks without obtaining EveryDay Success Team LLC’s prior written consent.

COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES

EveryDay Success Team LLC will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, EveryDay Success Team LLC may disable and/or terminate the accounts of any user who violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:
A) The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
B) A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
C) A description of the location of the site which you allege has been infringing upon your work;
D) Your physical address, telephone number, and email address;
E) A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;
F) And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner’s behalf.

CLOSED CAPTIONING

BE IT KNOWN, that EveryDay Success Team LLC complies with all applicable Federal Communications Commission rules and regulations regarding the closed captioning of video content. For more information, please visit our website at everydaysuccessteam.com.

GENERAL INFORMATION

ENTIRE AGREEMENT

This TOS constitutes the entire agreement between you and EveryDay Success Team LLC and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to EveryDay Success Team LLC Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other EveryDay Success Team LLC Services, affiliate Services, thirdparty content or third-party software.

CHOICE OF LAW AND FORUM

It is at the mutual agreement of both you and EveryDay Success Team LLC with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of New York without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and EveryDay Success Team LLC, shall be filed within the courts having jurisdiction within the County of Albany, New York or the U.S. District Court located in said state. You and EveryDay Success Team LLC agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

WAIVER AND SEVERABILITY OF TERMS

At any time, should EveryDay Success Team LLC fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY

You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

STATUTE OF LIMITATIONS

You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within 1 year(s) after said claim or cause of action arose or shall be forever barred.

VIOLATIONS

Please report any and all violations of this TOS to EveryDay Success Team LLC as follows: Email: support@everydaysuccessteam.com

NON COMPETITION AGREEMENT

The Contractor agrees that during the Retainer and for a period of two (2) years after the end of that term, the Contractor will not give advice, resell similar and/or related services, compete directly or indirectly under a new business name, website, coorporation or lend credit, money or the Contractor’s reputation to any natural person or business entity engaged in a competing business in any geographic area in which the Client conducts its business, and the Contractor will not, directly or indirectly, as employee, owner, sole proprietor, partner, director, member, consultant, agent, founder, co-venture or otherwise, solely or jointly with others, engage in any business that is in competition with the business of the Client within the following geographic area:
Non-Solicitation
The Contractor understands and agrees that any attempt on the part of the Contractor to induce other employees or contractors to leave the Client’s workforce, or any effort by the Contractor to interfere with the Client’s relationship with its other employees and contractors would be harmful and damaging to the Client. The Contractor agrees that during the Retainer, and for a period of two (2) years after the end of that term, the Contractor will not in any way, directly or indirectly:
1. Induce or attempt to induce any employee or contractor of the Client to quit employment or retainer with the Client;
2. Otherwise interfere with or disrupt the Client’s relationship with its employees and contractors;
3. Discuss employment opportunities or provide information about competitive employment to any of the Client’s employees or contractors; or
4. Solicit, entice, or hire away any employee or contractor of the Client for the purpose of an employment opportunity that is in competition with the Client.
This non-solicitation obligation as described in this section will be limited to employees or contractors who were employees or contractors of the Client during the period that the Contractor was retained by the Client.
During the Retainer, and for two (2) years thereafter, the Contractor will not divert or attempt to divert from the Client any business the Client had enjoyed, solicited, or attempted to solicit, from its customers, prior to termination or expiration, as the case may be, of the Retainer.
Confidential Information
The Contractor acknowledges that, in any position the Contractor may hold, in and as a result of the Retainer, the Contractor will, or may, be making use of, acquiring or adding to information which is confidential to the Client (the “Confidential Information”) and the Confidential Information is the exclusive property of the Client.
The Confidential Information will include all data and information relating to the business and management of the Client, including but not limited to, proprietary and trade secret technology and accounting records to which access is obtained by the Contractor, including Work Product, Computer Software, Other Proprietary Data, Business Operations, Marketing and Development Operations, and Customer Information.
The Confidential Information will also include any information that has been disclosed by a third party to the Client and is governed by a non-disclosure agreement entered into between that third party and the Client.
The Confidential Information will not include information that:
1. Is generally known in the industry of the Client;
2. Is now or subsequently becomes generally available to the public through no wrongful act of the Contractor;
3. Was rightfully in the possession of the Contractor prior to the disclosure to the Contractor by the Client;
4. Is independently created by the Contractor without direct or indirect use of the Confidential Information; or
5. The Contractor rightfully obtains from a third party who has the right to transfer or disclose it.
The Confidential Information will also not include anything developed or produced by the Contractor during the Retainer, including but not limited to, any intellectual property, process, design, development, creation, research, invention, know-how, trade name, trade-mark or copyright that:
1. Was developed without the use of equipment, supplies, facility or Confidential Information of the Client;
2. Was developed entirely on the Contractor’s own time;
3. Does not result from any work performed by the Contractor for the Client; and
4. Does not relate to any actual or reasonably anticipated business opportunity of the Client.
Duties and Obligations Concerning Confidential Information
The Contractor agrees that a material term of this Agreement to keep all Confidential Information absolutely confidential and protect its release from the public. The Contractor agrees not to divulge, reveal, report or use, for any purpose, any of the Confidential Information which the Contractor has obtained or which was disclosed to the Contractor by the Client as a result of the Retainer. The Contractor agrees that if there is any question as to such disclosure then the Contractor will seek out senior management of the Client prior to making any disclosure of the Client’s information that may be covered by this Agreement.
The Contractor agrees and acknowledges that the Confidential Information is of a proprietary and confidential nature and that any disclosure of the Confidential Information to a third party in breach of this Agreement cannot be reasonably or adequately compensated for in money damages, would cause irreparable injury to Client, would gravely affect the effective and successful conduct of the Client’s business and goodwill, and would be a material breach of this Agreement.
The obligations to ensure and protect the confidentiality of the Confidential Information imposed on the Contractor in this Agreement and any obligations to provide notice under this Agreement will survive the expiration or termination, as the case may be, of this Agreement and will continue indefinitely from the date of such expiration or termination.
The Contractor may disclose any of the Confidential Information:
1. To a third party where Client has consented in writing to such disclosure; or
2. To the extent required by law or by the request or requirement of any judicial, legislative, administrative or other governmental body after providing reasonable prior notice to the Client.
If the Contractor loses or makes unauthorized disclosure of any of the Confidential Information, the Contractor will immediately notify the Client and take all reasonable steps necessary to retrieve the lost or improperly disclosed Confidential Information.
Avoiding Conflict of Opportunities.
It is understood and agreed that if you are given any assistance with growing your team, given any salesperson(s) from your up line or the company to join your downline/team for you to mentor and but not limited to benefit from in anyway that you did not bring on yourself solely, those salespeople can be taken away at any time. This can occur if you begin to work for another company, are not putting in the time to help them and but not limited to start doing business elsewhere. This move is at the sole discretion of EveryDay Success Team LLC and the sponsor(s) who helped assist you with the users in the first place. It is understood and agreed that if you decide to work for another business in sales or any other time consuming work that any and all of your downline that was given to you by the company or up line can be taken away at any time if deemed that you are not assisting or providing value to them which was the reason for the move to assist you in the first place.
It is understood and agreed that any business opportunity relating to or similar to the Client’s current or anticipated business opportunities coming to the attention of the Contractor during the Retainer is an opportunity belonging to the Client. Accordingly, the Contractor will advise the Client of the opportunity and cannot pursue the opportunity, directly or indirectly, without the written consent of the Client.
Without the written consent of the Client, the Contractor further agrees not to:
1. solely or jointly with others undertake or join any planning for or organization of any business activity competitive with the current or anticipated business activities of the Client; and
2. directly or indirectly, engage or participate in any other business activities which the Client, in their reasonable discretion, determines to be in conflict with the best interests of the Client.
Without the written consent of the Client, the Contractor further agrees not to directly or indirectly, engage or participate in any other business activities which the Client, in their reasonable discretion, determines to be in conflict with the best interests of the Client.
Ownership and Title to Confidential Information
The Contractor acknowledges and agrees that all rights, title and interest in any Confidential Information will remain the exclusive property of the Client. Accordingly, the Contractor specifically agrees and acknowledges that the Contractor will have no interest in the Confidential Information, including, without limitation, no interest in know-how, copyright, trade-marks or trade names, notwithstanding the fact that the Contractor may have created or contributed to the creation of the Confidential Information.
The Contractor waives any moral rights that the Contractor may have with respect to the Confidential Information.
The Contractor agrees to immediately disclose to the Client all Confidential Information developed in whole or in part by the Contractor during the Retainer and to assign to the Client any right, title or interest the Contractor may have in the Confidential Information. The Contractor agrees to execute any instruments and to do all other things reasonably requested by the Client, both during and after the Retainer, in order to vest more fully in the Client all ownership rights in those items transferred by the Contractor to the Client.
Return of Confidential Information
The Contractor agrees that, upon request of the Client or upon termination or expiration, as the case may be, of the Retainer, the Contractor will turn over to the Client all Confidential Information belonging to the Client, including but not limited to, all documents, plans, specifications, disks or other computer media, as well as any duplicates or backups made of that Confidential Information in whatever form or media, in the possession or control of the Contractor that:
1. May contain or be derived from ideas, concepts, creations, or trade secrets and other proprietary and Confidential Information as defined in this Agreement; or
2. is connected with or derived from the Contractor’s services to the Client.
Remedies
The Contractor agrees and acknowledges that the Confidential Information is of a proprietary and confidential nature and that any failure to maintain the confidentiality of the Confidential Information in breach of this Agreement cannot be reasonably or adequately compensated for in money damages and would cause irreparable injury to the Client. Accordingly, the Contractor agrees that the Client is entitled to, in addition to all other rights and remedies available to them at law or in equity, an injunction restraining the Contractor, any of its personnel, and any agents of the Contractor, from directly or indirectly committing or engaging in any act restricted by this Agreement in relation to the Confidential Information.
Notices
In the event that the Contractor is required in a civil, criminal or regulatory proceeding to disclose any part of the Confidential Information, the Contractor will give to the Client prompt written notice of such request so the Client may seek an appropriate remedy or alternatively to waive the Contractor’s compliance with the provisions of this Agreement in regard to the request.
If the Contractor loses or fails to maintain the confidentiality of any of the Confidential Information in breach of this Agreement, the Contractor will immediately notify the Client and take all reasonable steps necessary to retrieve the lost or improperly disclosed Confidential Information.
Any notices or delivery required in this Agreement will be deemed completed when hand-delivered, delivered by agent, or seven (7) days after being placed in the post, postage prepaid, to the parties at the addresses contained in this Agreement or as the parties may later designate in writing.

In providing the Confidential Information, the Client makes no representations, either expressly or impliedly as to its adequacy, sufficiency, completeness, correctness or its lack of defect of any kind, including any patent or trademark infringement that may result from the use of such information.

Termination

This Agreement will automatically terminate 2 years after the date that the Retainer terminates or expires, as the case may be. Except as otherwise provided in this Agreement, all rights and obligations under this Agreement will terminate at that time or at the sole discretion of EveryDay Success Team LLC.
Assignment
Except where a party has changed its corporate name or merged with another corporation, this Agreement may not be assigned or otherwise transferred by either party in whole or part without the prior written consent of the other party to this Agreement.
Amendments
This Agreement may only be amended or modified by a written instrument executed by both the Client and the Contractor.
Governing Law
This Agreement will be construed in accordance with and governed by the laws of State of New York.
Definitions
For the purpose of this Agreement the following definitions will apply:
1. ‘Work Product’ means work product information, including but not limited to, work product resulting from or related to work or projects performed or to be performed for the Client or for customers of the Client, of any type or form in any stage of actual or anticipated research and development.
2. ‘Computer Software’ means computer software resulting from or related to work or projects performed or to be performed for the Client or for customers of the Client, of any type or form in any stage of actual or anticipated research and development, including but not limited to, programs and program modules, routines and subroutines, processes, algorithms, design concepts, design specifications (design notes, annotations, documentation, flowcharts, coding sheets, and the like), source code, object code and load modules, programming, program patches and system designs.
3. ‘Other Proprietary Data’ means information relating to the Client’s proprietary rights prior to any public disclosure of such information, including but not limited to, the nature of the proprietary rights, production data, technical and engineering data, test data and test results, the status and details of research and development of products and services, and information regarding acquiring, protecting, enforcing and licensing proprietary rights (including patents, copyrights and trade secrets).
4. ‘Business Operations’ means operational information, including but not limited to, internal personnel and financial information, vendor names and other vendor information (including vendor characteristics, services and agreements), purchasing and internal cost information, internal services and operational manuals, and the manner and methods of conducting the Client’s business.
5. ‘Marketing and Development Operations’ means marketing and development information, including but not limited to, marketing and development plans, price and cost data, price and fee amounts, pricing and billing policies, quoting procedures, marketing techniques and methods of obtaining business, forecasts and forecast assumptions and volumes, and future plans and potential strategies of the Client which have been or are being considered.
6. ‘Customer Information’ means customer information, including but not limited to, names of customers and their representatives, contracts and their contents and parties, customer services, data provided by customers and the type, quantity and specifications of products and services purchased, leased, licensed or received by customers of the Client.
General Provisions
Time is of the essence in this Agreement.
This Agreement may be executed in counterpart.
Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
The clauses, paragraphs, and subparagraphs contained in this Agreement are intended to be read and construed independently of each other. If any part of this Agreement is held to be invalid, this invalidity will not affect the operation of any other part of this Agreement.
The Contractor is liable for all costs, expenses and expenditures including, and without limitation, the complete legal costs incurred by the Client in enforcing this Agreement as a result of any default of this Agreement by the Contractor.
The Client and the Contractor acknowledge that this Agreement is reasonable, valid and enforceable. However, if a court of competent jurisdiction finds any of the provisions of this Agreement to be too broad to be enforceable, it is the intention of the Client and the Contractor that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable, bearing in mind that it is the intention of the Contractor to give the Client the broadest possible protection to maintain the confidentiality of the Confidential Information.
No failure or delay by the Client in exercising any power, right or privilege provided in this Agreement will operate as a waiver, nor will any single or partial exercise of such rights, powers or privileges preclude any further exercise of them or the exercise of any other right, power or privilege provided in this Agreement.
This Agreement will inure to the benefit of and be binding upon the respective heirs, executors, administrators, successors and assigns, as the case may be, of the Client and the Contractor.
This Agreement constitutes the entire agreement between the contractor and EveryDay Success Team LLC. EveryDay Success Team has the sole right and discretion to update these terms at any time and it is up to the contractor to review and understand the terms while working with EveryDay Success Team LLC.