TERMS AND CONDITIONS

 

Last updated October 01, 2024

 

AGREEMENT TO OUR LEGAL TERMS

 

We are:

  1. Genius Creation Trading Inc.

  2. John Calub Training International, Incorporated

  3. Yes To Success, LLC

 

We operate the website www.y2s.global (the "Site"), the mobile application Yes To Success (the "App"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

 

Yes To Success is a e-learning platform that provides online self-improvement seminars and digital products geared towards self-improvement in all areas of life.

 

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and John Calub Training International, Incorporated, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms.

IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

 

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.

 

The Services are intended for users who are at least 18 years old.  Persons under the age of 18 are not permitted to use or register for the Services.

We recommend that you print a copy of these Legal Terms for your records.

TABLE OF CONTENTS

 

1. OUR SERVICES

2. INTELLECTUAL PROPERTY RIGHTS

3. USER REPRESENTATIONS

4. USER REGISTRATION

5. PRODUCTS

6. PURCHASES AND PAYMENT

7. SUBSCRIPTIONS

8. RETURN/REFUNDS POLICY

9. PROHIBITED ACTIVITIES

10. USER GENERATED CONTRIBUTIONS

11. CONTRIBUTION LICENSE

12. GUIDELINES FOR REVIEWS

13. MOBILE APPLICATION LICENSE

14. SERVICES MANAGEMENT

15. PRIVACY POLICY

16. COPYRIGHT INFRINGEMENTS

17. TERM AND TERMINATION

18. MODIFICATIONS AND INTERRUPTIONS

19. GOVERNING LAW

20. DISPUTE RESOLUTION

21. CORRECTIONS

22. DISCLAIMER

23. LIMITATIONS OF LIABILITY

24. INDEMNIFICATION

25. USER DATA

26. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

27. SMS TEXT MESSAGING

28. MISCELLANEOUS

 

1. OUR SERVICES

 

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

 

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source

code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the worl.

The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use only.

 

Your use of our Services

Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section

below, we grant you a non-exclusive, non-transferable, revocable license to:

 

.access the Services; and

. download or print a copy of any portion of the Content to which you have properly gained access

.solely for your personal, non-commercial use,

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content

or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed,

encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial

purpose whatsoever, without our express prior written permission.

 

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or

elsewhere in our Legal Terms, please address your request to: [email protected]. If we ever grant you

the permission to post, reproduce, or publicly display any part of our Services or Content, you must

identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or

proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

 

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

 

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and

your right to use our Services will terminate immediately.

 

Your submissions and contributions

 

Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our

Services to understand the (a) rights you give us and (b) obligations you have when you post or upload

any content through the Services.

 

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other

information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

 

Contributions: The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, social media features and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material ("Contributions"). Any Submission that is publicly posted shall also be treated as a Contribution.

You understand that Contributions may be viewable by other users of the Services.

When you post Contributions, you grant us a license (including use of your name, trademarks,

and logos): By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual,

non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to: use, copy, reproduce,

distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat,

translate, excerpt (in whole or in part), and exploit your Contributions (including, without limitation, your

image, name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative

works of, or incorporate into other works, your Contributions, and to sublicense the licenses granted in this section. Our use and distribution may occur in any media formats and through any media channels.

This license includes our use of your name, company name, and franchise name, as applicable, and any

of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.

You are responsible for what you post or upload: By sending us Submissions and/or posting

Contributions through any part of the Services or making Contributions accessible through the Services by linking your account through the Services to any of your social networking accounts, you:

 

. confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send,

publish, upload, or transmit through the Services any Submission nor post any Contribution that is

illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory,

threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;

. to the extent permissible by applicable law, waive any and all moral rights to any such Submission

and/or Contribution;

. warrant that any such Submission and/or Contributions are original to you or that you have the

necessary rights and licenses to submit such Submissions and/or Contributions and that you have

full authority to grant us the above-mentioned rights in relation to your Submissions and/or

Contributions; and

. warrant and represent that your Submissions and/or Contributions do not constitute confidential

information.

 

You are solely responsible for your Submissions and/or Contributions and you expressly agree to

reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any

third party's intellectual property rights, or (c) applicable law.

 

We may remove or edit your Content: Although we have no obligation to monitor any Contributions, we

shall have the right to remove or edit any Contributions at any time without notice if in our reasonable

opinion we consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit

any such Contributions, we may also suspend or disable your account and report you to the authorities.

 

Copyright infringement

 

We respect the intellectual property rights of others. If you believe that any material available on or

through the Services infringes upon any copyright you own or control, please immediately refer to the

"COPYRIGHT INFRINGEMENTS" section below.

 

3. USER REPRESENTATIONS

 

By using the Services, you represent and warrant that: (1) all registration information you submit will be

true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly

update such registration information as necessary; (3) you have the legal capacity and you agree to

comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will

not access the Services through automated or non-human means, whether through a bot, script or

otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.

 

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to

suspend or terminate your account and refuse any and all current or future use of the Services (or any

portion thereof).

 

4. USER REGISTRATION

 

You may be required to register to use the Services. You agree to keep your password confidential and

will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or

change a username you select if we determine, in our sole discretion, that such username is

inappropriate, obscene, or otherwise objectionable.

 

5. PRODUCTS

 

We make every effort to display as accurately as possible the colors, features, specifications, and details

of the products available on the Services. However, we do not guarantee that the colors, features,

specifications, and details of the products will be accurate, complete, rellable, current, or free of other

errors, and your electronic display may not accurately reflect the actual colors and details of the products.

All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

 

6. PURCHASES AND PAYMENT

We accept the following forms of payment:

 

- Visa

- Mastercard

- Manual Payment

 

You agree to provide current, complete, and accurate purchase and account information for all purchases

made via the Services. You further agree to promptly update account and payment information, including

email address, payment method, and payment card expiration date, so that we can complete your

transactions and contact you as needed.  Sales tax will be added to the price of purchases as deemed

required by us. We may change prices at any time. All payments shall be in Philippine Pesos.

 

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping

fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing

your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already

requested or received payment.

 

We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit

or cancel quantities purchased per person, per household, or per order. These restrictions may include

orders placed by or under the same customer account, the same payment method, and/or orders that use orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

 

7. SUBSCRIPTIONS

Billing and Renewal

Your subscription will continue and automatically renew unless canceled. You consent to our charging

your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. The length of your billing cycle will depend on the type of subscription plan you choose when you subscribed to the Services.

 

Cancellation

You can cancel your subscription at any time by logging into your account. Your cancellation will take

effect at the end of the current paid term. If you have any questions or are unsatisfied with our Services,

please email us at [email protected].

 

Fee Changes

We may, from time to time, make changes to the subscription fee and will communicate any price changes

to you in accordance with applicable law.

 

8. RETURN/REFUNDS POLICY

All sales are final and no refund will be issued.

 

9. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services

available. The Services may not be used in connection with any commercial endeavors except those that

are specifically endorsed or approved by us.

 

As a user of the Services, you agree not to:

 

. Systematically retrieve data or other content from the Services to create or compile, directly or

indirectly, a collection, compilation, database, or directory without written permission from us.

. Trick, defraud, or mislead us and other users, especially in any attempt to leam sensitive account

information such as user passwords.

. Circumvent, disable, or otherwise interfere with security-related features of the Services, including

features that prevent or restrict the use or copying of any Content or enforce limitations on the use

of the Services and/or the Content contained therein.

. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.

. Use any information obtained from the Services in order to harass, abuse, or harm another person.

. Make improper use of our support services or submit false reports of abuse or misconduct.

. Use the Services in a manner inconsistent with any applicable laws or regulations.

. Engage in unauthorized framing of or linking to the Services.

. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material,

including excessive use of capital letters and spamming (continuous posting of repetitive text), that

interferes with any party's uninterrupted use and enjoyment of the Services or modifies, impairs,

disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the

Services.

. Engage in any automated use of the system, such as using scripts to send comments or messages,

or using any data mining, robots, or similar data gathering and extraction tools.

. Delete the copyright or other proprietary rights notice from any Content.

· Attempt to impersonate another user or person or use the userame of another user.

. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active

information collection or transmission mechanism, including without limitation, clear graphics

interchange formats ("gifs"), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes

referred to as "spyware" or "passive collection mechanisms" or "pcms")

. Interfere with, disrupt, or create an undue burden on the Services or the networks or services

connected to the Services.

. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any

portion of the Services to you.

. Attempt to bypass any measures of the Services designed to prevent or restrict access to the

Services, or any portion of the Services.

. Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or

other code.

. Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any

of the software comprising or in any way making up a part of the Services.

. Except as may be the result of standard search engine or Internet browser usage, use, launch,

develop, or distribute any automated system, including without limitation, any spider, robot, cheat

utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized

script or other software.

. Use a buying agent or purchasing agent to make purchases on the Services.

. Make any unauthorized use of the Services, including collecting usernames and/or email addresses

of users by electronic or other means for the purpose of sending unsolicited email, or creating user

accounts by automated means or under false pretenses.

. Use the Services as part of any effort to compete with us or otherwise use the Services and/or the

Content for any revenue-generating endeavor or commercial enterprise.

. Sell or otherwise transter your profile.

. Use the Services to advertise or offer to sell goods and services.

. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any

requirements, procedures, policies or regulations of networks connected to the Service;

. violate any applicable local, state, national or intemational law, or any regulations having the force

of law

. email or otherwise upload any content that (i) infringes any intellectual property or other proprietary

rights of any party; (ii) you do not have a right to upload under any law or under contractual or

fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs

designed to interrupt, destroy or limit the functionality of any computer software or hardware or

telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v)

constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities

and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or

any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious,

excessively violent, defamatory, vulgar, obscene, porographic, libelous, invasive of another's

privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Yes To

"THE COMPANY", is objectionable or which restricts or inhibits any other person from using or

enjoying the Service, or which may expose 'THE COMPANY" or its users to any harm or liability of

any type;

. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a

person or entity; solicit personal information from anyone under the age of 18;

. harvest or collect email addresses or other contact information of other users from the Service by

electronic or other means for the purposes of sending unsolicited emails or other unsolicited

communications;

. advertise or offer to sell or buy any goods or services for any business purpose that is not

specifically authorized:

. urther or promote any criminal activity or enterprise or provide instructional information about illegal

activities;

 

10. USER GENERATED CONTRIBUTIONS

 

The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums,

and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

. The creation, distribution, transmission, public display, or performance, and the accessing,

downloading, or copying of your Contributions do not and will not infringe the proprietary rights,

including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third

party

. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and

permissions to use and to authorize us, the Services, and other users of the Services to use your

Contributions in any manner contemplated by the Services and these Legal Terms.

. You have the written consent, release, and/or permission of each and every identifiable individual

person in your Contributions to use the name or likeness of each and every such identifiable

individual person to enable inclusion and use of your Contributions in any manner contemplated by

the Services and these Legal Terms.

. Your Contributions are not false, inaccurate, or misleading.

. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid

schemes, chain letters, spam, mass mailings, or other forms of solicitation.

. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous,

or otherwise objectionable (as determined by us).

. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other

person and to promote violence against a specific person or class of people.

. Your Contributions do not violate any applicable law, regulation, or rule.

. Your Contributions do not violate the privacy or publicity rights of any third party.

. Your Contributions do not violate any applicable law conceming child pomography, or otherwise

intended to protect the health or well-being of minors.

. Your Contributions do not include any offensive comments that are connected to race, national

origin, gender, sexual preference, or physical handicap.

. Your Contributions do not otherwise violate, or link to material that violates, any provision of these

Legal Terms, or any applicable law or regulation.

 

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among

other things, termination or suspension of your rights to use the Services.

 

11. CONTRIBUTION LICENSE

 

By posting your Contributions to any part of the Services, you automatically grant, and you represent and

warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-

exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce,

disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display,

reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including,

without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to

prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize

sublicenses of the foregoing. The use and distribution may occur in any media formats and through any

media channels.

 

This license will apply to any form, media, or technology now known or hereafter developed, and includes

our use of your name, company name, and franchise name, as applicable, and any of the trademarks,

service marks, trade names, logos, and personal and commercial images you provide. You waive all

moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in

your Contributions.

 

We do not assert any ownership over your Contributions. You retain full ownership of all of your

Contributions and any intellectual property rights or other proprietary rights associated with your

Contributions. We are not liable for any statements or representations in your Contributions provided by

you in any area on the Services. You are solely responsible for your Contributions to the Services and you

expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against

us regarding your Contributions.

 

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any

Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the

Services; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice.

We have no obligation to monitor your Contributions.

 

12. GUIDELINES FOR REVIEWS

 

We may provide you areas on the Services to leave reviews or ratings. When posting a review, you must

comply with the following criteria: (1) you should have firsthand experience with the person/entity being

reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful

language; (3) your reviews should not contain discriminatory references based on religion, race, gender,

national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain

references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews;

(6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or

misleading statements; and (8) you may not organize a campaign encouraging others to post reviews,

whether positive or negative.

 

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to

screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate.

Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our

affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses

resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive,

worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify,

translate, transmit by any means, display, perform, and/or distribute all content relating to review.

 

13. MOBILE APPLICATION LICENSE

 

Use License

 

If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Legal Terms. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the App; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App; (5) use the App for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the App available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App; (8) use the App to send automated queries to any website or to send any unsolicited commercial email; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.

 

Apple and Android Devices

 

The following terms apply when you use the App obtained from either the Apple Store or Google Play (each an "App Distributor") to access the Services: (1) the license granted to you for our App is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor's terms of service; (2) we are responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this mobile application license contained in these Legal Terms or as otherwise required under applicable law, and you acknowledge that each App

Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App: (3) in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App: (4) you represent and warrant that (i) you are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a "terrorist supporting" country and (ii) you are not listed on any US govemment list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the App, e.g., if you have a VolP application, then you must not be in violation of their wireless data service agreement when using the App; and (6) you must not be in violation of their wireless data service agreement when using the App; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Legal Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Legal Terms against you as a third-party beneficlary thereof.

 

14. SERVICES MANAGEMENT

 

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal

Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or

these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in

our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (t0

the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole

discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all

files and content that are excessive in size or are in any way burdensome to our systems; and (5)

otherwise manage the Services in a manner designed to protect our rights and property and to facilitate

the proper functioning of the Services.

 

15. PRIVACY POLICY

 

We care about data privacy and security. By using the Services, you agree to be bound by our Privacy

Policy posted on the Services, which is incorporated into these Legal Terms. Please be advised the

Services are hosted in Germany.  If you access the Services from any other region of the worl with laws

or other requirements govemning personal data collection, use, or disclosure that differ from applicable

laws in Germany, then through your continued use of the Services, you are transferring your data to

Germany, and you expressly consent to have your data transferred to and processed in Germany.

 

16. COPYRIGHT INFRINGEMENTS

 

We respect the intellectual property rights of others. If you believe that any material available on or

through the Services infringes upon any copyright you own or control, please immediately notify us using

the contact information provided below (a "Notification"). A copy of your Notification will be sent to the

person who posted or stored the material addressed in the Notification. Please be advised that pursuant

to applicable law you may be held liable for damages if you make material misrepresentations in a

Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your

copyright, you should consider first contacting an attorney.

 

17. TERM AND TERMINATION

 

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING

ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE

DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE

SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON

OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY

REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY

APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE

SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU

POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

 

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may

be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

 

18. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Services.

 

We cannot guarantee the Services will be available at all times. We may experience hardware, software,

or other problems or need to perform maintenance related to the Services, resulting in interruptions,

delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise

modify the Services at any time or for any reason without notice to you. You agree that we have no liability

whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services

during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to

obligate us to maintain and support the Services or to supply any corrections, updates, or releases in

connection therewith.

 

19. GOVERNING LAW

 

These Legal Terms and your use of the Services are govemed by and construed in accordance with the

laws of the Philippines applicable to agreements made and to be entirely performed within the

City of San Juan, without regard to its conflict of law principles.

 

20. DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal

Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least ninety (90) days before initiating arbitration.

Such informal negotiations commence upon written notice from one Party to the other Party.

 

Binding Arbitration

 

Any dispute arising out of or in connection with these Legal Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, as a result of referring to it, is considered as the part of this clause. The number of arbitrators shall be three (3). The seat, or legal place, or arbitration shall be San Juan City, Philippines. The language of the proceedings shall be English. The govemning law of these Legal Terms shall be substantive law of the Philippines.

 

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

 

Exceptions to Informal Negotiations and Arbitration

 

The Parties agree that the following Disputes are not subject to the above provisions concerning informal

negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity

of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations

of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this

provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

 

21. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions,

including descriptions, pricing, availability, and various other information. We reserve the right to correct

any errors, inaccuracies, or omissions and to change or update the information on the Services at any

time, without prior notice.

 

22. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR

USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY

LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE

SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED

WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-

INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR

COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR

MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR

RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND

MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,

RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED

ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL

INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR

CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN

HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY

THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR

FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY

CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE

DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT

OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY

HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY

BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE

RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY

PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR

SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST

JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

 

23. LIMITATIONS OF LIABILITY

 

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR

ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,

SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA,

OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN

ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE

CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND

REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT

PAID, IF ANY, BY YOU TO US DURING THE ZERO (0) MONTH PERIOD PRIOR TO ANY CAUSE OF

ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW

LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN

DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR

LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

24. INDEMNIFICATION

 

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our

respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim,

or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising

out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of

your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a

third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

 

25. USER DATA

 

We will maintain certain data that you transmit to the Services for the purpose of managing the

performance of the Services, as well as data relating to your use of the Services. Although we perform

regular routine backups of data, you are solely responsible for all data that you transmit or that relates to

any activity you have undertaken using the Services. You agree that we shall have no liability to you for

any loss or corruption of any such data, and you hereby waive any right of action against us arising from

any such loss or corruption of such data.

 

26. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic

communications. You consent to receive electronic communications, and you agree that all agreements,

notices, disclosures, and other communications we provide to you electronically, via email and on the

Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO

THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND

TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS

INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or

requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which

require an original signature or delivery or retention of non-electronic records, or to payments or the

granting of credits by any means other than electronic means.

 

27. SMS TEXT MESSAGING

Opting Out

If at any time you wish to stop receiving SMS messages from us, simply reply to the text with "STOP." You

may receive an SMS message confirming your opt out.

 

Message and Data Rates

 

Please be aware that message and data rates may apply to any SMS messages sent or received. The

rates are determined by your carrier and the specifics of your mobile plan.

 

Support

 

If you have any questions or need assistance regarding our SMS communications, please email us at

[email protected].

 

29. MISCELLANEOUS

 

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assion any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby walve any and all defenses you may have based on the electronic form of these Legal

Terms and the lack of signing by the parties hereto to execute these Legal Terms.

 

30. CONTACT US

 

In order to resolve a complaint regarding the Services or to receive further information regarding use of

the Services, please contact us at:

Genius Creation Trading Incorporated

35 J. Ruiz Street

San Juan City, Metro Manila 1500

Philippines

Phone:  (02) 8879479

Email:  [email protected]

John Calub Training International, Incorporated

35 J. Ruiz Street

San Juan City, Metro Manila 1500

Philippines

Phone:  (02) 8879479

Email:  [email protected]

Yes To Success LLC

1111B S Governors Ave STE 21335 Dover, DE, United States of America, 19904

Phone:  (02) 8879479

Email:  [email protected]

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