The following Terms and Conditions apply to the use of this Web site as well as all transactions conducted through the site.

  • Use Of Site
  • The following Terms and Conditions apply to the use of this Web site as well as all transactions conducted through the site. * TERMS OF SALE * USE OF SITE PAYMENT METHODS
    My Wake Up Call accepts credit cards, payment through your PayPal account. If a credit card company, or your PayPal account, is being used for a transaction, My Successables, Inc. may obtain a pre-approval from the credit card company or from PayPal (as the case may be) for an amount up to the amount of the order. Billing to your credit card or to your PayPal account occurs at the time of purchase or rental (as applicable) or shortly thereafter. My Wake Up Call accepts the following credit cards: Visa, MasterCard, American Express, and Discover. Debit cards and check cards have daily spending limits that may prevent the processing of your order. If a transaction has been declined online due to credit card issues, or issues with your PayPal account, please ensure all data is correct and resubmit. If the transaction is not accepted online, you will be unable to use that card or your PayPal account (as the case may be) for your transaction and should use another credit card.
    BILLING

    SALES TAX
    My Wake Up Call transactions will include sales tax based on the bill-to address and the sales tax rate in effect at the time your transaction is completed. If the sales tax rate for the billing address changes before the purchased or rented (as applicable) digital content is downloaded, the new tax rate in effect at the time of download will apply. We will only charge tax in states where digital goods are taxable. No customers are eligible for tax exemptions for transactions made on the My Wake Up Call shopping cart.

    PRICES
    The My Wake Up Call endeavors to offer you competitive prices on current selections. Your total price will include the price of the Product plus any applicable sales tax (in effect on the day of download). My Successables, Inc. reserves the right to change prices for Products offered at mywakeupcalls.net at any time, and does not provide price protection or refunds in the event of a price drop or promotional offering.

    CONTENT AVAILABILITY
    My Wake Up Call makes every effort to provide a broad content offering. For this reason, My Successables, Inc. reserves the right to change content options without notice. On occasion, a Product may become unavailable following a transaction but prior to download. Your sole remedy in such cases is a refund of the price paid for the unavailable Product. Please contact My Wake Up Call Customer Service for assistance in such cases (see below).

    STANDARD RETURN POLICY
    If for any reason you are not completely satisfied with a product, simply return it within 10 days to My Successables for a return. Please note regarding Electronics products, some require Return Merchandise Authorization (RMA), and some are non-returnable. Additional conditions and requirements apply, please read our full return and exchange policy.

    RETURN REQUIREMENTS:
    -Returned products must be in brand new, mint condition.

    -Items must be in the original, undamaged manufacturer's packaging with all packaging materials, including instruction booklets, packing inserts, plastic bags, and the blank warranty cards. The manufacturer's labeled packaging must be enclosed within a new shipping carton.

    -Software must be unopened and in the original sealed packaging.

    -Any Blister packed items or products that come in hard plastic wrap can only be returned if unopened and in original condition.

    -All clock radios and accessories must be returned within 10-days of receipt of purchase.

    -Please note that the warranty card must not be filled out.

    ELECTRONIC PRODUCT RETURN GUIDELINES

    It is important to understand the standards that have been established within the electronics industry regarding the terms and conditions of a sale. The standards are as follows:

    The purchases of computers, peripherals, software, and other consumer electronics are subject to manufacturer restrictions that may be different from other product purchases you have made. All computer, peripheral, software and consumer electronic product returns require an RMA (Return Merchandise Authorization) number, which can be obtained by contacting our Customer Service department. These category returns are subject to a restocking fee.
    Please save all packaging and accessories for any item that is to be returned. All original equipment, components, manuals, cables, documents and packaging must be returned with your item for your return to be accepted. All returns are inspected prior to credit being given and a return may not be accepted or additional restocking fees may apply if all items are not returned in a new condition. An item returned for a replacement may be repaired or replaced at the company's discretion, unless otherwise required by law. Products with specific refund and return policies and deadlines must be returned within the time periods specified for each item. All items sold through our websites are subject to our Privacy and Security Policy regarding use of the site and order acceptance, which is located in our Help Section. Physically damaged items cannot be returned.

    SHIPPING AND HANDLING FEES, IF APPLICABLE, ARE NOT REFUNDABLE.

    Please note we do not accept returns on International purchases at this time. If the item being returned does not meet the above conditions, has been opened or shows signs of wear the return may be refused and returned to you or you may be charged a 25% restocking fee.

    Returns must be received by My Successables within 14 calendar days after notifying My Successables of intent to return. After receiving and inspecting the returned merchandise, we will reimburse you for the purchase price of the item. You will be refunded in the same method in which you paid for the merchandise originally. If a check refund is due, please be advised that it may take up to 30 days to receive your refund. After the return period has expired, please contact the manufacturer to resolve any problems with your equipment.

    Restocking Fee
    A 25% restocking fee will be charged unless the item is defective, damaged, you received the wrong item, or law prohibits the fee. A restocking fee of up to 25% will be charged on special products as noted and an additional fee may be charged for products returned as defective that test to be operational upon return. Additionally, any return that has missing accessories or is incomplete in packaging may be rejected or will be subject to an additional restock fee to cover the price of the missing item.

    Manufacturer's (End-User) Warranties
    My Successables does not offer any express warranties; however, many of the products are covered by Manufacturers' Warranties. Manufacturers' warranty details are typically available at the manufacturer's website. Manufacturers' warranties can also be obtained for free by contacting the manufacturer. Please note that products in this category are non-refundable unless otherwise indicated.

    Some products must be returned directly to the product manufacturer for repair or replacement, unless otherwise required by law. For these items, the warranty policy from the product manufacturer explicitly requires that any returns, repairs etc. be requested and processed directly by the consumer (or "end-user") of the item. More specific return policies are designated for the item categories listed below.

    RETURN POLICY FOR MANUFACTURER (END-USER) WARRANTY ITEMS:

    Clock Radios
    Refund period: 10 days from original invoice date. Replacement period: 30 days from original invoice date. Buyers requesting a refund will be charged a restocking fee of up to 25%. Physically damaged alarm clocks cannot be returned, including physical damage due to improper operation.

    Software
    My Successables, Inc. is not responsible for system/software incompatibility, and incompatibility issues do not qualify software as damaged or defective. Customers are encouraged to contact the respective publisher for answers to technical questions, such as minimum system requirements, prior to purchase.
    ADDITIONAL RMA TERMS
    Physical Damage Policy
    Physically damaged items cannot be returned.

    MP3 downloaded files and CD's are non-returnable and non-refundable. CDs can be returned within 10 days of the invoice date for a replacement of the same title if the item is defective. Items cannot be exchanged for a different item or title.

    Bundle Specials
    Bundle Specials contain multiple items offered together at a discounted price. Offers are valid only while supplies last. Purchasing multiple units of a Bundle Special that feature a mail-in rebate may yield only one redeemable rebate offer (per the manufacturer's "limit one per household" provision). If you wish to return a Bundle Special for a refund, you must return the ENTIRE BUNDLE within specified return period from the date of purchase. Note that a restocking fee of up to 25% will be applied. Components within a Bundle Special may be returned for replacement only. Individual items may only be returned for replacement if an RMA number is acquired within the Standard Return period.

    Please note: In some cases a bundle discount has been applied to each item. You will be refunded the discounted price, which may differ from the price if you purchased it individually.

    You will be issued a refund, if you return an item for an exchange (if the product qualifies for an exchange) after the product has been discontinued and we are out of stock.

    You may purchase merchandise from this Web site by using PayPal. mywakeupcalls.net reserves the right to change its payment procedures at any time without prior notice to you.
    Customer service is available as defined on the Contact Us page of this Web site. Monday-Friday 9am - 6pm (Pacific)
    FOR ASSISTANCE WITH ORDERS - My Wake Up Call CUSTOMER SERVICE

    For assistance with billing questions or other order inquiries, please refer to our online support page by clicking here: www.shop.mywakeupcalls.net/faq.html. If you cannot find the answers you are, you can contact us at mywakeupcalls@gmail.com. Responses to emails will be provided as soon as possible.

    CONTENT USAGE RULES

    Your use of any Products purchased from My Successables, Inc. is conditioned upon your prior acceptance of the Terms of Service, including, without limitation, the Usage Rules set forth therein.
    OTHER TERMS AND CONDITIONS

    My Successables, Inc. is not responsible for typographic errors.

    My Successables, Inc. reserves the right to change the terms and conditions of sale at the My Wake Up Call website at any time. Customers are encouraged to review the Terms of Sale on a periodic basis for modifications.

    All transactions on the My Wake Up Call website are governed by California law, without giving effect to its conflict of law provisions. Risk of loss and title for all electronically delivered transactions pass to the purchaser or renter (as applicable) in California upon electronic transmission to the recipient. No My Successables, Inc. employee or agent has the authority to vary any of the My Successables, Inc. policies or the terms and conditions governing any sale.
    TERMS OF SERVICE

    THIS IS A LEGAL AGREEMENT BETWEEN YOU AND MY SUCCESSABLES, INC. ("MY SUCCESSABLES, INC.") STATING THE TERMS THAT GOVERN YOUR USE OF THE MY WAKE UP CALL SERVICE. THIS AGREEMENT - TOGETHER WITH ALL UPDATES, ADDITIONAL TERMS, SOFTWARE LICENSES, AND ALL OF MY SUCCESSABLES, INC.'S RULES AND POLICIES - COLLECTIVELY CONSTITUTE THE "AGREEMENT" BETWEEN YOU AND MY SUCCESSABLES, INC.. TO AGREE TO THESE TERMS, CLICK "AGREE." IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK "AGREE," AND DO NOT USE THE SERVICE. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU: CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND MY SUCCESSABLES, INC. MAY REFUSE ACCESS TO THE MY WAKE UP CALL PRODUCTS FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT.

    1. Definition of the My Wake Up Call Service. My Successables, Inc. is the provider of the My Wake Up Call (the "Service") that permits you to purchase or rent (as applicable) digital content, such as sound recordings and videos under certain terms and conditions as set forth in this Agreement.

    2. Age requirements for use of the Service. This Service is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand these terms and conditions.

    3. Objectionable Material. You understand that by using the Service, you may encounter content with which you do not agree. Nevertheless, you agree to use the Service at your sole risk and that My Successables, Inc. shall have no liability to you for content with which you disagree. Content types (including genres, sub-genres and Podcast categories and sub-categories and the like) and descriptions are provided for convenience, and you acknowledge and agree that My Successables, Inc. does not guarantee their accuracy.

    4. IMPORTANT SAFETY INFORMATION. (1) Always consult with a physician before beginning any fitness program. To avoid injury, stop any activity that you feel is causing discomfort and seek medical assistance immediately.

    5. System Requirements. Use of the Service requires one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Service involves hardware, software, and Internet access, your ability to use the Service may be affected by the performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. The Service is not part of any other product or offering, and no purchase or rental (as applicable) or obtaining of any other product shall be construed to represent or guarantee you access to the Service.

    6. Policies and Rules. Your use of the Service and transactions made through it are subject to My Successables, Inc.'s Terms of Sale at http://www.mywakesupcalls.net which can be readily viewed, and any end-user agreements or other terms and conditions required for use of the Service, all of which are hereby made a part of this Agreement. If you have not already read My Successables, Inc.'s Terms of Sale, you should do so now. Your purchase of software products made through the Service is subject to any end-user agreements or other terms and conditions required for use of such products, all of which are hereby made a part of this Agreement.

    7. Privacy

    a. My Successables, Inc.'s Privacy Policy. Except as otherwise expressly provided for in this Agreement, the Service is subject to My Successables, Inc.'s Privacy Policy at http://www.mywakeupcalls.net/legal, which is expressly made a part of this Agreement. If you have not already read My Successables, Inc.'s Privacy Policy, you should do so now.

    b. My Successables, Inc. may only use this information and combine it with aggregated information of other users who also opt-in to this feature, your My Wake Up Call purchase history data, aggregated purchase history data from other My Wake Up Call users, and other information obtained from third parties, to: Create personalized playlists for My Wake Up Calls library.

    Provide you with recommendations regarding media and other products and services that you may wish to purchase.
    Provide recommendations regarding products and services to other users.

    At all times your information will be treated in accordance with My Successables, Inc. Customer Privacy Policy which can be viewed at: www.mywakeupcalls.net/legal/privacy/.

    8. Your Information. You agree to provide accurate, current, and complete information required to register with the Service and at other points as may be required in the course of using the Service ("Registration Data"). You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. My Successables, Inc. may terminate your rights to any or all of the Service if any information you provide is false, inaccurate or incomplete. You agree that My Successables, Inc. may store and use the Registration Data you provide (including credit card and PayPal account information) for use in maintaining your accounts and billing fees to your credit card or PayPal account.

    9. User Account and Security.

    a. Account and Password. As a registered user of the Service, you may receive or establish an account ("Account"). You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone else or use anyone else's Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify My Successables, Inc. of any unauthorized use of your Account or any other breach of security. My Successables, Inc. shall not be responsible for any losses arising out of the unauthorized use of your Account.
    b. Security. You understand that the Service, and products transacted through the Service, such as sound recordings, videos (including movies and television shows), games, software, ring tones, and related artwork ("Products"), include a security framework using technology that protects digital information and limits your usage of Products to certain usage rules established by My Successables, Inc. and its licensors ("Usage Rules"). You agree to comply with such Usage Rules, as further outlined below, and you agree not to violate or attempt to violate any security components. You agree not to attempt to, or assist another person to, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components related to such Usage Rules for any reason whatsoever. Usage Rules may be controlled and monitored by My Successables, Inc. for compliance purposes, and My Successables, Inc. reserves the right to enforce the Usage Rules with or without notice to you. You will not access the Service by any means other than through software that is provided by My Successables, Inc. for accessing the Service. You shall not access or attempt to access an Account that you are not authorized to access. You agree not to modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorized access to the Service. Violations of system or network security may result in civil or criminal liability.

    10. Purchase of My Successables, Inc. Content

    a. Products Requirements. You acknowledge that use of Products may require the use of other hardware and software products (e.g., the ability to make copies of Products on physical media and render performance of Products on authorized digital player devices), and that such hardware and software is your responsibility. Products may only be downloaded once; after being downloaded, they cannot be replaced if lost for any reason. Once a Product is purchased and you receive the Product, it is your responsibility not to lose, destroy, or damage the Product, and My Successables, Inc. shall be without liability to you in the event of any loss, destruction, or damage.

    b. Use of Products. You acknowledge that Products contain security technology that limits your usage of Products to the following applicable Usage Rules, and, whether or not Products are limited by security technology, you agree to use Products in compliance with the applicable Usage Rules.

    Usage Rules (i) Your use of the Products is conditioned upon your prior acceptance of the terms of this Agreement.
    (ii) You shall be authorized to use the Products only for personal, noncommercial use.
    (iii) Use of the Product shall not constitute a grant or waiver (or other limitation or implication) of any rights of the copyright owners in any audio or video content, sound recording, underlying musical composition, or artwork embodied in any Product.
    (iv) You agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of the Service or used to administer the Usage Rules.
    (v) The delivery of Products does not transfer to you any commercial or promotional use rights in the Products.
    (xii) Usage rules for software Products are governed by the terms of any end-user agreements or other terms and conditions required for use of such Products.
    11. Agreement to Pay.
    a. Payment for Products. You agree to pay for all Products you purchase or rent (as applicable) through the Service, and that My Successables, Inc. may charge your credit card or PayPal account for any Products purchased or rented (as applicable), and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING MY SUCCESSABLES, INC. WITH A VALID CREDIT CARD OR PAYPAL ACCOUNT DETAILS FOR PAYMENT OF ALL FEES. All fees will be billed to the credit card, or the PayPal account, you designate during the registration process. If you want to designate a different credit card or if there is a change in your credit card or PayPal account status, you must change your credit card or PayPal account information online at the Account Info section of the Service. (There may be a temporary disruption of your access to the Service until My Successables, Inc. can verify the validity of the new credit card or PayPal account information.)
    b. Right to Change Prices and Availability of Products. Prices and availability of any Products are subject to change at any time.
    c. Electronic Signatures and Contracts. Your use of the Service includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.
    d. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
    13. Delivery of Products.
    a. Interrupted Delivery to iPod or iPhone. If delivery of a Product you purchased or rented (as applicable) using Wi-Fi on an iPod or iPhone is interrupted, your transaction will be included in your download queue. You may resume the delivery to your My Successables, Inc.-authorized device by selecting "Check for Purchases" from the Store menu in the iTunes application on your computer, or the download section on your iPod touch or iPhone.
    b. Technical Problems. On occasion, technical problems may delay or prevent delivery of your Product. Your exclusive and sole remedy with respect to Product that is not delivered within a reasonable period will be either replacement of such Product, or refund of the price paid for such Product, as determined by My Successables, Inc..
    14. Intellectual Property.
    a. Acknowledgement of Ownership. You agree that the Service, including but not limited to Products, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Service, contains proprietary information and material that is owned by My Successables, Inc. and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with the terms of this Agreement. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted hereunder. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service, in any manner, and you shall not exploit the Service in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.
    b. Removal of My Successables, Inc. Content or Other Materials. Notwithstanding any other provision of this Agreement, My Successables, Inc. and its licensors reserve the right to change, suspend, remove, or disable access to any Products, content, or other materials comprising a part of the Service at any time without notice. In no event will My Successables, Inc. be liable for the removal of or disabling of access to any such Products, content or materials under this Agreement. My Successables, Inc. may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability.
    c. Copyrights. All copyrights in and to the Service, including but not limited to, the My Wake Up Call (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources), and software, are owned by My Successables, Inc. and/or its licensors, who reserve all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THESE TERMS OF SERVICE, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
    d. Trademarks. My Successables, Inc., the My Successables, Inc. logo, and other My Successables, Inc. trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of My Successables, Inc. in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
    15. Termination.

    a. Termination by My Successables, Inc.. If you fail, or My Successables, Inc. suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of fees due, failure to provide My Successables, Inc. with a valid credit card or with accurate and complete Registration Data, failure to safeguard your Account information, violation of the Usage Rules or any license to the software, or infringement or other violation of third parties' rights, My Successables, Inc., at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) terminate the license to the software; and/or (iii) preclude access to the Service (or any part thereof).
    b. Termination of the Service. My Successables, Inc. reserves the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice to you, and My Successables, Inc. will not be liable to you or to any third party should it exercise such rights.
    16. General Compliance with Laws. The Service is controlled and operated by My Successables, Inc. from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Service.
    17. Enforcement of These Terms. My Successables, Inc. reserves the right to takes steps My Successables, Inc. believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to My Successables, Inc.'s right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party's rights). You agree that My Successables, Inc. has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as My Successables, Inc. believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to My Successables, Inc.'s right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party's rights).
    18. No Responsibility for Third-Party Materials or Web sites. Certain content, Products, and services available via the Service may include materials from third parties. In addition, My Successables, Inc. may provide links to certain third-party Web sites. You acknowledge and agree that My Successables, Inc. is not responsible for examining or evaluating the content or accuracy of any such third-party material or Web sites. My Successables, Inc. does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or Web sites, or for any other materials, products, or services of third parties. Links to other Web sites are provided solely as a convenience to you. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that My Successables, Inc. is not in any way responsible for any such use by you.
    19. Disclaimer of Warranties; Liability Limitations.

    a. MY SUCCESSABLES, INC. DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME MY SUCCESSABLES, INC. MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.

    b. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY MY SUCCESSABLES, INC.) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

    c. IN NO CASE SHALL MY SUCCESSABLES, INC., ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, MY SUCCESSABLES, INC.'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

    d. MY SUCCESSABLES, INC. SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND MY SUCCESSABLES, INC. HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

    e. MY SUCCESSABLES, INC. DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND MY SUCCESSABLES, INC. DISCLAIMS ANY LIABILITY RELATING THERETO. PRODUCTS CAN ONLY BE DOWNLOADED ONCE; AFTER BEING DOWNLOADED, THEY CANNOT BE REPLACED IF LOST FOR ANY REASON. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY PRODUCTS PURCHASED OR RENTED FROM THE MY WAKE UP CALL THAT ARE STORED IN YOUR SYSTEM.

    20. Waiver and Indemnity. BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD MY SUCCESSABLES, INC., ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY MY SUCCESSABLES, INC. AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM MY SUCCESSABLES, INC., ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF MY SUCCESSABLES, INC.'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.

    21. Changes. My Successables, Inc. reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as "Additional Terms") will be effective immediately and incorporated into this Agreement. Your continued use of the My Wake Up Call following will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.

    22. Notices. My Successables, Inc. may send you notice with respect to the Service by sending an email message to the email address listed in your My Successables, Inc. Account contact information, by sending a letter via postal mail to the contact address listed in your My Successables, Inc. Account contact information, or by a posting on the My Wake Up Call. Notices shall become effective immediately.
    23. Governing Law. The laws of the State of California, excluding its conflicts of law rules, govern these Terms of Service and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with My Successables, Inc. or relating in any way to your use of the Service resides in the courts of the State of California. 24. Miscellaneous. These Terms of Service constitute the entire agreement between you and My Successables, Inc. and govern your use of the Service, superseding any prior agreements between you and My Successables, Inc.. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. My Successables, Inc.'s failure to enforce any right or provisions in these Terms of Service will not constitute a waiver of such provision, or any other provision of these Terms of Service. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. My Successables, Inc. will not be responsible for failures to fulfill any obligations due to causes beyond its control.

    Last updated: July 31, 2009

    This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. My Wake Up Call and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if My Wake Up Call believes that customer conduct violates applicable law or is harmful to the interests of My Wake Up Call and its subsidiaries.


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